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R-10-03-11-10A1 - 3/11/2010RESOLUTION NO. R -10-03-11-10A1 WHEREAS, the City of Round Rock previously submitted a grant application to the Office of Justice Programs Bureau of Justice Assistance, through Edward Byrne Memorial Justice Assistance Grant, and said application has been approved, and WHEREAS, the City Council wishes to accept the grant funds in the amount of $384,856.95 to be used for a Regional Armored Response and Rescue Vehicle, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby accepts the award of funds from the Edward Byrne Memorial Justice Assistance Grant in the amount of $384,856.95, the Grant being described in Exhibit "A", attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this llth day of March, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nts\Q112\1005\MUNICIPAL\o0194997.DOC/ml State of Texas Office of the Governor Criminal Justice Division Rick Perry Governor February 04, 2010 Mr. James Nuse City Manager, City of Round Rock PREVIEW - Round Rock, City of - PREVIEW - 221 East Main Street Round Rock, Texas 78664-5271 Dear Mr. Nuse: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at httns://cidonline.governor.state.tx.us and go to the 'My Home' tab. In the `Project Status' column, locate the application that is in `Pending Acceptance of Award' status. Click on the grant number and proceed to the `Accept Award' tab. From this tab, click on the `Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, (inks, and tools needed to properly administer CJD grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms and instructions on completing and submitting those forms. I hope you continue to fmd the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensure the success of your program. Sincerely, Christopher Burnett Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463-1919 (Voice) / (512) 475-2440 (FAX)/ Dial 7-1-1 For Relay Services EXHIBIT „A» OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: SU -09-A10-22091-01 Program Fund: SU -16.803 Stimulus (2009 ARRA) - Edward Byme Memorial Justice Assistance Gran Grantee Name: PREVIEW - Round Rock, City of - PREVIEW - Project Title: Regional Armored Response and Rescue Vehicle Grant Period: 10/01/2009 - 09/30/2010 Liquidation Date: 12/29/2010 Date Awarded: February 04, 2010 CJD Grant Manager: Scott Hutchinson CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $384,856.95 $0.00 $0.00 $384,856.95 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Govemor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund -Specific Requirement(s): t Rick Perry Governor State of Texas Office of the Governor Criminal Justice Division Memorandum To: CJD Grant Recipients From: Aimee Snoddy, Deputy Director Contact: (512) 463-1919 Re: Grantee Responsibilities Date Awarded: February 04, 2010 Congratulations on your grant award from Govemor Rick Perry's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online at httns//:cidonline.govemor.state.tx.us: Financial Reporting — Financial Status Reports must be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded. Due dates are: April 22 (January -March quarter) July 22 (April -June quarter) October 22 (July -September quarter) January 22 (October -December quarter) The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or electronic transfer. Generated Program Income — Any income generated as a direct result of the grant activities must be reported to CJD through the Financial Status Report and grant adjustment processes. Program income must be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award must be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. Equipment — Equipment purchased with grant funds must be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the fmal Financial Status Report. Fidelity Bond — Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss and/or theft of the entire amount of grant funds, including matching funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees must immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects. This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting — Grantees must submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by CJD, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees must readily make available to CJD or its agents all requested records. CJD may make unannounced monitoring visits at any time. The grantee must make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD. Audit Requirements — Grantees expending over $500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A 133 at http://www.whitehouse.eov/omb/circulars/index.html and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at http://www.aovemor.state.tx.us/grants/what/. Grantees must electronicall submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular No. A-133 at http://www.whitehouse.gov/omb/circulars/index.html or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds must be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose. Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil or criminal penalties. Refer to the Guide to Grants at https://cjdonline.governor.state.tx.us/updates.aspx for additional information on supplanting. Conflict of Interest - Grantees should have in place established safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Contracting and Procurement - Grantees must follow their established policy and best practices for procuring goods or services with grant funds. Contracts must be routinely monitored for delivery of services or goods. When a contractual or equipment procurement is anticipated to be in excess of $100,000, grantees must submit a Procurement Questionnaire https://cidonline.governor.state.tx.us/updates.aspx to CJD for approval prior to procurement. Travel - Grantees must follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in-state and out-of-state travel, grantee must use the travel guidelines established for state employees. Uniform Crime Reporting - Local units of governments receiving funds from CJD must comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency - Grantees must take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found at httn://www.lep.gov. Law Enforcement Programs - Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 28 C.F.R. Part 23 Training - Any grant funded individual responsible for entering information into or retrieving information from an intelligence database must complete continuing education training on operating principles described by 28 C.F.R. Part 23 at least once for each continuous two-year period the person has primary responsibility for entering data into or retrieving data from an intelligence database. Programs Approved to Pay Overtime for Personnel - Overtime is allowable to the extent that it is included in the CJD approved budget. Overtime reimbursements paid by CJD will be based on the following six requirements: (1) For those engaged in law enforcement activities, the officer must work at least 43 hours in a 7 day period to be eligible for overtime (httns://www.dol.gov/dol/allcfr/ESA/Title 29/Part 553/29CFR553.230.htm). In addition, the overtime must: (2) comply with the federal Fair Labor and Standards Act; (3) treat grant paid and non -grant paid personnel and time equally and consistently; (4) not use sick leave, personal leave, vacation leave, compensatory time off, or holidays, as hours worked when calculating eligibility for overtime; (5) be documented on time and activity reports; and (6) be traceable and show a clear calculation in how the overtime was computed. CJD will monitor overtime expenditures based on these requirements. Overtime payments issued outside this policy are the responsibility of the grantee agency. Cancellation for Awards - Grantees must take reasonable steps to commence project activities upon receiving notice of a grant award: Commencement Within 60 Days. If a project is not operational within 60 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must report by letter to CJD the steps taken to initiate the project, the reasons for delay, and the expected revised start date. Commencement Within 90 Days. If a project is not operational within 90 days of the original start date of the award period or grant award date as noted on this memorandum, whichever is later, the grantee must submit a second statement to CJD explaining the implementation delay. Upon receipt of the 90 -day letter, CJD may cancel the project and redistribute the funds to other project areas. CJD may also, where extenuating circumstances warrant, extend the implementation date of the project past the 90 -day period. Public Information Requests - Grantees must immediately notify and provide a copy to CJD of any Public Information Request received by the agency related to this grant award. Prohibited Acts of Agencies and Individuals - Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: • Grant funds may not be used to finance or otherwise support the candidacy of a person for an elected local, state, or federal office. This prohibition extends to the direct or indirect employment of a person to perform an action described by this subsection. In addition, grant -funded or grant -leased motor vehicles may not be used for the purpose described above. • Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. • Grant funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. • Grantees must comply with the federal Hatch Act (5 U.S.C. §§ 1501- 1508) which restricts the political activity of some state and local employees who work in connection with federally funded programs. Covered state and local employees may not: 1) be candidates for public office in a partisan election; 2) use official authority or influence to interfere with or affect the results of an election or nomination; or, 3) directly or indirectly coerce contributions from subordinates in support of a political party or candidate. Employment of a Lobbyist - Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the Govemment Code to register as a lobbyist. Legislative Lobbying - Grant funds may not be used to attempt to influence the passage or defeat of a legislative measure. Use of Alcoholic Beverages - Grant funds may not be used to compensate an officer or employee who uses alcoholic beverages on active duty. In addition, grant funds may not be used to purchase an alcoholic beverage or to pay or reimburse a travel expense that was incurred for an alcoholic beverage. Each nonprofit corporation is also encouraged