HomeMy WebLinkAboutAgenda Report - September 19, 2012 C-08AGENDA ITEM C*v W
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement and Approve
Proposed Expenditure Program for Lodi's Share of the 2012 Edward Byrne
Memorial Justice Assistance Grant ($19,483)
MEETING DATE:
PREPARED BY:
September 19,2012
Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing city managerto execute agreement
and approve proposed expenditure program for Lodi's share of the
2012 Edward Byrne Memorial Justice Assistance Grant ($19,483).
BACKGROUND INFORMATION: The Edward Byrne Memorial Justice Assistance Grant (JAG)
Program provides funding for states and local governments to
support a broad range of activities to prevent and control crime and
to improve the criminal justice system. The 2012 JAG replaces the Byrne Formula and Local Law
Enforcement Block Grant (LLEBG) programs with a single funding mechanism that simplifies the
administration process for grantees.
JAG funds are allocated based on a community's population and crime statistics, in combination with a
minimum allocation to ensure that each state and territory receives an appropriate share. The grant
application and requirements were met prior to the July 14, 2011 deadline. The grant process requires
the City Council to authorize the acceptance of funds and approve the proposed expenditures for the City
of Lodi.
It is proposed that the funding be used to support technology and equipment:
• Mobile computers and technology upgrades $10,000
• Safety equipment $ 5,000
• Department information systems licensing $ 4,483
$19,483
FISCAL IMPACT:
FUNDING AVAILABLE:
MAH/JB/pit
Acceptance of these grant funds assists the department in meeting its
technology and safety equipment needs without using General Fund
revenues.
Appropriations and estimated revenues for this grant funding have been
included in the 2012/13 adopted budget.
APPROVED:
, City Manager
Department of Justice
Office of Justice Pmgmms
��-
Bureau of Justice Assistance
Grant
PAGE I OF 7
1. RECIPIENTNAME AND ADDRESS (Including Zip Code)
j 4.-AWARDNUMBER; 2012•1)1•BX-0876
'City ofLodi
22t West Pine Stmt
5. PROJECT PERIOD; FROM 10/01/2011 TO 09/301201?
Lod1, CA 95241-1910
.
BUDGETPERIOD FRCM 10/01/2011 TO 09/30/20IJ
f6A,VVAMMM IORIWM14
S. SUPPLEMENT NUMBER
7. ACTIO!
Initial
1 A, GRANTEEM,VnNDO R N0.
94600036I
00
9. PREVIOUS AWARD AMOUNT A
7. PROJECT TITLE
10. AMOUNT OF THIS AWARD $19, 4d3
PY 2012Justlse Assistance Grant Program
11, TOTAL AWARD $19,485 '
12..SPECL4L CONDITION'S
Tli:E ABOVE GRANT PROJECT IS APPROVED SU8 JECT, TO SUCH CONDITIONS OR LIMITATIONS AS ARB SET FORTH
ONTHEATTACHED PAGR(8),
13, STATUTORY AUTHORITY FOR GRANT
This project is supported ucdaz FYJ2(BJA � JAG) 42 USC 3750,
ja X ETHOD OF PAYMENT
CPRS
AGENCYAPPROVAL -- GRANTEE ACCEPTANCE
16. TYPEDNAME AND TITLE OFAPPROVING OFFICIAL.
18. TYPRD NAMT3 ANDTITLEOF AUTHORIZED'GRANTEE OFFICIAL
Denise O'Donaat[
Komadt Settlam
Director
City Manager
17. SIGNATURE OF APPROVINGOFFICIAL
19310)IIRS OFAUTHORIZED F4=PIE ff OFFICfAL 19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21. LDRJOT0795
FISCAL FUND BUD. DIV,
YEAR CODE ACT OPG RUG, SUB. POMS AMOUNT
X B DI 80 00 00 19483
{
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDTPIONS ARE OBSOLETE.
Department of Justice
t of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF 7
PROJECT NUMBER 2012 -DJ -BX -0876 AWARDDATE 07/16/2012 1
SPECIAL CONDITIONS . .
