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R-10-10-14-9C1 - 10/14/2010RESOLUTION NO. R -10-10-14-9C1 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 $300,000.00 to be used for police equipment, 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 $300,000.00. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City the Grant Award and Special Conditions documents relating to the Department of Justice Congressionally Selected Awards Program grant funds, being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 14th day of October, 2010. ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\ 1005\MUNICIPAL\00204330.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas Department of Justice Office of Justice Programs Office of the Assistant Attomey General Washington, D.C. 2053! September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Mayor McGraw: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 10 Congressionally Selected in the amount of $300,000 for City of Round Rock. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures EXHIBIT ItAII Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Mayor McGraw: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). I) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Reference Grant Number: 2010 -DD -BX -0427 Dear Mayor McGraw: 1 am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $0 Fringe Benefits $0 Travel $0 Equipment $124,811 Supplies $175,189 Construction $0 Contractual $0 Other $0 Total Direct Cost $300,000 Indirect Cost $0 Total Project Cost $300,000 Federal Funds Approved: $300,000 Non -Federal Share: $0 Program Income: $0 Match is not required for this grant program. If you have questions regarding this award, please contact: - Program Questions, Came Booth, Program Manager at (202) 305-7426 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 3 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Round Rock 221 East Main Street Round Rock, TX 78664 4. AWARD NUMBER: 2010 -DD -BX -0427 5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2012 BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2012 6. AWARD DATE 09/08/2010 7. ACTION Initial 1A. GRANTEE IRSNENDOR NO. 746017486 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Law Enforcement Technology and Equipment 10. AMOUNT OF THIS AWARD $ 300,000 11. TOTAL AWARD $ 300,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY10 (BJA - Congressionally Recommended) Pub. L. 111-117 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Laurie Robinson Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alan McGraw Mayor 17. SIGNATURE OF APPROVING OFFICIAL — 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 300000 21. JDIUGT3258 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 3 PROJECT NUMBER 2010 -DD -BX -0427 AWARD DATE 09/08/2010 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-133, Audits of States, 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, Chapter 19. 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 funds. 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 General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline®usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG 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 3 PROJECT NUMBER 2010 -DD -BX -0427 AWARD DATE 09/08/2010 SPECIAL CONDITIONS 8. In accordance with applicable law, the recipient shall not use these funds for any of the following purposes: 1. land acquisition; 2. construction projects; or 3. security enhancements or security equipment to non-govemmental entities that do not engage in law enforcement, law enforcement support, criminal or juvenile justice, or delinquency prevention. 9. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% 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 compensation 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. 12. 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. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for City of Round Rock The Edward Byrne Memorial Discretionary Grants Program helps local communities improve the capacity of local justice systems and provides for national support efforts. Awards under this program will be used to effectively plan, manage, and allocate resources to encourage information sharing to reduce the incidence of crime and drug abuse, to provide responsive law enforcement services to enhance local courts, and to enhance local corrections and offender reentry. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction. (2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2010 -DD -BX -0427 PAGE I OF 1 This project is supported under FYIO (BJA - Congressionally Recommended) Pub. L. 111-117 1. STAFF CONTACT (Name & telephone number) Carrie Booth (202) 305-7426 2. PROJECT DIRECTOR (Name, address & telephone number) Brenda Craytor Administrative Manager 221 East Main Street Round Rock, TX 78665 (512) 218-5500 3a. TITLE OF THE PROGRAM BJA FY 10 Congressionally Selected 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Law Enforcement Technology and Equipment 5. NAME & ADDRESS OF GRANTEE City of Round Rock 221 East Main Street Round Rock, TX 78664 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2010 TO: 09/30/2012 8. BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2012 9. AMOUNT OF AWARD $ 300,000 10. DATE OF AWARD 09/08/2010 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Congressionally Recommended Awards Program, authorized by the Department of Justice Appropriations Act, 2010 (Pub. L. 111-117), helps improve the functioning of the criminal justice system, prevent or combat juvenile delinquency, and/or assist victims of crime (other than compensation). Funds should be used for the projects recommended by Congress, in the amounts specified in the joint explanatory statement incorporated by reference into Pub. L. 111-117, and generally consistent with one or more of the following statutory purposes: improving the functioning of the criminal justice system, preventing or combating juvenile delinquency, or assisting victims of crime (other than compensation). Each of these purposes is framed using language drawn, respectively, from the former Byrne discretionary statute, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act. This project is authorized and funded through a line item in the FY 2010 Congressional Budget and by the joint explanatory statement that is incorporated by reference into the FY2010 Department of Justice Appropriations Act. OJP FORM 4000/2 (REV. 4-88) The Round Rock Police Department will use the FY 2010 Bureau of Justice Assistance Congressionally Recommended Award for partial funding for law enforcement equipment. Purchases will include a command vehicle, electronic control devices, and personal protective gear. The equipment will provide law enforcement with tools to manage large-scale incidents, respond to resistance or aggression, and protect officers responding to incidents in hazardous environments. The department has a critical need for equipment used by officers to fight and prevent crime, including gang and drug-related activities, routine criminal investigations, security surveillance, and large-scale emergency response. NCA/NCF For Finance Dept. Use Only Assigned Account #: GRANT NOTIFICATION FORM ATTACH A COPY OF THE NOTIFICATION FROM GRANTOR Part 1 GRANTOR: Awarded Not Awarded U.S. Dept. of Justice/BJA - JAG Local Solicitation Grant Amount Grant FTEs Grant Match $300,000 0 $0.00 CFDA #: 16.753 GRANT TERM DATES: 10/1/2010 thru 9/30/2013 Proposed dates: 10/1/2010 9/30/2011 Part 2 REQUIRED ACCEPTANCE DATE: Brief project description: This Congressionally Selected Award provides funding for the communications devices and satellite equipment on a new command vehicle, as well as funding for electronic control devices and personal protective gear. Department/Division: Police Project Manager: Lt. Ken Evans Phone Number: 218-6656 kevans@round-rock.tx.us PROGRAM BUDGET This is a: Type: New Grant Federal Renewal State ARRA Grant Revision Fedl. Pass -Through Route completed form to: 1)Budget 2)Stacie Carter 3)Cheryl Delaney 4)Ric Bowden Other This grant requires cost sharing. cosi Amount: Source: How does this project align with the City's strategic priorities? 30.0 Residents, Visistors, and Businesses continue to experience a high and timely level of public safety and security. NOFA online @: Yes El a No EDI The Department will request funding from the General Fund to continue the program when grant funding ends. This is a pilot or demonstration program. There may be a need for a follow-up grant or supplemental funding from the General Fund for the follow-up program. Is this project necessary to maintain ISO ratings or accreditation? Was this project included in last year's Operating Budget? Was funding for this project reduced or eliminated as part of the 3% budget reduction? This grant is part of a larger project with multiple sources of funding. Discuss: Relies on a 5295,000 UASI award tor the new Command Vehicle. I DEM is expected to issue a NOFA in Oct/Nov. PD estimates the cost of the vehicle is $420,000. The UASI grant plus the $116,341 from this award total $411,341, for an apparent shortfall of $8,659. D This project requires collaboration between multiple Departments. Discuss: Requires collaboration with the Emergency Operations Coodinator. This project will require subcontract(s) or consultant(s). Discuss: CI This project will require additional training not funded by the grant. Discuss: Est. $1,500/yr. Train -the -trainer program for 85 officers issued the Electronic Control Devices (Tasers). El This project requires travel not funded by the grant. Discuss: Identify the