HomeMy WebLinkAbout07 - Justice Assistance Grant Annual Award�EWPORr CITY OF
NEWPORT BEACH
�goaH'P City Council Staff Report
Agenda Item No. 7
December 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Jay R. Johnson, Chief of Police
949 - 644 -3701, JJohnson @nbpd.org
Bill Hartford, Lieutenant
PREPARED BY: 949- 644 -3710, BHartford @nbpd.org
APPROVED:
TITLE: Justice Assistance Grant — Annual Award
ABSTRACT:
Authorize the City Manager to execute the 2011 Justice Assistance Grant to transfer
funds.
RECOMMENDATION:
1. Approve Agreement to transfer funds for Fiscal Year 2011, Justice Assistance
Grant Annual Award, and authorize the City Manger to execute the Agreement
per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3,
the City Manager may accept grants or donations of up to $30,000 on behalf of
the City.
2. Approve a Budget Amendment increasing revenue estimates in the amount of
$10,977 in Account #1290 -5257, and increase expenditure appropriates in
Account #1290 -7095.
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $10,977 in additional revenue from
the Justice Assistance Grant and $10,977 in increased expenditure appropriations. The
revenue will be posted to the Fund 129 Account in the Police Department, 1290 -5257,
and the purchase will be expensed to the salary account in the Police Department,
1290 -7095,
DISCUSSION:
In 1996, with the approval of the City Council, the Police Department applied for a grant
to establish the position of Crime Prevention Specialist. The grant was part of a Federal
program directed at local law enforcement. The Local Law Enforcement Block Grant
(LLEBG) Program targeted several areas, including crime prevention. As a result of
Justice Assistance Grant — Annual Award
December 13, 2011
Page 2
that grant being awarded to the City of Newport Beach, a Crime Prevention Specialist
position was established. In 2005, the LLEBG Program was discontinued. Several
grant programs, including LLEBG, were then combined into a new Federal grant called
the Justice Assistance Grant (JAG). Since 1996, the Police Department has received
funding, at continuing smaller amounts, for the Crime Prevention Specialist position
from the LLEBG, now JAG. This has required the Police Department to assume greater
financial responsibility for the position with each new budget year. The annual salary
and benefits for the position of Crime Prevention Specialist is $109,712, and the current
grant allowance will be used to offset those costs.
The previous annual JAG grants provided $24,569 in 2004; $12,474 in 2005; $7,422 in
2006; and $6,403 in 2007. No funds were received in 2008. In September 2009, due to
the President's Economic Stimulus Program, Newport Beach received a 2009 JAG
Recovery Act grant award of $54,430, which is separate from the annual awards. In
2010, the Police Department received an award of $13,332.
A requirement of the JAG is for all law enforcement agencies in Orange County to apply
together in one application. The Federal Department of Justice has established the
monetary amount for each agency, based on prior grants received by each agency.
The portion of this annual grant designated to Newport Beach for 2011, which is
$10,977, bwill continue to provide limited support for the Crime Prevention Specialist
position.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by
R. J nson
Chief of Police
Attachment: A. Agreement to Transfer Funds
B. Budget Amendment No. 12BA -020
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AGREEMENT TO TRANSFER FUNDS
FOR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
THIS AGREEMENT is entered into this day of 2011, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY', and
a municipal corporation, hereinafter referred to as
I " SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sberiff - Coroner Department, hereinafter referred to
as SHERIFF; in its capacity as the lead agency on behalf of sixteen units of local government, including
SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial
Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance (hereinafter referred to as "the grant').
WHEREAS, the purpose of the grant is to supplement the resources available to the multi
agency Orange County Pro- Active Methamphetamine Laboratory Investigative Team (PROACT), and
to various programs designated to prevent and control crime within the County of Orange that are
operated by individual agencies included in the above- referenced sixteen units of local government, as
set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and
incorporated herein by reference.
WHEREAS, the terms of the grant require that certain grant funds be transferred to
SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for
law enforcement, as more particularly described in Attachment A hereto.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
28
CPDA16.738
FY2011 JAG Program
U.S. Department of Justice
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to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
required information and documentation, as set forth in Attachment B hereto ( "How to Apply for JAG
Grant Reimbursements "), which is attached hereto and incorporated herein by reference. In no event
I will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed
SUBGRANTEE's allocation, as set forth in Attachment C hereto ( "JAG Program Allocation "), which is
attached hereto and incorporated herein by reference.
2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter,
called "grant property and equipment"] or to perform such other grant functions, if any, for which
Attachment A specifies that SUBGRANTEE may utilize grant funds.
3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment
only for grant purposes in accordance with Attachment A hereto.
4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and
I equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in Attachment D (`Edward Byrne Memorial Justice
Assistance Grant Reporting Requirements "), which is attached hereto and incorporated herein by
reference.
7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are
attached hereto as Attachment E and incorporated herein by reference.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto.
CFDA 16.738
FY2011 JAG Program
U.S. Departmem. of Justice
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SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
thereunder.
10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, D and E hereto.
11. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
12. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
13. For a period of three years after final payment hereunder or until all claims related to
this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time
period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
agency from which COUNTY received the grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
request, during usual working hours.
CPDA 16.738
FY201 l JAG Program
U.S. Depanniera of Justice
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14. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time
and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
/1
//
//
//
//
//
//
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CFDA 16.738
FY2011 JAG Program
U.S. Department of Justice
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: R , '011
APPROVED AS TO FORM:
COUNTY COUNSEL
By-
Nicole Sims, Deputy
DATED: r// 2 2011
DATED: 12011
ATTEST:
City Clerk
DATED: 2011
CFDA 16 738
FY2011 JAG Program
U S Depamnent of Justice
is
a
COUNTY OF ORANGE, a political
subdivision of the State of California
t %JU1N 1 I
SUBGRANTEE
Name and Title
City
``` J
Page 5 of 5
ATTACHMENT A 2011- D.J -BX -2532
City: Newport Beach
The City of Newport Beach proposes to use the 2011 Justice Assistance Grant funding as follows:
Purpose a Areas•
State which Purpose Area(s) out of the following programs your project will be used for - Prevention
and education.
Program Narrative:
The Newport Beach Police Department is requesting 2011 Justice Assistance Grant funding to
supplement the salary of the Police Department's Crime Prevention Specialist. This grant will insure our
agency is able to seamlessly maintain our Crime Prevention services to our Community, despite
mandatory budgetary reductions, This will include crime prevention education to our residential and
business communities, Neighborhood Watch groups, and school programs.
The Newport Beach Police Department's mission statement indicates that we will respond positively to
the Community's needs. The Community has come to expect a vibrant and active Neighborhood Watch
Program, as well as other Community outreach programs conducted by the Police Department's Crime
Prevention Specialist. Currently, the Crime Prevention Specialist is further expanding social media outlets
to further the Police Department's outreach to the Community.
Goals of the Project:
The goal of the program is to maintain a highly visible program dedicated to 1.) Preventing Crime, 2.)
Disseminating correct and realistic information about criminal activity and crime prevention; and, 3.)
Enhancing the perception of security within the Community.
Strategies to be used for Project:
Conduct Neighborhood Watch meetings, crime prevention meetings, and the distribution of electronic and
hard copy Community crime alert bulletins to keep the Community informed bf current crime trends in an
effort to better prepare the Community to take crime prevention measures.
Project identifiers: See JAG Identifiers (attached)
Crime Prevention & Education/Crime Prevention
Budget and Budget.Narrative:
The full amount of the grant, $10,997 twill be used to supplement the salary of the Newport Beach Police
Department's Crime .Prevention Specialist.'
2011 -DJ -BX -2532 Page 26 of 38
ATTACHMENT A 2011 -DJ -BX -2532
Timeline and/or Proieet Plan: Identify wben the goals and objectives will be completed
This Crime Prevention Specialist position will be continually funded throughout the life of the grant.
Funding:
Total Allocation: $13,551
PROACT Contribution: $1,355
Administrative Fee (9 %): $1,220
Funds Retained by City: $16,976
2011- DJ -BX- 2532.
