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2012 Justic Assistance Grant (JAG) Application THE CITY OF 411WA Dubuque***** DUBB E All erica City Masterpiece on the Mississippi 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2012 Justice Assistance Grant (JAG) Approval and Acceptance of Grant Award DATE: July 30, 2012 Chief of Police Mark Dalsing is recommending City Council approval to accept the 2012 Justice Assistance Grant (JAG) award in the amount of $37,320 from the Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions. This grant requires no local match. There are 13 key components: 1. Tactical Response/Negotiator Monitor 2. Tactical Response/Rifle Team Equipment 3. Tactical Response Team Ballistic Shield 4. Tactical Response Vehicle Equipment 5. Tactical Response Team Uniforms 6. Vehicle Flashlights 7. Defensive Tactics/Training Equipment 8. Computer Projectors 9. Community Resource Officers 10.Water Rescue Throw Bags 11.Community Policing Video System 12.Crime Prevention & Safety Materials 13. Handheld Alcohol Breath Testing Devices I concur with the recommendation and respectfully request Mayor and City Council approval. /1711d144 Ift44/ Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police 2 Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE July 12, 2012 SUBJECT 2012 Justice Assistance Grant (JAG) Approval and Acceptance of grant award Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION The purpose of this memorandum is to request City Council approval to accept the 2012 Justice Assistance Grant (JAG) application The grant is for $37,320 and requires no cash match The grant funding period ends September 30, 2015 BACKGROUND For the past years, the police department has participated with the Edward Byrne Memorial Justice Assistance Grant allowing the department to obtain overtime funds, equipment, and suppliesforvarious prevention and enforcement activities Again this year, the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides federal criminal justice funding to state and local jurisdictions JAG funds support all components of the criminal justice system, from multgurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives The purpose of the Edward Byrne Memorial Justice Assistance Grant is to assist local units of government with grant funds for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas Law Enforcement Programs Prosecution and Court Programs Prevention and Education Programs Corrections and Community Corrections Programs Drug Treatment and Enforcement Programs Planning, Evaluation, and Technology Improvement Programs Crime Victim and Witness Programs (other than compensation) DISCUSSION On May 7, 2012, the City Council approved the submission of the Justice Assistance grant application in the amount of $37 320 The Justice Assistance Grant requested operating funds for the following key law enforcement components A) TactrcalResponse /NegotetorMomtor- Providing funds for an external speaker /monitor for the Hostage /Crisis Negotiator "throw" phone for controlled communications during standoffs or other emergency situations B) TactrcalResponse /Rifle Team Equipment - Providing funds for durable belts, holsters, radio pouches, and related gear field pack equipment to the department's Tactical Response Rifle Teams C)Tactical Response Team Ballistic Shield - Providing funds for a hand -held ballistic shield for Tactical Response Team D)Tactical Response Vehicle Equipment- Providing funds for an AC converter for the tactical response vehicle E)Tactical Response Team Uniforms - Providing funding for replacement of worn out uniforms and equipping new members of the departments Tactical Response Team, Rifle Teams, and Mobile Field Force team F)Vehicle Flashlights - Providing funding for replacement of squad car flashlights in marked squad cars, unmarked squad cars, and Patrol based flashlights G)Defensive Tactics /Training Equipment - Provides funding for replacing worn parts of the Redman suit, a padded training and protective gear suit for defensive tactics training H)ComputerProjectors - Provides funding for two computer /laptop projectors for departmental training, crime prevention and community involvement I)CommunityResource Officers - Providing funding for interns to work within the Community Policing division on prevention, research, and non - emergency intervention and support service projects J) WaterRescue Throw Bags - Provides funding for equipping all department vehicles with water - rescue rope "throw bags" K)Community Policing Video Systems - Provides funding for personal video recorders for officers assigned to foot and bicycle patrol L)Crime Prevention & Safety Materials - Provides funding for crime prevention and safety promotional materials M) Handheld Alcohol Breath Testing Devices - Providing funding for field testing breath samples for alcohol detection On July 11, 2012 we received notification the Justice Assistance grant application was approved To accept the award, we are instructed to complete the following as soon as possible 1 Print the Award Document and Special Conditions 2 Sign the Award Document (The Award Document is the page that requires the Mayor's signature, it has a blank spot for "Authorized Recipient Signature ") 3 Initial the bottom right corner of every Special conditions page(s) and 4 Fax BOTH the Award Document and the Special Conditions page(s) to (866) 388-3055 or (202)354-4081 Acceptance documents may also be e- mailed to acceptanceat usdol gov RECOMMENDATION It is recommended we accept the 2012 Justice Assistance Grant in the amount of $37,320, complete the award document noting the special conditions and return to the Bureau of Justice Assistance with the appropriate signature and initials ACTION TO BE TAKEN City Council consideration and approval accepting the 2012 Justice Assistance Grant award in the amount of $37,320 and authorize the signing of the award document and special conditions Prepared by Mark Dalsing cc Jennifer Larson, Budget Director Department of Justice o Office of Justice Programs ,' ,% ' Bureau of Justice Assistance Awncti Grant PAGE 1 OF 6 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Dubuque 13111 and Central Avenues Dubuque, IA 52001 -4837 4. AWARD NUMBER: 2012 -DJ -BX -0507 5. PROJECT PERIOD: FROM 10/01/2011 TO 09/30/2015 BUDGET PERIOD: FROM 10/01/2011 TO 09/30/2015 6. AWARD DATE 07/10/2012 7. ACTION Initial IA. GRANTEE IRSNENDOR NO. 426004596 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE City of-Dubuque 2012 Law Enforcement, Prevention, Preparedness, Investigative and Tactical Repsonse Project 10. AMOUNT OF THIS AWARD $ 37,320 11. TOTAL AWARD $ 37,320 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACI IED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq. 15. METIIOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Roy Buol Mayor 17. SIGNATURE OF APPROVING OFFICIAL ..,. YO '/....y!. 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DPI. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X 13 DJ 80 00 00 37320 21. LDJUGT0427 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 6 PROJECT NUMBER 2012 -DJ -BX -0507 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 1. 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 acceptable Equal Employment Opportunity Plan (if recipient is required 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 OMB Circular A -I33, Audits of Slates, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and 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. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support 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 DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, 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, or similar misconduct involving grant fiords. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OiG by - mail: Office of the Inspector Generat U.S. Department of Justice hrvestigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotline @uusdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ 01G website at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 6 PROJECT NUMBER 2012 -DJ -BX -0507 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http : / /www.ojp.gov /funding/cer.htm (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 he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 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 course 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. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov /fimding/confcost.htm. 11. 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 five most highly compensated executives of the recipient and first -tier subrecipients 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 ofJustice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated 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). 12. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A -110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 6 PROJECT NUMBER 2012 -DJ -BX -0507 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 13. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee 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 activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they arc being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant finds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the 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 prior use or (b) significantly change its size; 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 methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Enviromnental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http: / /www.ojp.usdoj.govBJA /resource /nepa.html, for programs relating to methamphetamine 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. 14. 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 satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOTS Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall confonn to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http:// www .it.ojp.gov /gsp_grantcondition. Grantee shall document planned approaches to infonnation sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. OJP FORM 4000/2 (REV. 4 -88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 6 PROJECT NUMBER 2012 -DJ -BX -0507 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 16. The recipient is required to establish a tnist fund account. (The trust fund may or may not be an interest - bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant fiends in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau ofJustice 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). 17. JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 18. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG finds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 19. Bulletproof vests purchased with JAG funds may be purchased al any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute ofJustice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American -made. The latest NIJ standard information can be found here: http: / /www.nij.gov/ topics /technology/bodyarmor /safety- initiative.htm. 20. The recipient agrees that any information technology system funded or supported by OJP fiends will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 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 with federal funds. 21. The recipient agrees to ensure that the State Inforniation Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate coimnunication 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, go to http: / /www.it.ojp.gov/ default .aspx?area= policyAndPractice &page =1046. 22. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing, "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department ofJustice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department ofJustice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department ofJustice are not perniitted to discriminate in the provision 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 http: / /www. ojp .gov /about/ocr /equal_fbo.11lm. 23. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. OW FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 6 PROJECT NUMBER 2012 -DJ -BX -0507 AWARD DATE 07/10/2012 SPECIAL CONDITIONS 24. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 25. 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, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 26. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal fonds, be made available for law enforcement activities. 27. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https: / /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancelools.org). For more detailed information on 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. 28. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, 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. 29. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail 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. 30. 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 rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.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 liberties /rights, 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.etfli.org). OJP FORM 4000/2 (REV. 4 -88)