source and amount: Source DI This project will require new equipment not funded by the grant. Source: Amount Total Discuss: This project requires special licensing/certifications. Discuss: Identify the source: Amount: Discuss: The grant is supplying equipment rather than funding. Discuss: This equipment will require an extended warranty or service agreement. Discuss: Sophisticated electronics on the Command Vehicle will likely require warranties and service agreements. The life -cycle for this equipment is Tess than 3 years. Discuss: The funder has an ownership interest in the equipment. Discuss: Does the Department already own this equipment or similar equipment? If so, describe the need for new/additional equipment: Identify the vendor(s) that provided pricing for the equipment: 1 Name: GT Distributors 2 Name: Coleman Technologies, Inc. 3 Name: TSI 4 Name: Simmons Contact: Peter Hernandez 451-8298 Contact: Felix Bautista fbautista@ctiusa.com Contact: Dave Thomas 713-461-6030 Contact: 816-347-8017 www.SimmonsLE.com COMMENTS/APPROVALS - ��Yrtl�'Ar A4IYrYlf i.:}IrYll{;'.+Ytl�AI(YlRali:lq l',.�Y ^Yi:"• p�.�:.l�l-iYfie). .,pF: '.' il'. 41�PA�OI Y.�A(YE err YlrfAr. .. :,YY: ,: i:YIY�RY�YZY : 7•. iii Irl: �nni11711fi��Y'`:b%� r. YI:14(ar,, L ,' , .. '.4A ;W419 416. �.`i '' 11'41: `i `v" ;ofi1•Jb fjo Lt,;,;,•r im,,,Alo! rI p,i:4!0]..y1v�jJiAA;;7i'1:; .,,Ir:iF ,d•.rbFa73�E aYC.i€�st'1Ci�i1:'. • 1. C1IAIAAt:�,ri,l�iPloriii:,. lg[Y,11Ai.'.>v� �i y✓Irl l ; k:Il�:1Y1r Y,Ri•Yf:119r•IY �Idl:'.;J{ i1; ii{j:IAM-'i'J il"1;4; :l/i llfY, � �iR(.r: "ial 1'�� Y�1i)i[Y [ :''iI i ( `aaalil .; ([.�ab,���j�•lel�-tn�-(o iii A:1f"!k' .leo iinY: a it �1 �.�� 'YIdC BI �IAf � AIf7i:1 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. *9C1. City Council Agenda Summary Sheet Agenda Caption: Consider a resolution authorizing the Mayor to accept and execute "Grant Award" and "Special Conditions" documents relating to DOJ Congressionally Selected Awards Program grant funds for police equipment. Meeting Date: October 14, 2010 Department: Police Staff Person making presentation: Bryan Williams Chief of Police Item Summary: The item is the acceptance of a $300,000 congressionally Selected Award from the U.S. Department of Justice Edward R. Byrne Memorial Justice Assistance Grant Program will provide partial funding for a Command Vehicle, as well as funding for electronic control devices and personal protective gear to manage Targe -scale incidents, respond to resistance or aggression, and protect officers responding to incidents in hazardous environments. Council approved the application's submission this summer. Strategic Plan Relevance: Goal 30.0 Residents, Visitors, and Businesses continue to experience a high and timely level of public safety and security. Cost: $300,000 Source of Funds: U.S. Department of Justice Edward R. Byrne Memorial Justice Assistance Grant Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for City of Round Rock The Edward Byrne Memorial Discretionary Grants Program helps local communities improve the capacity of local justice systems and provides for national support efforts. Awards under this program will be used to effectively plan, manage, and allocate resources to encourage information sharing to reduce the incidence of crime and drug abuse, to provide responsive law enforcement services to enhance local courts, and to enhance local corrections and offender reentry. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction. (2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2010 -DD -BX -0427 PAGE 1 OF 1 This project is supported under FY10 (BJA - Congressionally Recommended) Pub. L. 111-117 1. STAFF CONTACT (Name & telephone number) Carrie Booth (202) 305-7426 2. PROJECT DIRECTOR (Name, address & telephone number) Brenda Craytor Administrative Manager 221 East Main Street Round Rock, TX 78665 (512) 218-5500 3a. TITLE OF THE PROGRAM BJA FY 10 Congressionally Selected 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Law Enforcement Technology and Equipment 5. NAME & ADDRESS OF GRANTEE City of Round Rock 221 East Main Street Round Rock, TX 78664 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2010 TO: 09/30/2012 8. BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2012 9. AMOUNT OF AWARD $ 300,000 10. DATE OF AWARD 09/08/2010 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Congressionally Recommended Awards Program, authorized by the Department of Justice Appropriations Act, 2010 (Pub. L. 111-117), helps improve the functioning of the criminal justice system, prevent or combat juvenile delinquency, and/or assist victims of crime (other than compensation). Funds should be used for the projects recommended by Congress, in the amounts specified in the joint explanatory statement incorporated by reference into Pub. L. 111-117, and generally consistent with one or