Page 27 of 38
ATTACHMENT B 2011 -DJ -BX -2532
HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS
1. A letter on vour cities letterhead that includes or states the followine:
A. Your agency's request for reimbursement in the amount of $
B. Against Grant Award #2011 -DJ -BX -2532;
C. Certification that you complied with all procurement procedures
outlined in your agency's procurement manual and financial and
administrative requirements set forth in the current OJP Financial
guide.
D. Name of payee and address of where payment is to be sent
E. Letter is to be signed by the person authorized in the JAG Program
MOU.
2. Required attachments to the letter:
A. Your agency is required to submit quarterly Federal Financial
Report using a Standard Form 425 (OMB). This report reflects the
cumulative actual federal monies spent, unliquidated obligations
incurred, and the unobligated balance of federal funds. The Federal
Financial Report is due at the Sheriffs'Department Financial
Division by the due dates indicated below:
Qtr. ending 03 -31 -YY due no later than 4/10
Qtr. ending 06 -30 -YY due no later than 7/10
Qtr. ending 09 -30 -YY due no later than 10/10
Qtr. ending 12 -31 -YY due no later than 01/10
A helpful hints guide for completing Federal Financial Report is
available at the DOJ -OJP website at:
http_/ /www.ojp.usdoi.gov /fundi ng/forms.htm
B. All invoices /receipts and relevant purchase orders pertaining to
federal monies spent.
C. Time Sheets and part of payroll register showing personnel name or
other individual identifier and details of payroll costs claimed, if any.
D. Copies of signed check(s) for purchase(s) and general ledger reports
clearly indicating expenditures for the quarter;
All of the above documents must be provided to our office: otherwise your
claim will not be processed.
If you have any questions please call Karla Lazaridis at (714) 834 -6675.
Send your claim to the Attention of Karla Lazaridis at 320 N. Flower Street, Suite
108, Santa Ana, CA 92703.
ATTACHMENT C
2011 JAG PROGRAM ALLOCATIONS
Award #2011 -Dj -BX -2532
'CITY
2010 Funds
TO PROACT
(Includes .
Admin. Fee)
Total
%
ALLOC
Amount To
PROACT
ADM. FEE 9%
Funds
Retained by
Individual
Agencies
OCSl)
$
16,938
$
3,218
10%
$
1,694
$
1,524
$
13,720
Anaheim
$
118,537
$
15,410
40/6
$
4,741
$
10,668
$
103,127
Buena Park
$
24;984
$
2,249
0610
$
-
$
2,249
$
22,735
Costa Mesa
$
27,585.
$
2,483
0%
$ .
$
2,483
$
25,102
Fountain Valley
$ ,
10,012
$
901
0%
$
$
901
$
9,111
Fullerton
$
42,436
$
8,063
10%
$
4,244
$
3,819
$
34,373
Garden Grove .
$
54,293
$
4,886
0%
$
$
4,886
$
49,407
Huntington Beach
$
34,511
$
3,106
0%
$
$
3,10.6
$
31,405
Irvine.
$
12,855
$
2,442
10%
$
1,286
$
1,157
$
10,413
La Habra
$
17,725
$
3,368
10%
$
1,773
$
1,595
$
14,357
e Beach
7
0
7
OranLye
$
19,539
T=
0
Santa
11,027
/a
Stanton
$
14,246
$
2,707
10%
$
1,425
$
1,282
$
11,539
Tustin
$
10,223
$
1,942
10%
$
1,022
$
920
$
8,281
WesWaster
$
25,952
$
3,262
0%
.$
926
$
2,336
$
22,690
G;0'6;Cs8A..;
,$
91,351 ;!
$
3'6,7x 9
515,3:30,
ATTACHMENT D 2011 -DJ-BX -2532
FY2011 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS
Programmatic Reportine
Categorical Assistance Progress Reports
Reporting on the progress of the grant program is required. Some grants may require an annual
submission of progress report information. Most programs require semiannual and/or quarterly
reporting. Reporting requirements are specified in the grant solicitation and in the special
conditions specified in the award. Questions concerning progress reporting should be directed to
the Program Manager for the award. .
