HomeMy WebLinkAboutAgenda Report - September 16, 2009 E-03AGENDA ITEM E'0 65
'• CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Authorize City Manager to Execute Agreement, Fith U.S. Department of Justice
Community Oriented Policing Services (COPS) to Accept the COPS Hiring
Recovery Program Grant to Fund Four Entry -Level Police Officer Positions for
Three Years ($1,430,676)
MEETING DATE:
PREPARED BY:
September 16,2009
Chief of Police
RECOMMENDED ACTION: Authorize the City Manager to execute an agreement with the U.S.
Department of Justice Community Oriented Policing Services
(COPS) to accept the COPS Hiring Recovery Program Grant to fund
four entry-level police officer positions for three years ($1,430,676).
BACKGROUND INFORMATION: On July 28,2009, the US. Department of Justice COPS Office
announced it would award $1 billion in American Recovery and
ReinvestmentAct funding through its COPS Hiring Recovery
Program (CHRP). The CHRP provides funding directly to agencies to hire law-enforcement officers in an
effort to create and preserve nearly 5,000 jobs, while increasing the agencies' community policing
capacity and crime -prevention efforts. Out of nearly 7,300 applications, CHRP grants were awarded to
1,046 law-enforcement agencies, including the City of Lodi. The total award was $8.3 billion, of which
Lodi is receiving $1,430,676.
The City requested funding for six positions that were to remain unfilled in FY 2009/10 because of
budgetary constraints. The grant funds the salary and allowable benefits of four officers at Step "A" pay
scale for a period of three years. Reimbursement occurs quarterly.
Accepting the grant will benefit our community. There are now seven unfunded sworn positions. The four
additional police officers will allow staff to increase downtown patrol, be more proactive in handling gang
and narcotics issues, focus on repeat offenders, increase public outreach and education and promote
Community Oriented Policing, and enhance existing efforts to address problematic areas.
This is a good environment to hire police personnel. Lodi expects to be able to hire experienced officers
laid off from other agencies.
Accepting the grant also requires a commitment from the City to retain all CHRP officer positions with
state and/or local funds for at least 12 months after the federal funding expires, over and above the
number of locally funded positions.
APPROVED:
Blair King, C' anager
Authorize City Manager to Execute Agreement with U.S. Department of Justice Community Oriented
Policing Services (COPS) to Accept the COPS Hiring Recovery Program Grant to Fund Four Entry -Level
Police Officer Positions for Three Years ($1,430,676)
September 16, 2009
Page Two
Other guidelines and restrictions include:
• Funds may not be reallocated to other purposes or refunded as a result of the grant award;
• City must take active and timely steps to fully fund law-enforcement costs already budgeted as
well as fill all locally funded vacancies resulting from attrition during the life of the grant;
• Grant funds may not be used to replace state or local funds;
• Recipients may not reduce their sworn officer budget just to take advantage of the CHRP grant
award;
• Any budget cuts must be for fiscal reasons unrelated to the receipt of the CHRP grant funds;
• Grant recipients may not reduce their locally -funded number of sworn officer positions during
the three-year grant period as a direct result of receiving the CHRP funding to pay for
additional officers;
• Reductions in locally -funded sworn officer positions that occur for reasons unrelated to the
CHRP funding (such as citywide budget cuts), do not violate the supplanting requirement, but
recipients must maintain documentation demonstrating the date(s) and reason(s) for the
budget cuts to prove that they were unrelatedto the receipt of CHRP grant funding in the
event of an audit, monitoring site visit, or other form of grant compliance review.
FISCAL IMPACT: If the City accepts the grant it will incur some expense, based on the salary step
the officers are hired at. The City would also be required to pay annual salary
increases and benefits that are not covered by the grant. The cost estimate for the
City would range between $58,816 and $87,964 for the three-year grant. In order
to reduce the current level of funded sworn positions, the City must provide sound
documentation that the reduction was unrelated to the grant funding.
Cost Estimate based on Salary Benin Step A Benin Step C
Year 1: 4 Officers' Salary and allowable benefits $0 $24,286
Year 2: 4 Officers' Salary (step increase w/benefits) $23,130 $25,502
Year 3: 4 Officers' Salary (step increase w/benefits) $24,286 $26,776
Uniform Allowance, four-year total (not covered by grant) $11.400 11 400
Total Estimated cost to City for 3 -year grant $58,816 $87,964
Possible additional costs not allowable by grant and based on officer qualifications:
• Bachelor's Degree: $150 per month
• Advanced POST Certificate: $150 per month
• Bilingual: $200 per month
• Tuition reimbursement: Up to $2,500 annually
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U. S. Department of Justice
Office of Community Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
By signing the Award Document to accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following
grant terms and conditions:
1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS
statute (42 U.S.C. §. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative requirements for
grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 220 (OMB Circular A-21), 2 C.F.R. Part
230 (OMB Circular A-122) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A-
133 (governing audits); American Recovery and Reinvestment Act (Recovery Act) of 2009, P_I,.11 1-5; representations made in the
COPS Hiring Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, or
circulars
2. The grantee agrees to comply with the Assurances and Certifications forms that were submitted as part of its COPS Hiring Recovery
Program application.
3. The funding under this project is for the payment of approved full-time entry-level sworn officer salaries and fringe benefits over three
years (for a total of 36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after the
award start date. The Financial Clearance Memorandum included in your award packet specifies the costs that the grantee is allowed
to fund with your CHRP award. It will also describe any costs which have been disallowed after review of your proposed budget. The
grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum.
4. CHRP grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would,
in the absence of federal aid, be made available for hiring andlor rehiring full-time career law enforcement officer positions.
5. At the time of grant application, the grantee committed to retaining all CHRP officer positions awarded with state andlor local funds
for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of
locally -funded positions that would have existed in the absence of the grant. You cannot satisfy the retention requirement by using
CHRP positions to fill vacancies from attrition.
6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such
extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted
no -cost extensions. Reasonable justifications may include delays in hiring COPS -funded positions, officer turnover, or other
circumstances that interrupt the 36 -month grant funding period. An extension allows the grantee to compensate for such delays by
providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received
prior to the end date of the award, as extension requests received alter an award has expired will be approved only under very limited
circumstances.
7. During the CHRP grant award period, it may become necessary for an agency to modify its CHRP grant award due to changes in an
agency's fiscal or law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an
agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce
the total number of positions awarded. Grant modifications under CHRP are evaluated on a case-by-case basis. All modification
requests must be approved, in writing, by the COPS Office prior to their implementation. hi addition, please be aware that the COPS
Office will not approve any modification request that results in an increase of federal funds.
8. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program. The grantee agrees
to cooperate with the monitors and evaluators.
9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and
quarterly financial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested
reports in a timely manner.
10. The COPS Office performs various functions to ensure compliance with all grant requirements, to assess the implementation of
community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine
during the grant period and may occur up to three years following the official closure of the grant award. These functions, and others,
often require the production of grant -related documentation and other materials. As a COPS CHRP grantee, you agree to cooperate
with any such requests for information.
11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment
Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Office for
Civil Rights website at www.ofv.usdoi.vovlabouilocrleeop.htm.
12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment
Eligibility Verification Form (I.9)_ This form is to be used by recipients of federal funds to verify that persons are eligible to work in
the United States.
13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage in
community policing activities. Community policing activities to be initiated or enhanced by the grantee were identified and
described in your CHRP grant application, with reference to each of the following elements of community policing: a) community
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U. S. Department of Justice
Office of Community Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
partnerships and support; b) related governmental and community initiatives that complement the grantee's proposed use of CHRP
funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitmentto community policing.
14. Grantees that provide law enforcement services to anotherjurisdiction through a contract must ensure that officers funded under this
CHRP grant do not seryice the otherjurisdiction, but will only be involved in activities or perform services that exclusively benefit the
grantee's own jurisdiction. Grantees cannot use CHRP funds to pay for a contract to receive Iaw enforcement services from another
agency.
15, False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating
in federal grants or contracts, and/or any otherremedy available by law.
16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act
(Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of
Recovery Act funds:
(A) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing
Subrecioients
(1) To maximize the transparency and accountability of fiords authorized under the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative
Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and OtherNon-Profit Organizations" and 28
C.F.R. 66 "Uniform AdministrativeRequirements for Grants and Agreements for State and Local Governments," the recipient agrees
to maintain records that identify adequatelythe source and application of Recovery Act funds.
(2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Ictal
Governments, and Non -Profit Organizations," the 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
CircularA-133. This shall be accomplished by identifying expendituresfor 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 inclusion of the prefix "ARRA-" in
identif dtigthe name of the federal program on the SEFA and as the first characters in Item 9d of Flirt 111 on the SF -SAC.
(3) The recipient agrees to separately identify to each sub -recipient (if any) and document at the time of suh-award and at the time of
disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards
Recovery Act funds for an existing program, the information furnished to sub -recipients shall distinguish the sub -awards of
incremental Recovery Act funds from regular sub -awards under the existing program.
(4) The recipient agrees to require their sub -recipients (if any) to include on their SEFA information to specifically identify Recovery
Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to
properly monitor sub -recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Otlice of the
Inspector General and Government Accountability Otlice.
(B) Reciuient Reports and Central ContractorRegistration
(I) The recipient agrees to complete projects or activities which am funded under the Recovery Act and to report on use of Recovery
Act fundsprovided through this award. Information from these reports will be made availableto the public.
(2) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award
funded in whole or in part by the Recovery Act.
(3) The recipient and their first-tier recipients (if any) must maintain current registrations in the Central Contractor Registration
(www. ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (www. dnb. com) is one of the requiremeots for registration in the Central Contractor
Registration.
(4) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and
data elements that will be provided online at www.FederalReport!ng.gov and ensure that any information that is pre -filled is corrected
or updated as needed.
(C) Data Elements of Reciuient Reports
In accordance with section 1512(c) of the Recovery Act, the recipient agrees that not later than 10 days after the end of each calendar
quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains —
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including —
(a) the name of the project or activity;
(b) a description of the project or activity;
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U. S. Department of Justice
Office cE Community Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
(c) an evaluation of the completion status of the project or activity;
(d) an estimate of the number ofobs created and the number ofobs retained by the project or activity; and
(e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for
funding the infrastructure investmentwith funds made available under this Act, and name of the person to contact at the agency if
there are concerns with the infrastructure investment.
(4) Detailed information on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to
comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting
on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.
These reports are in addition to other financial and programmatic reports required by the COPS Office.
(D) Access to Records and Interviews
The recipient agrees that the Department of Justice (DOJ) and its representatives (including COPS and the Office of the Inspector
General (OIG)) and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including,
but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees that DOJ and the GAO
are authorized to interview any officer or employee of the recipient regarding transactions related to this Recovery Act award.
(E) Reporting Potential Fraud. Lam. and Abuse. and Similar Misconduct
The recipient agrms to promptly refer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee,
agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed
a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
Recovery Act funds. The OIG may he contacted at OIG.hotli.nenusd_oj gcv, rvwvi.usdoj,gov/oig/FOIA/hotline.htm, and
800.869.4499.
(F) Protectina State and Local Government and Contractor Whistleblowen
The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non-federal employers (state
and local governments or private contractors) who disclose information to federal officials reasonably believed to he evidence of gross
management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to
contracts or grants using Recovery Act funds.
(G) Separate 'cracking and Reporting of Recovery Act Funds and Outcomes
The recipient agrees to maintain accounting systems and records that adequately track account for, and report on all funds from this
Recovery Act award (including officers hired, salaries and fringe benefits paid, and the number ofjobs created andjobs preserved)
separately from all other funds (including other COPS and federal grants awarded for the same or similar purposes).
(H) 4ldditional Requirements and Guidance
The rec Cimt to comply with any modifications or additional requirements that may he imposed by law and future COPS
(including government -wide) guidance and clarifications of Recovery Act requirements.
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