more of the following statutory purposes: improving the functioning of the criminal justice system, preventing or combating juvenile delinquency, or assisting victims of crime (other than compensation). Each of these purposes is framed using language drawn, respectively, from the former Byrne discretionary statute, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act. This project is authorized and funded through a line item in the FY 2010 Congressional Budget and by the joint explanatory statement that is incorporated by reference into the FY2010 Department of Justice Appropriations Act. The Round Rock Police Department will use the FY 2010 Bureau of Justice Assistance Congressionally Recommended Award for partial funding for law enforcement equipment. Purchases will include a command vehicle, electronic control devices, and personal protective gear. The equipment will provide law enforcement with tools to manage large-scale incidents, respond to resistance or aggression, and protect officers responding to incidents in hazardous environments. The department has a critical need for equipment used by officers to fight and prevent crime, including gang and drug-related activities, routine criminal investigations, security surveillance, and large-scale emergency response. NCA/NCF Department of Justice Office of Justice Programs Office of the Assistant Attomey General Washington. D.C. 20531 September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Mayor McGraw: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 10 Congressionally Selected in the amount of $300,000 for City of Round Rock. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Mayor McGraw: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department ofJustice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department ofJustice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst September 8, 2010 The Honorable Alan McGraw City of Round Rock 221 East Main Street Round Rock, TX 78664 Reference Grant Number: 2010 -DD -BX -0427 Dear Mayor McGraw: Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $0 Fringe Benefits $0 Travel $0 Equipment $124,811 Supplies $175,189 Construction $0 Contractual $0 Other $0 Total Direct Cost $300,000 Indirect Cost $0 Total Project Cost $300,000 Federal Funds Approved: $300,000 Non -Federal Share: $0 Program Income: $0 Match is not required for this grant program. If you have questions regarding this award, please contact: - Program Questions, Came Booth, Program Manager at (202) 305-7426 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer Department of Justice Office of Justice Programs %` r Bureau of Justice Assistance Grant PAGE I OF 3 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Round Rock 221 East Main Street Round Rock, TX 78664 4. AWARD NUMBER: 2010 -DD -BX -0427 5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2012 BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2012 6. AWARD DATE 09/08/2010 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 746017486 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Law Enforcement Technology and Equipment 10. AMOUNT OF THIS AWARD $ 300,000 11. TOTAL AWARD $ 300,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYIO (BJA - Congressionally Recommended) Pub. L. 111-117 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Laurie Robinson Assistant Attomey General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alan McGraw Mayor 17. SIGNATURE OF APPROVING OFFICIAL ‹±N. ,Kg4,11,_-- 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL tom- )(In 19A. DATE ti). 14 •i0 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 300000 21. JDIUGT3258 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 3 PROJECT NUMBER 2010 -DD -BX -0427 AWARD DATE 09/08/2010 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-133, Audits of States, 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, Chapter 19. 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 funds. 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 General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG 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 3 PROJECT NUMBER 2010 -DD -BX -0427 AWARD DATE 09/08/2010 SPECIAL CONDITIONS 8. In accordance with applicable law, the recipient shall not use these funds for any of the following purposes: 1. land acquisition; 2. construction projects; or 3. security enhancements or security equipment to non-governmental entities that do not engage in law enforcement, law enforcement support, criminal or juvenile justice, or delinquency prevention. 9. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% 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 compensation 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. 12. 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. OJP FORM 4000/2 (REV. 4-88)