1. The recipient agrees to comply with the financial and administrativerequirements set forth in the current editionof the
Office of Justice P==mts (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit al acceptableEqual EmploymentOpportunity Plan (if recipient is
required to submitone pursuant to 28 C.F.R. Section42.302), that is approved by the Ctffio6s Civil Rights, is a
violation of its CertifiedAssuranee and,inay result in suspensionor terminationof fuuding, until such time as the
recipient is m compliance.
3. The recipient agrees to complymilh the organizational dltrequirements.of OMB Circular A-133, Audits of states,
IocalGovernments,andNon-ProfitOrganizations,an erunderstandsandagreesthatfundsmaybewithheld,o�
otherrelatedregtiireaients maybe imposed, if outstandingauditissues (if arty) from OMB Circular A-133 audits (an
any other audits of CUP grant funds) are not satisfactorilyand promptly addressed, as furtherdescribed in the currant
edition of the OJP Financial Guide.
4. Recipientunderstands and agrees that iteannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation orpolicy, at any level of government, without the
al
expresspriorwdttapprovalof0 P.
5. 7he recipientmstpromptly refer to the DOJ OIG any credible evidence that aprincipal, employee, agent, contractor,
subgrantee,, subcontractor,or otherperson has either l) submitted a false claim for grant funds under the False Claims
Aet;. or 2) committed a criminal or civil violation of laws pertamingto fraud, conflict ofinterest, bribery, gratuity, or
similar misconduct involvinggrant funds. This omdidw also applies tD any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to'the OIG by -
mail:
Office of the Inspector General
US, Department of Justice
Investigations'Division .
950PennsylvaniaAvenue, N.W.
Room4706
Washington, DC' 20330
e-mail: oig.hotline@usdoj.gov .
hotline: (contact information in English and Spanish): (800) 869-4499
orhotline fax: (202)616-9881
Additional information is availablefrom the DOJOIG website atwww,usdoj.gov/oig,
6. Recipientunderstands and agreesthat it cannot use arty federal funds, either directly or indirectly, in support'of any ...
contractor sub award to either the Association of CannmityQagrazat:ias forReform 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 grantperformance
period if the agency determines that the recipient is a high jr kgrantee. Cf; 28 CFR puts 66, 70.
Department of Justice
a Office ofJusticeProgmrw AWARD CONTINUATION
g Bureau of Justice Assistance SHEET PAGE 3 of 7
Grant
PROJ'EC't'NUMSER 2012 -A -EX -0876 AWARDDATE 07/16/2012
SPECL4L CONDITIONS,
8. Therecipientagreesto comply v�fthapplicable requirementsregardingCentral Contractor Registration (CCR) and
applicable restrictions on subawardsto first-tiersubrecipients that do not acquire and provide a Data Universal
Numbering System(DUNS) number, The details of recipient obligations are posted on the Office of JusticePrograms
web siteathttp://www.ojp.gov/fanding/c-cr.htrn (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and aro incorporated by reference here. This special condition does not applyto an award to
an individual who received the award as, a natural person (i.e., unrelated to any business or non-profitorganization that
he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing T3ttMessaging 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 ofperfomung work fundedby this
cult, and to.esmblish workplace safety policies and conduct education,aWareness, and other outreach to decrease
crashescausedby distracted drivers.
10. The recipient agrees to complywith all applicable laws,reguldoons, policies, and guidance (including specif d cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds forexpenses
related to conferences, meetings, trak&zp, and other events, including the provision of food and/or' beverages at: such
events, and costs of a'ttendance'at such events. Lnformation on pertinent laws, regulations, policies, and guidance is
available at www,ojp.gov/funding/confoost htm.
11. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income earned must be accountedfor and used for the purposes of funds provided under this award, including
such use being corWstert with the cmditionsof the award, the effective edition of the OJP Financial Guide and, as
applicable,either(1) 28C.F_R. Part 66 or (2) 28 CYA Part 70:and 2-C.F.R. R t215 (OMB CircularA-110). Further,
the use.of program income must be reported on the quarterly Federal Financial Report, SF 425.