to create an organizational profile with the OneStar Foundation at http://www.onestarfoundation.orgjpage/org-profile. By completing the Organizational Profile, your organization will be eligible to receive notification of opportunities, such as: • Organizational excellence scholarships to build the capacity of your organization, including organizational assessments, trainings, consulting, conferences and other professional development activities; • Funding announcements and events related to national service and volunteerism; and • Chances to participate in important research on the needs and trends of the social sector and its stakeholders. Rick Perry Governor State of Texas Office of the Governor Criminal Justice Division Memorandum To: CID Grant Recipients of American Recovery and Reinvestment Act (Recovery Act) of 2009 Funds From: Aimee Snoddy, Deputy Director Contact: (512) 463-1919 Re: Additional Recovery Act Conditions of Funding Date Awarded: February 04, 2010 Acceptance of your grant includes your acknowledgement and understanding that you will comply with the following conditions of funding that are in addition to the requirements outlined in your grant award packet: Financial Reporting and Job Reporting - In order for CJD to meet federal reporting requirements under the Recovery Act, sub -recipients are required to comply with the following items: • Financial Status Reports MUST BE SUBMTTED MONTHLY throush eGrants and are due no later than the 5th calendar day of the followine month. • Personnel expenditures must include the total cumulative hours worked by each grant -funded position from the grant start date through the Financial Status Report period. Note: This includes cumulative hours for any overtime expenses paid with grant funds. • The final Financial Status Report must be submitted to CJD on or before the grant liquidation date or funds will lapse. ***IMPORTANT NOTE*** This condition of funding REPLACES the Financial Reporting condition as stated in the Grantee Responsibilities Memo issued with your standard grant award packet. Grantees who do not submit required reports by the 5th calendar day following the close of each month will be placed on Vendor Hold. The hold will prohibit your agency's ability to request reimbursement on any grant your agency has received from CJD, including non -Recovery Act grants. Conflict with Other Standard Terms and Conditions - The sub -recipient understands and agrees that all other terms and conditions contained in this award, in CJD grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Access to Records - The sub -recipient understands and agrees that all inspector general, intemal auditors, extemal contracted auditors, and all other personnel shall cooperate with any and all requests by State and Federal officials related to funds received or services delivered under the Recovery Act; and, shall make available to State and Federal officials all records for examination (including, but not limited to, books, papers, contracts, purchase orders, invoices, accounting records, general ledgers, timesheets and any other grant documents) related to Recovery Act funding, including such records of contractors and sub -contractors. Access to Premises and Personnel - The sub -recipient understands and agrees that State or Federal officials from the U.S. Department of Justice, U.S. Government Accountability Office, and Texas Office of the Governor are authorized to interview any officer or employee of the sub -recipient (or of any contractor, or sub -contractor) regarding transactions related to this Recovery Act award. One -Time Funding - The sub -recipient understands and agrees that awards under the Recovery Act are one-time awards and that its proposed project activities and deliverables are to be accomplished without additional grant funds. Separate Tracking and Reporting of Recovery Act Funds and Outcomes - The sub -recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including CJD awards from non -Recovery Act funds awarded for the same or similar purposes or programs. Accordingly, the sub -recipient's accounting systems must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The sub -recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award -related activities. Subawards or Contracts - Monitoring - The sub -recipient agrees to monitor subawards or contracts under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The sub -recipient is responsible for oversight of subaward or contract spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subawardees or contractors. The sub -recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards or contracts under this award. Active CCR Registration - The sub -recipient agrees to maintain current registration in the Central Contractor Registration database (www.ccr.gov <http://www.ccr.gov>) during which time it has active awards funded with Recovery Act funds. A valid Dun and Bradstreet Data Universal Number System (DUNS) Number (www.dnb.com <httv://www.dnb.com>) is one of the requirements for registration in the Central Contractor Registration database. Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards - The sub -recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection form (SF -SAC) required by OMB Circular A-133. This condition only applies if the sub -recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and the inclusion of the prefix "ARRA-"in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. This information is needed to allow CJD to properly monitor the expenditure of Recovery Act funds as well as facilitate oversight of the Federal awarding agencies, the U.S. Department of Justice, Office of the Inspector General (DOJ OIG), and the Government Accountability Office (GAO). Reporting and Registration Requirements Under Section 1512 of the Recovery Act - The sub -recipient agrees to complete projects or activities funded under the Recovery Act and to report on the use of Recovery Act funds as required by state and federal agencies. The sub -recipient agrees to comply with reporting requirements described in section 1512 of the Recovery Act using the reporting instructions and data elements provided by CJD. The sub -recipient understands and acknowledges that the information in these reports will be made available to the public. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct - The sub -recipient agrees to promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, sub -recipient, subcontractor, or other person has either 1) submitted a false claim for Recovery Act 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 Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the DOJ OIG by mail at Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W., Room 4706, Washington, DC 20530; or e-mail at oig.hotline n usdoj.gov <mailto:oig.hotlineausdoi.gov>; or hotline at 800/869-4499 (contact information in English and Spanish); or hotline fax at (202) 616-9881. The sub -recipient agrees to provide its employees, contractors and sub -contractors with the information contained in this condition. Additional information is available from the DOJ OIG website at www.usdoi.gov/oig <http://www.usdoj.gov/oig>. Protecting State and Local Government and Contractor Whistleblowers - The sub -recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non -Federal employers who disclose information reasonably believed to be evidence of gross mismanagement, gross waste, a substantial and specific danger to public health or safety, abuse of authority, or violations of law related to the use of Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of the Recovery Act is available at www.oip.usdoi.gov/recovery <http://www.oip.usdoj.gov/recovery>. Limit on Funds (Recovery Act, section 1604) - The sub -recipient agrees that none of the funds under this award may be used for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Infrastructure Investment (Recovery Act, section 1511 and 1602) - The sub -recipient agrees that it will not use any funds made available under this Recovery Act award for infrastructure investment. Wage Rate Requirements under section 1606 of the Recovery Act - The sub -recipient agrees that it will comply with section 1606 of the Recovery Act which requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through Recovery Act funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Misuse of Award Funds - The sub -recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from state or federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Additional Requirements and Guidance - The sub -recipient agrees that it will use Recovery Act funds in accordance with State and Federal laws; and, agrees to comply with any modifications or additional requirements that may be imposed by law and future State or Federal guidance and clarification of Recovery Act requirements. ARRA Funded Jobs - The sub -recipient understands that it is encouraged to post all Recovery Act funded job openings on WorkInTexas.com and distinguish Recovery Act funded positions from positions funded through other sources of revenue. DATE: March 4, 2010 SUBJECT: City Council Meeting — March 11, 2010 ITEM: 10A1. Consider a resolution accepting a Grant Award of $384,000 from the Edward Byrne Memorial Justice Grant Program. Department: Staff Person: Justification: Police Brad Bradford, Emergency Management Coordinator These funds will be used to purchase a Ballistic Engineered Armored Response and Rescue Vehicle (BEAR). This asset will benefit the City of Round Rock and all CAPCOG jurisdictions by providing an increased law-enforcement response capability, heightened safety level for tactical responders, and an increased evacuation capability. The vehicle will also be available to provide safe transport for Hazardous Materials Response Team and EMS personnel in applicable scenarios. Strategic Plan Relevance: SAFETY AND SECURITY Goal 30.0: Residents, Visitors and Businesses continue to experience a high and timely level of public safety and security. This also supports Police Department's Strategic Plan - Goal 2: Plan For And Adapt To Change. Strategy B states that we will actively plan the Department's response to major incidents. This vehicle has the ability to perform as a rescue truck in response to local and regional disasters, and assist in bomb squad and counter -drug activities. Funding: Cost: Award Amount $384,856.95 Source of funds: General Funds Outside Resources (if applicable): N/A Public Comment (if applicable): N/A