Quarterly Programmatic (PMT) and Federal 1512 Reporting periods are:
January 1— March 31
April 1— June 30
July 1— September 30
October 1— December 31
Reporting requirements must be met during the life of the grant. A full explanation of these
requirements can be found in the OJP Financial Guide, which may be accessed at
http: / /,Aww.ojp. usdoj .gov /financialguide /index.htm Also check special conditions on awards for
additional reporting requirements. GPRS (see Step 5) will not permit access to funds if financial
reporting is delinquent.
The following information concerns:
• Single Audit Reports
• Categorical Progress Reports
�. Federal. Financial Reports
Single Audit Reports
A special condition may be included with your award that details reporting requirements for
audit reports. Please review and comply with that special condition. There is no form for
submission of audit reports; however, a transmittal letter is needed. Information about the letter
and the rules for single audits may be found in the OJP Financial Guide under Part III,
Postaward Requirements, Chapter 19: Audit Requirements and in OMB Circular No. A -133,
Audits of States, Local Governments; and Non -Profit Organizations.
ATTACHMENT D 2011 -DJ -BX -2532
The submission of audit reports for all grantees shall be as follows:
• State and Local Governments, Institutions of Higher Education, and
Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007
should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East
I Oth Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008
and later should be submitted on the Federal Audit Clearinghouse's Web site at
http:t/harvester.census.gov /sac. Do NOT submit your audit reports to OR unless
specifically requested.
• Commercial Organizations and Individuals. One copy of all audit reports should be
mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN:
Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531.
Direct any questions regarding the grant program to Susie Cabrera.
scabrera@ocsd.org
431 The City Drive South
Orange, CA 92868
(714) 935 -6869
ATTACHMENT E
OJP FORM 40M (REV. 3-V) PREVIOUS EDITIONS AREOBSOLEPE
OJP FORM 40002 (REV. 4 -88)
Office of Justice ProRlSms
�
Bureau of Justice Assistance
Grant
PAGE I OF 6
I. RECIPIENT NAME AND ADDRESS 0.d,la,g Zip Code)
4.AWARDNUMBER: 2011 -DJ -10I-2532
Cavnp•o(0mna
'
lacivic Cemu'Plaza
5.PROJMCTPERIOD.FROM 10101A2010 TO 09302014
Santa Ana. CA 92701 -4017
BUDGET PER7OD: FROM 10/012010 TO 09302014
6.AWARODATE OB/12I2011
S. SUPPLEMENT NUMBER
7, ACTION
Initial
I A. GRANTEE7RS(VENDOR NO.
950009291
00
9, PREVIOUS AWARD AMOUNT So
3. PROJECT TITTLE
10. AMOUNT OF THIS AWARD 8606,689
P1' 2011 Js9im A#islsnea Gann Pmeam
11. TOTAL AWARD $606.689
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROIECTIS APPROVED SUBIECP TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
Ibis project is sapponed under FYI IOIJA - JAG) 42 USC 3750• ascq.
15.1,15THODOFPAYMFNT
GPRS
AGENCYAPPROVAL
GRANTTiEACCFATANCE
16. TYPED NAMEAND TITLE OF APPROVING OFFICIAL
18. TYPED NAME AND TITLE OF AUTHORIZED GRANITE OFFICIAL
Denitt ODnnncll
BRT Campbell
Director
Ohai.an
17. SIGNATURE OF APPROVING OFFICIAL
19. SI GNATUREOFAUTHORIZEDRECMJ13NTOFMCIAL
19A.DATE
AGENCYUSEONLY
20 ACCOUNTING CLASSIFICATION CODES
21. KDJUGT009S
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB, POMS AMOUNT
X B DI 80 00 00 606659
OJP FORM 40M (REV. 3-V) PREVIOUS EDITIONS AREOBSOLEPE
OJP FORM 40002 (REV. 4 -88)
Department of Justice
- e
Office of Justice.Programs
£ a Bureau of Justice Assistance
N:
I
AWARD CONTINUATION
SHEET
Grant
PROJECTNUMRER 2011- DI- aX -'.32 AWARD DATE 08/112011
FACE 2 OF 6
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide,
2. The recipient acknowledges that failure to submit an acmi mble Equal Employment Opportunity Plan (if recipient is
requited to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance. -
3. The recipient agrees to comply with the organizational audit requirements of OMR Circular AA 33, Audits of States,
Local Governments, and Non -Profit Organizations.-and funher understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular AA 33 audits (mid
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in suppoif of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP. -
5. The recipient must promptly refer to the DOI OIG any credible evidence that a principal, employee, agent, contractor,
subgmmee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, a'
similar misconduct involving grant funds. This condition also applies in any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported w the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Waslih ramp, DC 20530
e -mail: oig.hodine @usdoj.gm
hodine: (contact information in English and Spanish): (800) 969 -4499
or hotline fax: (202) 616 -9881
Additional information is available from the DOJ OIG we6ske at www.usdoj.gov /oig.
6. Recipient understands and agrees that it cannot use any federal funds, either dually orindirectly, in support of any
cono'act or subawm d to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without 14C express prim' writer approval :of OJP.
7. The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance
period if the agency determines that the recipient is a high -risk grantee. Of. 28 CRR. parts 66, 70.
O7P FOAM 4D1702 (REV. 448)
Department of justice
Office of Justice Programs AWARD CONTINUATION
F' Bureau of Justice Assistance SI'IEET PACE 3 or a
Grant
PRO)ECTNnMBER 2011 -Dj -BX -253? AWARDDATE 08/1 -_+011
SPEC /AL CONDITIONS
S. Pursuant to Executive Order 17513, "Federal C.eadership on Reducing Tex( Messaging While Driving," 24 Fed. Be-'
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the worse of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
9, Therecipient agrees mcornply with applicable mquirementsregarding Central Contractor Registration(CCR)and
applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data .Oniversal
Numbering Systero (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs
web site at http:/ /www.ojp.gov /funding/ccr.hlm (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to
an individual who received the award as a natural person (i.e., unrelated to any business or non -profit organization that
hew she may omm or operate in his orber name).
10. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the fi ve most highly compensated executives of
the recipient and first -tier subsecipients of award funds.. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http: / /www.ojp.gov /funding /ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and a
incorpmated by reference here. This condition, and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person (i.e, unrelated to any business or non -profit organization that
he or she may own operate in his or her name).
I I., The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing
account.) The fund, including any interest, may not he used to pay debts or expenses incurred by otter activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest eared) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report (SF -425).
12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the safisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Mode) (NJEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriefion all schemas generated as a result of this grant to the component registry as specified in the
guidelines. Formoreinformation on compliance with this special condition, visit
hap:// www. niem.gov /implemmiationguide.php.
pre FORM 400072 (REV, 4 -8R)
° Department of Justice
Office of Justice Programs AWARD CONTINUATION
s 'r< ` Bureau of Justice Assistance SKEET FADE a OF s
t�" Grant
I PROJECTNUMBER 201 I.W. .2332 AWARD DATE 0 9(1 L2011
SPECIAL CONDITIONS
14. The grantee agrees to assisr BJA in complying with the National Environmental Policy Act (NEPA), lbe National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant fonds, either directly by the grantee orby a subgrantee. Accordingly, thegrantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following acti vities Will be funded by the grant, the grantee agrees to comact BIA.
The grantee understands that this special condition applies to its following new activities wheNer or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgramee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition art:
a. New construction; . . .
b. Minor renovation a mmode)ing of a property located in an environmentally or historically sensitive area, including
P) operties located within a 100 -year flood plain, a Welland, or habitat for endangered species, or a property listed on or
eligible for listing on die National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
pior use or (b) significantly change its siu;
d. Implementation of a new program involving, the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine m lthantphelaminelaboratory operations, including the
identification, seizure, or closure of clandestine metlhamphetwome laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and /or on Environmental Impact Statement, as directed by B3A. The grantee forth" understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http:// www. ojp .usdoj,govBJA /r esoumebupa.html, for programs relating to meshamphetamine laboratory operations
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
15. The recipient agrees that any information technology system funded or supported by OR funds will comply with 28
C.P.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP. determine 28 C.F.R. Pan 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c) -(d). Recipient may not satisfy such a fine witlt federal funds
16. The recipient agrees to ensure that he State Information Technology Point of Contact receives written notification
regarding any informaton taehnology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology.
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement For a list of State Information Technology Points of Contact, so to
http: / /www.it.ojp, gov /detault.aspx ?area= policyAndPractioe&page =1046.
O)P'PORM'4000R (REV. 4.68)
Department of Justice
a i Office of Justice Prcgi ams AWARD CONUNUATION
ii
¢ Bureau of Justice Assistance SHEET PAGE 5 of u
Grant
PROIECTNUNBER 201I-Dr -BX -2532 AWARD DATE 08/1212011
SPECIAL CONDITIONS
17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Pan 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal
Treatment Regulation provides in pan that Department of. Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or pioselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded prog am, and participation in such activities by individuals receiving services from the
grantee or a sub- eramee, must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are notpermitted to discriminate in dwprovision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award; faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
hrtp://www.ojp.gov/Abouttoa/equaLfbo.litm. _
18. The recipient acknowledges that all programs funded through subawards, whether at the state m local levels, must
conform to the grant program requirements as stated in BIA program guidance.
19. Grantee agrees to comply with the requirements of 28 C.F.R. Parr 46 and all Office of Justice Programs policies and
In ocedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section.3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data Or information. Grantee further agrees, W a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Pan 22 and, in particular,
section 22.23.
21. The recipient agrees that funds received under this award will not be used to supplant Stale or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
22. Award recipients most submit quarterly a Federal Rnancial Report (SF -425) and annual performance reports through
GMS (hops: / /grants.cjp.usdcj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (OPRA), P.L. 103 -62, applicants who receive funding under this solicitation must
provide dale that measure the results of their work. Therefore, quarterly performance metrics reports must he submitted
throueh BJA's Performance Measmemerrt TOOL( PMT) website (www.bjapwformaumtools.org). Formoredetailed
information can reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, reguladons,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
24. Award recipients must verify Point of COMUI(POC), Financial Point Of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone im nber and Email address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
ONFORM 40W12 (REV.4 -88)
Department of Justice
Office of Justice Programs AWARD CONTINUATION
% gµ. Bureau Of Justice Assistance I SHEET PAGE 6 OF 6
N::.,..�f r Grant
PROJECTNOMDER 2011-1- SX -25s2 AWARD DATE 081122011 I
SPECIAL CONDITIONS
25. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent tank, will complete required online (imemet- based) task force training. The naming is provided free of
charge online through BJA's Center for Task Force Integrity and l..eadesship (www.cd0i.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberieshights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www,ctfli.org).
26. Recipient may not expand of drawdown funds until the Bureau of Justice Assistance, Office of Justice programs has
received documentation demonstrating that the state or local governing body review and/or community notification
requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
27. The recipient agrees expeditiously to obtain active registration With the Central Contractor Registration (CCR)
database, and to notify due program office in writing of its registration. Following satisfaction of this requirement, a
Gram Adjustment Notice will be issued to remove this special condition.
29. Recipient may not expend, in drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice
( CAN) informing the recipient of the approval,
29. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award rccipimt at a rate that exceeds 110%a of the maximum annual salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non - federal funds.)
This limitation on cemperssation rates allowable under this award may be waived on an individual basis At the
discretion of the OJP official indicated in the program announcement under which this award is made.
07F FORM 4OW12 MEV. 0.88)
City of Newport Beach
BUDGET AMENDMENT
2011 -12
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 11BA -020
AMOUNT: $1osn.00
�X Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations to accept the 2011 Federal Justice Assistance Grant (JAG)
which will be used to offset the salary and benefit expense related to the Crime Prevention Specialist position.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Amount
Fund Account
Description
Debit Credit
010 3605
General Fund - Fund Balance
$10,977.00
REVENUE ESTIMATES (3601)
Fund /Division Account
Description
1820 5134
Police - Support Services - JAG City Staff Services
$10,977.00
129 5257
Misc Grants - JAG Revenues
$10,977.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 1290
Misc Grants
Account Number 7095
Salary Reimbursement
$10,977.00
Division Number
Account. Number
Division Number
Account Number
Division Number
Account Number
` Automatic System Entry.
Signed:
�--
qq
''• 4" - ��
Financial Approval:
nistrative Services Director
Date
Signed: I
C-A
�7./ -)III
Administrativ oval:
City Manager
Date
Signed:
City Council Approval: City Clerk Date