Department of Justice
Office of JusticePrograms AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 7
Grant
PRamc N ABER 2012-DJ-BX-0876 AWARD DATE 07/16/2012
SPECIr1L CONDITIONS
12. The grantee agrees to assist BJA in complying with the National EnvironmentalPolicy Act (NEPA), the National
Historic PresermtionAct, and other related federal environmental impact analyses requirementsin the use of these
gav t binds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activitieswill be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activitieswill be fundedby the gam, the grantee agrees to contact BJA.
The grantee understands.that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conductedby the grantee, a
subgrantee, or any third party and the activity deeds to be undertaken in order to use these grant funds, this special
condition must first be met. The activities coveredbythis special'conditionare:
a New construction; .
6. • Minor renovation or remodeling of a property located in an enviroamenta Uy or historically sensitive area, including
properties locatedtdtbina 100-year floodplain, a wetland, or habitat for endangered species, or a property listed on or,
eligible for listing on the 1!l dcrsl Registerof Historic Places;
c. A renovation, lease, or any proposeduse of a building or facility that will either (a) result m a change in its basic
prioruse or (b) significantlychange its sue;
d. Implementationo fa new program involvingthe use of chemicals other than chemicals that are (a) purchased as an
incidental componentof a funded activity and (b) traditionallyused, for example, in office, household, recreational, or
educationenvirortments; and
e. Implementationof aprogram relating to clandestinemethamphetamine laboratory operations, including the
identification,seizure, orclosureof clandestine methamphetamine laboratories.
The grantee uWarst:ands and agreesthat complyingwith NEPA may require the preparation of an Environmental
Assessment and/or an Environmental ImpactStatement, asdiractedbyBJA. The grantee furtherunderstandsand
agrees to the requirements for implementationof a Mitigation Wan, as detailed at
http://www.ojp,usdoj.govBJA/resource/nepa.btml, forprograms relating to methamphetamine laboratory dperations,
Application of This Special Condition to Grantee's Existing PtrograllBorActivities: For any of the grantee's or its
subgrantees' existingprograms.or activities that will be funded by these grant fwds,the grantee, uponspecific request
from BJA. agreesto cooperate with BJA inanypreparationby BJA of anational orprogram environmental assessment
of that funded program or activity.
13. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity betweenjurisdictigns, such systems shall employ, to the extent
possible, existingnetworksas the communication backbone to achieveinteratate connectivity, unless the grantee can
demonstrateto the satisfactionof BJA that this requirementwould not be cost effective or would impair the
functionalityof an existing or proposed IT system. .
14, In order to promote information sharingandenable interoperability amongdisparatesystems across the justice and
public safely corhmunity, OR requires the granteeto complywith DOJ's Global Just ce'Information Sharing Initiative
(DOPs Global) guidelines and recommendations for this particulargrant, Granteeshall Conform to the Global
Standards Package (GSP) and all constituentelements, where applicable, aasdescribed at:
http:/Aw w.it.ojp.gw/gsp .. . Grantee shall documentplatuted approaches to information sharing and
describe comphi nce'to t e GSP and appropriate privacy policy that protects shared $formation, or provide detailed
justification for why an alternative approaches recommended.
OJP FORM 40M (RBV. 4-88)'
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECrNUMBER 2012 -D7 -BX -0876 AWARD DATE 07/1&2012
PAGE 5 OF 7
SPECLIL CONDMONS
15. The reoipient i$ requiredto establish, a trust fund account. (The trust fund may ormay notbe an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurredby other.activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (includingany interest earned) during the period of the grant. Grant f urrls
(including any interest earned) not expendedby the end of the grantperiodmust be retumedto the Bureau of Justice
Assistance no later than 90 days after the end of the grantperiod, alongwith the final submission of the Federal
Financial Report (SF,425) .
1& JAG furdsmay be used topurchase bulletproof vests for an agency, but may not be used as the 500/6 mafoh for
purposes of the Bulletproof Vest Partnership (BVP) program.
17. The recivient acffees to submitasigned certification that that all law enforcement agenciesreceiving vests purqhased
with JAG funds ave a writben "mandatory wear" policy in effect. E9soa1 agents ancT state agencies must keep signed.
certificationson file for any subrecipientsplanningto utilize JAG finds for bulletproof vest purchases. This policy
must be in place for at least all uniformed officers before any FY 2012 JAG funding canbe used by the agency Cor
bulletproof vests. Then: are'no requirements regarding thenature of the policy other than it being a mandatory wear
policy for all uniformed officers while on duty.
I& Bulletproof vests purchased with JAG funds maybe purchased at any threat level, make or model, from any distributor
ormanufacturer, as long as the vests havebeen tested and foundto complytdth applicable National Institute of Justice
ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made.The latest
NU standard information can be foundhere: bttp://www,nij,gov/topios/technology/body-armor/safety-iniaative.httn:
I9. The recipient agrees that any information technology system funded or supportedby OJP ftuidswill comply with 28
C.F.L 1rt23, Criminal Intelligence Systems Operating Policies, ifOJP determines this 'regulation to:be applicable.
Should OJP determine 28 C.F,R. Ekt 23 to be. applicable, OJPmay, at its discretion, perform audits of the sysben,as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient maybe fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
20. The recipient agrees to ensure that the State InfortnationTechnologyPoint of Contactreceives written notification
regarding any informationtechnology project funded by this grant during the obligation and expenditureperiod. This is
to.faCilitate communication among local and state governmentalenthi es. regarding various informationtechnolo
projects being conduced with these grant funds. In addition, the recipient agrees to maintain an administrativenRy
documenting the meeting of this requirement For a list of State InformationTechnologylbdrttsof Contact, 9& to
h*://www.it.ojp.gov/defaultaspx?area=policyAndPmetic6&page=1046.
21. ' The grantee agrees, to comply with the applicable requirements. of 28 C.F.R. Part 3.8, the Department of Justice
regulation governing "EqualTreatmentfor Faith Based Organizations" (the "Equal TreatmentRegulation"). The Equal
Treatment Pagulationprovides in partthat Departmentof Justice grant awards of direct'fundingmay not be used to'
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grantsmay still engage in inherently religious activities,but such activities mist- be separate intime or place from the
Departmentof Justice fundedprogram, and participation in such activities by individuals receiving services fromthe
grantee or asub-granteernust be volpnWry. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate -in the provision'
of seMoes on the basis of abeneficiary"religion. Notwithstanding any, other special condition oftbis award,. faith -
based organizations may, in some circumstances, eorisider religion as a basis for employment. See
http://www.ojp.gov/aboWocT/e#LiIft.htm..
22.. The reclpietit aclmowledges that alI programs funded through sub awards, whether at the state or local levels, must
.confotmto.the grant program requirements as stated in BJA program guidance.
Department of Justice
>' Office of JusticePrograms
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT MMBrR 2012 -W -BX -0876 AWARD DATE 07!16!2012
PAGE 6 OF 7
SPECIAL CONDITIONS
23. Grantee agrees to comply with therequirementsof28C.F,R,Part46andallOfficeofJusticeProgramspoliciesand
procedures regarding the protection of human research subjects, includingobtainment of Institutional ReviewBoard
approval, if appropriate, and subj ect informed consent.
24. Grantee agrees to comply with all confidentialityrequirements of 42 U.S.C. section 3789g and 28 C.F.R.Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord vi L requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
25. The. recipient agrees that funds received under f'sawardwill not beused tosupplant State orlocal funds, but will be
usedto increase the amounts of such fiords that would, in "the absence of Federal funds, be made availab le for law
enforcementactivities.
26. AwardrecipientsmustsubmitquaiterlyaFederalFinancialReport,(SF-425) and annual performancereports through
GMS 0ttps://9ants.cjp.ua:bj.g74. Consistentwiththe Department's responsibilitiesunder the Government
Performance and'Results Act (GPRA), P.L. 103-62, applicantswho receive fundingunderd" solicitationmst
provide datathat measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
throughBJA's PerformanceMeasurementTool (PMT) website (�nvw,bjaperfbrmaneetools.org). For more detailed .
information onreportingandotherJAG requirements,referto'theJAGreportingrequirements webpage, Failureto
submit.required JAG reports by"establisbed deadlines may result in the freezing of grant funds and future High Risk
designation.
V. The recipient agrees to rrrrlitrr subawards under this JAG award in accordancewith all applicable statutes,regulatiods,
OMB circulars, and guidelines, includingthe OJP Financial Guide, and to include the applicable conditionsof this . . .
award in any subaward. The recipient is responsible for oversight of subreeipient spending and monitoring of specific
'outcomes and benefits attributableto use of JAG funds by subrecipients, The recipient agrees to submit, upon request,
documentation ofits policies and procedures for monitoring of subawardsunder this award
28.. Award recipients must verify Point of Contact(PO C), Financial Point of Contact (FP0 C), and Authorized
Representativecontact information in GMS, including telephone number and e-mail address. If any informationis
incorrect or has changed, a'Grant AdjustmentNotice (GAN) mustbe submitted via the Grants Mat agement System
(GMS) to document -changes.
29. .Thegrantee agrees that within 120days of award acceptance, each member of a lawenforeoment task force funded
v�ffi these fundswho is a talc force commander, agency executive, task force officer, or other tack force member of
equivalent rank, will completerequiredonline (intemet-based).task force training.Thettraining is provided free of
charge online throughBJA's Centdr for '1a*ForceIntegrity and Leadership (www.etfli:org). AU current'andnow tak
force members are required to complete this lxamingonce during the life o f the award, or once every four years if
multiple awards include this requirement. 21istraining addresses task force effectiveness as well as other keyissues
including privacy and civil liberties/rights, tasicforce performance reastm meat-,personnel.seleotion, and twiforce
oversight and accountability. Additional information is available regarding Uiis required training"alid access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.etfu.org).
30. Recipient understands that the initial period of availability of funds forthisaward istwo years. Recipient further
understands that any requests for additional time forerformance of this award, up to two additional years. will be
grantedsutomatically, pursuant to 42 U.S.C.§ 3751(f) and in accordance with current fiscal year solicitation. Requests
for•addidotiat time beyond a four year grantperiod will be subjectto the discretion of the Director:of the 1%m o1 of
Justice Assistinde,
oJP FORM 400012 (REV. 4-88)
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAQE 7 of
Grant
PROJECMUMBER 2012 -DJ -BX -0876 AWARD DATE 07/16/2012
SPECIAL CONDITIONS .
31. .Recipient may not expend or drawdown fiaxis until the Bureau of Justice Assistance, Office of Justice Programs hes
received documentation demonsh-atingtllat the state or local governing body review and/or community roti ficatirn
requirements have been rmt andhas issued a Grant Adjustment Notice (GAN) releasing this special condition.
Department of Justice
%4`0
CMM of Justice Pr xmm
14ma1 of Justice Assistance
Office of Justice Programs Washington Ar- 20531
July 16,2012
W. Konradt Bardam
City.of Lodi
221 West Pine Street
Lodi, CA 95241-1910
Dew Mr. Bardam:
On behalf of Attorney General Eric Holder. it is my pleasureto inrx= you that the Cly of Justice Programs has approved .
your applicationfor fundinsnider the, BY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
Solicitationiathe arimounto . $19,483 for City of Lodi.
Enclosed you will find the GrantAward and Special Conditionsdocuments. This award is subject to all administrative and
financial requirements, including the timely submissionof all financial andprogrammatio reports, resat icn of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Shouldyou 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 quesfionsregardingthis award, please contaot�
- Program Questions,ZephyrR. Fraser, ProgramManagerat (202) 616-0416;and
- Financial Questions, the•Office of the Chief Financial Officer, Customer ServiceCenter (CSC) at .
(800) 458-0786, or you may omtect the CSC at ask.ocfo@usdoj.gov.
congratulations,and we look fo wardto working with you.
Sincerely,
Denise O'Donnell
Director
Enclosures
Department of Justice
Office ofJusticePrograms
Office for Civil Rights
Washington, D.C. 20531
July 16,2012
Mr. Konradt Bartlam
City ofl odi
221 West Pine Street
Lodi, CA 95241.1410
DaEr Mr. Bartlam:
Congratulationson your recent award In establishing financial assistanceprograms,Congress linked the receipt of Federal fundingto
compliancewith Federal civil rights laws. The Office for Civil Rights(OCR); Officeof Justice Programs (OJP), U.S.Depariment of•Justice
is responsible for ensuringthat reeipients.of 6nant W aid f=OJP, its componentoftices and bureaus, the Office on Violence Against
Women (OVW), W), and the tgice of Communityt]aebs3 Policing Services (COPS) comply with applicable Federal civil rights statutes and .
regulations. We at'OCR are availableto help you and your organisation meet the civil rights requirementsthat come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, FedEial3.-mprobibit recipients of financial assistance from dis 'n„natirlg 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 m the delivery of services or
benefits.
Providing Seryices to Limited English Proficiency (LEP) Individuals
In accordance with Departnient of Justice Guidance pertaining to Title VI of the Civil Ri4ttsAct of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial. assistance must take ieasonable'steps to provide meaningful access to theirprograms and activities for persons with limited
English proficiency (LEP). For nwe information on the civil rights responsibilities that recipients have in providing language services b
LEP individuals, please seethe website at http:Vwww.tep:gov.
Ensuring'Equal Treatment for Faith -Based Organizations
The Department of Justice his published a regulationspecifioaily, pertaining to the funding of faith•based'organi2ations. in general, the
•'regulation, Participation in Justice Department Pmgramsby Religious Organizations; Providing for Equal Treatment of ail Justice
DepartnentProgram Participants, and known as the Equal Treatment Regulation 28 C,F, R: part 38, requires State Administering Agencies
to treat these organizationsthe same as any otherapplicant•or recipient The regulationprohibits State AdministeringAgencies from making
award or grant administration decisions on the basis of an organization's t:eligiaischaracter oraffiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-basedorganizatio ns from using financial assistance from theDepartment of Justice to fund inherently
religious activities. While faith-basedorganizations can engage in rion-funded inherentlyreligious activities, they must be held separately
from the Department of Justice fundedprogtam, and customers or beneficiaries cannotbe compelled, to participate in them The Equal
Treatment Regu I ation.also mpkes clear that organizations participating inprograms fundedby the Departmentof Justice are not permitted to
discriminatem the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCRs
website at http:I/W.ojp.usdoj.gov/ocr/et&o.htrn.
State Administering Agencies and faith -based. orgaiiizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the.Juverdle Justice -and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment Despite these nondiscriminationprovisions, the Justice Department has concluded that the Religious
FreedomRestorationAct (RFRA) is reasonably construed, on a case-by-case basis, to require that its fundingagencies permit faith -based
organizations applying for funding under the applicable p rogr•am statutes both to receive DOJ funds and to continue considering religion
Whenhiring staff; even if the statute that authorizes the fundingprogratm generally forbids consideringof religioa in employment dmisicns
by grant=
Questiensabout the regulation or the application ofRFRA to the statutes timtprohibitdiscrimination in employment may be: directed to.dlis ' .
Offiee. . . . . • I .. . .
Enforcing Civil Rights Laws
All recipientsof Federal financial assistance, regardlessof the particular funding soiuom, the amount of the grant award, or the number of
employeesin the workforce, are subjectto the prohibitions against unlawful discrimination. Accordingly, OCR investigatesrecipientsthat
are the subjectof discriminationcomplaints from both individuals and groups. In additim,based on regulatory criteria, OCRselects a
number ofrecipients each year for compliancereviews, audits that mgiirerecipients to submitdatashowing that they areproviding services
equitablyto all segments of their service population and that their employment practices meet equal employment opportunity standards.,
Compiyiagwith the'Safe Streets Act or Program Requirements
In addition, to these geheral•prohibitions; an otganization which is a recipientof financial assistance subjectto the nondiscrimination
provisions of the Omrubus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C.§. 3789d(c), orotherFederal grant
program requirements, must neettwo additional requirements:( 1) complying with Federal regulationspertainingto the development of an
Equal EmploymentOppottunity Plan(EEOP), 28 C,F,K § 42.301-,308, and (4 submittingto OCR Findings o0iscrimination (see 28
C.F.R.§§ 42.205(5) or31.202(5)).
1) Meetingthe EEOP Requfrement
In accordance vathFederal regulations, AssuranceNo. 6 in the Standard Assurances, COPS AssuranceNo. 83, or certainFederal grant
program requirements, your organizationmust comply'witht&e followingEEOP reporting requirements: : •
Ifyour organization has received an award for $500,000 ormore-and has 50 or more employees (counting both full- andpart-time
employe es but excluding politicalgTdntees), then it has to prepare an. EEOP and submit ittoOCR for review within 60days-from the
date of this letter. For assistance in developing anEEOP,pleaseconsultOCR'swebsiteathitp://www.ojp.usdoj.gov/aor/ewp.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization reoeived'an award between $25,000 and $500,000 and has 50 or more employees, your organization stil I has to prepare
' anEEOP, but it does not have to submit the EEOP to OCR for review, Instead, your organizationhas to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section o fthe CertificationForm and return it to
OCR The CertificationFonn can be found at http,//www,ojp,usdoj,gov/oor/wph tm:
Ifyour 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 Irrliantn'be, then your
organization is exempt firm the EEOP requirement. However, your organizationmst complete Section A of the CertificationForm and
return it to OCR The Certification Form can be found at http://Wyw.ojp.usdoj.gov/ocr/eeop.htin.
2) Submitting Findings ofWscriminetion.
In the event a Ethral 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 Coinplia,nce of Subrecipients
Ifyour organization makes subawardsto otheragencies, you are responsible for assulig that subrecipients also comply with all of the
applicableFederal civil rights laws, includingthe requirementspertainingto developingand submitting anEEOP, reportingPindingsof
Discrimination, andproviding language services toLEPpersons. State agencies that make subawardsmusthave inplacestardardgramt
assurances and review procedures to demonstrate tl>Ek theY are effectivelymonitoringthe civil rights complianceof subrecipients.
If we can assistyou in any way in fulfilling your civilrights responsibilities as arecipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http:/Avww.ojp.usdoj.gov/ocr/.
Sincerely,
Michael L; Alston
Director
co:. Grant Manager
Financial Analyst
Department of Justice
,.5
of Justice Programs
Bureau afJusdceAssistance
Washington -D.C. 20531
MemorandumTo: OfficialGrant File
From: . ' :. Orbin Terry, NEPA Coordinator
Subject:. Incorporates NEPA Compliance in Further Developmental Stages for (hi of,Lodi
The Edward Byrne Memorial Justice Ass istance.Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and: control crime arra to improve the criminal justice system, some'of
which could have environmental impacts. All recipients of JAG funding must assist BJA is complying'withNEPA
and other related federal environmental impact analyses requirements in the use of grant ftimds,whether the funds
are used directlyby the grantee or by a subgrantee or third party. Accordingly,.priorto obligatingfands for any of
the specified activities, the grantee must first determine'if any of the specified activities will be funded by the
grant. . . .
The specified activities requiring environmental analysis we.
a New canstruetion;
-b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties locatedwithin a 100-yearfloodplain, a wetland, or habitat for endangeredspecies, or a
'propertylisted on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed.use of a building or facility that will either (a) result in a change in its basic
prioruse or (b) significantlychange'its sizd;
d. Implementation ofa new program involving. the use of chemicals other than chemicals that are (a).purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations; including the
identification, seizure, or closure of clandestine methamphetaminelaboratories.
Complying with NEPA may require the preparation of an .Environmental Assessment and/or. an Environmental
-Impact Statement, as directedby BJA. Further, forprogranis relating to methariiphetamifte laboratoryoperations,
the preparation of a detailedMitigation Plan will be required., For more information about Mitigation Plan
:requirements, please s.ee. http://www.ojp.usdoj.gov/BJA/reso=e/nepa.httnL
Pleasebe sure to carefully review the grant conditions on your award document; -as. it may omtain more specific
information about -environmental, compliance. . . . . . .
Department of Justice
GRANT MANAGER'S MEMORANDUM, Pr. I:
cs�ofJusticeFrogrems
PROJECT SUMMARY
Bureau of Justice Assistance
P
Grant
PROJECT NUMBER
PAGE 1 OF I
2012 -DJ -BX -0876
TI* project issupponedunderFY12(BJA -JAO) 42 USC 3750, elwq.
1. STAFF CONTACT (N ame & telephone number) 2. PROJECTDIRECTOR(Name, address& telephone number)
Zephyr R. Fraser Jeanie B44
(202) 616-0416 Sig=tServicesManager
215 W Elm Street
Lodi, CA 95241-1910
(209) 333-6722
3a TITLE OF THE PROGRAM
33. POMS CODE (SEE IONS
ON REVERSE)
BJA FY 12EdwardByrne MemorialJuatix Assistance Grant(JAG) Program
5. NAME & ADDF.F.SS OF ORkNTEE
6,NAME & ADRESSOF SUBGRANTEE
CityofLodi
22I West Pine Street.
Lodi, CA 93241.1910
7. PROGRAMPERIOD
& BUDOBT PERIOD
FROM 10/012011 TO 09/30=13
FROM 10/012011 TO 09/30/2013
9. AMOUNT OF AWARD
10, DATE OF AWARD .
$ 19,483
07/16/2012
I I. SECOND YEAR'S BUDGET
12 SECOND YEAR'SBUDGETAMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. TEM YEAR' SBUDOET AMOUNT
15. SUMMARY DESCRIPTI6N CFPROJECT (See instruction onreverse)
••• •••, . ,.. minr,,,rt a h_ mnA rnnan of
ine coward Byrilc Memorial a Assistance 8 (I d ) a s siaies and utuis vi iu�zi g� w et m l id r { V
W i k tial revs and n z iri based on tl own state and local needs and conditions. Oram funds can be used fot state and local'in{th t 16 n{eal
o<sistanrf__ lralnfng. nnranmwr ^ entw m„rt;e .v�nt,v-- fi,al su,-Wry. e„�# i�k,_rmwtinmrwlcmw _fnr m=ns] justice.
~ifi -r -
�dl
611 i purpose areas: l) law a WC 2) rr ition m i o tit pgrams; 3) pre ti t id ti, p p ; {) 0(t d m and r
m t ins progi 9; 1) wogtmaatmera --e;,.' y ". , z1armirla. evaluation and tc oloaj : _ m r- na• _ -aa 7) crime u and
witness programs (other than oompcnaation). -
The grantee will use the JAG award to replacebroken and outdated computer equipmentin police vehicles,the communication center, andstaffwork areas. Fonds .
w111 also be utilized -to pay forsoftwam upgrades and technology improvements throughout.the polico department The pmjcG. Boal.is:to inomoase esaentfal law
RESOLUTION NO. 2012-147
A RESOLUTIONOF THE LODI CITY COUNCIL ACCEPTING LODI'S SHARE OF
THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND
AUTHORIZING THE CITY MANAGERTO EXECUTE AGREEMENT AND ALL
NECESSARY FORMS WITH THE DEPARTMENT OF JUSTICE; AND FURTHER
APPROVING EXPENDITURE PROGRAM FOR THE GRANT FUNDS
--------------------------
WHEREAS, the Lodi Police Department submitted a proposal for the 2012 Edward Byrne
Memorial Assistance Grant through the Bureau of Justice Assistance for support technology program
activities; and
WHEREAS, the activities include replacement of computer hardware, Mobile Data Computers
and equipment replacement and upgrades, licensing expenses, and the monthly wireless connectivity
fees for mobile computers for police vehicles; and
WHEREAS, the Lodi Police Department was awarded the grant by the Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance in the amount of $19,483.00.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the grant
funds in the amount of $19,483 from the Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance to support technology program activities as outlined above; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement and any necessaryforms with the Departmentof Justice for the acceptance of this grant; and
BE IT FURTHER RESOLVED that the City Council hereby approves the expenditure of the grant
funds as follows:
• Mobile computers and technology upgrades $10,000
• Safety equipment $ 5,000
• Department information systems licensing 4,483
$19,483
Dated: September 19, 2012
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
hereby certify that Resolution No. 2012-147 was passed and adopted by the City Council of the
City of Lodi in a regular meeting held September 19, 2012, by the following vote:
AYES: COUNCIL MEMBERS—Johnson, Katzakian, Nakanishi, and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Hansen
ABSTAIN: COUNCIL MEMBERS—None
�Lm I
City Clerk
2012-147