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HomeMy WebLinkAboutD-1 Staff Report - Public Hearing JAG 2019PUBLIC HEARING/SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKE BERTELSEN, POLICE CAPTAIN DATE: AUGUST 19, 2019 SUBJECT: JUSTICE ASSISTANCE GRANT (JAG) PRE-APPLICATION SUMMARY: The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance, offers funding to local, state, and tribal efforts under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Police Department is submitting the attached grant application seeking $11,594 from the 2019 JAG program. It is anticipated that the funds from this grant will be utilized to purchase ten (10) desktop computers and hard drives. This action holds a public hearing for the purpose of taking public testimony before accepting the FY 2019/ Edward Byrne Memorial Justice Assistance Grant funding and approving the expenditure recommendations. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Open the Public Hearing, receive public testimony regarding, close the Public Hearing; and 2)Authorize the City Manager to submit a grant application to the U.S. Department of Justice for the purchase of specified equipment; and 3)Authorize the City Manager and Mayor to execute all contracts, reports, and other documents required for receiving such funds pursuant to the terms and conditions of the U.S. Department of Justice. DISCUSSION: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information APPROVED CITY COUNCIL 8/19/2019 2019 Justice Assistance Grant (JAG) Application August 19, 2019 Page 2 sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The Azusa Police Department is eligible to receive funds from the JAG program. A copy of the grant application is attached and the total award amount is $11,594. Additional certifications will be completed and submitted prior to award acceptance. The grant funds may be spent over a two-year period and the City will serve as the fiscal agent on this grant. The Police Department will submit proper documentation consistent with established purchasing requirements. The grant application and supporting documents were prepared by Crime Analyst Cynthia Haebe. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Mike Bertelsen Sergio Gonzalez Police Captain City Manager Attachment(s): 1) JAG Grant Application APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION Application Construction Preapplication Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5.APPLICANT INFORMATION Legal Name CITY OF AZUSA Organizational Unit POLICE DEPARTMENT Address 725 N ALAMEDA AVENUE AZUSA, California 91702-2514 Name and telephone number of the person to be contacted on matters involving this application HAEBE, CYNTHIA (714) 225-4926 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 95-6000674 7. TYPE OF APPLICANT Municipal 8. TYPE OF APPLICATION New 9. NAME OF FEDERAL AGENCY Bureau of Justice Assistance 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT The Purchase of New Desktop Computers and Hard Drives. 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 16.738 CFDA TITLE: Edward Byrne Memorial Justice Assistance Grant Program 12. AREAS AFFECTED BY PROJECT Police Department City of Azusa Residents 13. PROPOSED PROJECT Start Date: November 01, 2019 End Date: May 31, 2020 14. CONGRESSIONAL DISTRICTS OF a. Applicant b. Project CA32 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? This preapplication/application was made available to the state executive order 12372 process for review on 08/11/2019 Federal $11,594 Applicant $0 State $0 Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 1 of 2 8/11/2019, 3:26 PM DEBT? NTOTAL $11,594 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 2 of 2 8/11/2019, 3:26 PM ABSTRACT ORGANIZATION NAME: CITY of AZUSA PROJECT TITLE: PURCHASE OF DESKTOP COMPUTERS & HARD DRIVES GOALS OF THE PROJECT: To replace computers that are well beyond their life expectancy and to enhance the quality and portability of evidence by purchasing external hard drives. DESCRIPTION OF THE PROJECT: It is imperative in today’s digital world that law enforcement have the necessary tools to report and file cases and to transport evidence. We have identified computers in need of replacement. In addition, Windows 7 will no longer be providing security patches, and the proposed purchase of 10 desktop computers will give us the opportunity to migrate to Windows 10 with the most critical computer workstations. In addition, we plan to purchase external hard drives for the transport and retention of digital evidence. PROJECT IDENTIFIERS: • SYSTEM IMPROVEMENTS • JUSTICE INFORMATION SHARING 1 BUDGET NARRATIVE CITY OF AZUSA The City of Azusa Police Department plans to use the newly appropriated Justice Assistance Grant (JAG) funds toward the purchase of desktop computers and hard drives. QTY ITEM UNIT TOTAL 10 Desktop computers $ 1,054.61 $ 10,546.10 14 External Hard Drives $ 74.84 $ 1,047.87 Statement of Needs: BUDGET CATEGORIES LAW ENFORCEMENT & TASK FORCES Allocated Amount $11,594 Programs 0 Personnel 0 Equipment Purchases and/or Technology Investments $11,594 Training 0 Task Forces (and Seizures) 0 Drug Enforcement 0 Seizures ONLY (does not include Task Forces) 0 Federal Funds $11,594.00 Non-Federal Funds $0 Total $11,594.00 Desktop Computers: Multiple computers have passed their life expectancy and are in need of replacement. For purposes of this grant pre-application, quotes have been gathered and equipment will be purchased upon release of funds. Goals and Objectives 1. Identify workstations most in need of new computers & hard drives 2. Purchase and install new computers 2 Project Timeline – Computers and Hard drives Within (90) thirty days of funds being awarded, 1) Refresh vendor quotes, submit order for purchase approval. 2) Complete program reports and closeouts OMB APPROVAL NUMBER 1121-0140 EXPIRES 05/31/2019 U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct: (1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a.the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b.the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c.the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a.the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b.the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c.the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d.on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a.it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b.it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (9) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (10) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department?s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Close Window U.S. DEPARTMENT OF JUSTICE CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice ("Department") determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable) the following: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If the Applicant's request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's) instructions; and (c) The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier "covered transaction", as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals-- (a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default. B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov), unless such disclosure has already been made. 3. FEDERAL TAXES A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov). B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650: A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will-- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of the employee's conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows: For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382 (c)(5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Close Window DISCLOSURE OF LOBBYING ACTIVITIES The City of Azusa has not engaged in lobbying activities related to the Justice Assistance Grant. DISCLOSURE OF PENDING APPLICATIONS The City of Azusa does not have pending applications submitted within the last 12 months for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation.