HomeMy WebLinkAbout2012-08-28; City Council; 20978; Edward Byrne Memorial Justice Assistance GrantCITY OF CARLSBAD - AGENDA BILL 2
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MTG.
DEPT.
20.978
8/28/12
POL
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT
DEPT. DIRECTOR ^
CITYATTORNEY
CITY MANAGER (^AA—'
RECOMMENDED ACTION:
City Council adopt Resolution No. 2012-192 accepting FY2012 Edward Byrne
Memorial Justice Assistance Grant funds and appropriating the funds to support police
department functions.
ITEM EXPLANATION:
The Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) allows states
and local governments to support a broad range of activities to prevent and control crime and to
improve the criminal justice system. The JAG Purpose Areas include 1) Law enforcement
programs; 2) Prosecution and court programs; 3) Prevention and education programs; 4)
Correction programs; 5) Drug treatment programs; and 6) Planning, evaluation, and technology
improvement programs. These federal funds must be used to supplement existing funds for
program activities and cannot replace or supplant local funds.
Carlsbad's FY 2012 JAG Program Local award is $18,128. The police department proposes
that the grant be used to fund 1) a high-speed document scanner ($6,250); and 2) undercover
surveillance equipment ($11,878).
Investigation of financial crime is often complex and includes gathering large volumes of
evidence such as financial statements, copies of checks, investment records, etc. Copying this
evidence can be time consuming and labor intensive. Purchase of a high-speed document
scanner will improve both the efficiency and quality of financial crime investigations by saving
time and creating a searchable digital record of evidence, which can then be transferred or
copied for prosecution purposes via digital data storage methods.
The Vice Narcotics and Intelligence Unit (VNIU) uses undercover recording devices ("wires") as
a regular part of operations. VNIU does not currently have any working undercover recording
devices. This equipment is essential to the continued safety of officers involved in undercover
vice and narcotics investigations. JAG funds will be used to purchase undercover recording
devices.
The proposed purchases comply with the requirements of the grant.
DEPARTMENT CONTACT: Fiona Everett 760-931-2279 fiona.everett(S).carlsbadca.qov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • COUNCIL RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
FISCAL IMPACT:
The total program cost is $18,128 which is fully reimbursable by the JAG program grant award.
There are no on-going costs associated with the anticipated expenditures. Staff requests that
the City Council appropriate $18,128 for FY 2012 JAG Grant expenditures.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore does not require environmental review.
EXHIBITS:
1. Resolution No. 2012-192 accepting the Justice Assistance Grant funds and
appropriating the funds to support police department functions.
2. Grant award acceptance documents
EXHIBIT 1
1 RESOLUTION NO. 2012-192
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AND
^ APPROPRIATING FUNDS FOR POLICE EQUIPMENT
THROUGH THE FISCAL YEAR 2012 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
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WHEREAS, Carlsbad Police Department has been allocated funds through the
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Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant Program to support
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^ activities to prevent and control crime and to improve the criminal justice system; and
IQ WHEREAS, Carlsbad Police Department proposes to purchase police
11 equipment, including a high speed document scanner and undercover surveillance
12 equipment that meets the criteria for allowable costs for full reimbursement as set forth
in the grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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Jg 2. That the purchases specified are authorized in compliance with the grant
19 3. That the City Manager of the City of Carlsbad or her designee is hereby
20 authorized and directed to execute said award with the US Department of
21 Justice for receipt of the subject grant funds, as well as any required reports
and/or final statements. 4. That the Finance Director is authorized to appropriate $18,128 for Fiscal
Year 2012 Edward Byrne Memorial Justice Assistance Grant Program
purchases.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 28th day of August 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATTyHALL, Mayor
ATTEST:
NE M. WOOD, City Clerk
(SEAL|
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs Washington, D.C. 20531
July 12,2012
Ms. Lisa Hildabrand
City ofCarlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7240
Dear Ms. Hildabrand:
On behalf of Attomey 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 12 Edward Byme Memorial Justice Assistance Grant (JAG) Program Local
Solicitation in the amount of $18,128 for City of Carlsbad.
Enclosed you will fmd the Grant Award and Special Conditions documents. This award is subject to all administrative and
fmancial requirements, including the timely submission of all fmancial and programmatic reports, resolution of all interim
audit fmdings, and the maintenance ofa minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation ofthe terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
Ifyou have questions regarding this award, please contact:
- Program Questions, Maria Anderson, Program Manager at (202) 514-7057; and
- Financial Questions, the Office ofthe 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,
Denise O'Donnell
Director
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
July 12, 2012
Ms. Lisa Hildabrand
City ofCarlsbad
1200 Carisbad Village Drive
Carlsbad, CA 92008-7240
Dear Ms. Hildabrand:
Congratulations on your recent award. In establishing fmancial 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 (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 fmancial 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 fiinded 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 ofthe Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of
Federal fmancial assistance must take reasonable steps to provide meaningfiil 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 ofan 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://vmw.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 constmed, on a case-by-case basis, to require that its funding agencies pennit 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 fimding 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 ofthe particular funding source, the amoimt 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 ofthe 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:(l) 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 retum 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 ofthe 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 afler 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
^^^1^1^ Department of Justice
^^^•piS^k Office of Justice Programs
^l^sj^^w Bureau of Justice Assistance Grant
PAGE 1 OF 7
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7240
4. AWARD NUMBER: 2012-DJ-BX-0150 1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7240
5. PROJECT PERIOD; FROM 10/01/2011 TO 09/30/2013
BUDGET PERIOD: FROM 10/01/2011 TO 09/30/2013
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7240
6. AWARD DATE 07/12/2012 7. ACTION
Initial I A. GRANTEE IRSA'ENDOR NO.
966004793
8. SUPPLEMENT NUMBER
00
7. ACTION
Initial I A. GRANTEE IRSA'ENDOR NO.
966004793
9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE
FY 2012 Justice Assistance Grant Program
10. AMOUNT OF THIS AWARD $18,128 3. PROJECT TITLE
FY 2012 Justice Assistance Grant Program
11. TOTAL AWARD $18,128
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 FY12(BJA - JAG) 42 USC 3750, et seq.
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
Denise O'Donnell
Director
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Lisa Hildabrand
City Manager
17. SIGNATURE OF APPROVING OFFICL\L 19. SIGNATURE OF AUTHORUED 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 DJ 80 00 00 18128
21. LDJUGT0235
OP 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
PROJECT NUMBER 2012-DJ-BX-0150
PAGE 2 OF 7
AWARD DATE 07/12/2012
6.
SPECIAL CONDITIONS
• '•^'^'Pf ^^l^ ^0 <=°'^Ply with the financial and administrative requirements set forth in the cun-ent edition of the Office of Justice Programs (OJP) Financial Guide.
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 tennination of funding, until such time as the
recipient is in compliance.
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 ot the OJP Financial Guide.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support ofthe
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment without the
express pnor wntten approval of OJP.
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 fimds under the False Claims'
Act; or 2) committed a cnmmal 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(gusdoj.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.
Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of anv
contract or subaward to either the Association of Community Organizations for Refomi Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
The recipient agrees to comply with any additional requirements that may be imposed during the grant perfonnance
penod 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 7
PROJECTNUMBER 2012-DJ-BX-0150 AWARD DATE 07/12/2012
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs
web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to
an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
9. 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.
10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such
events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is
available at www.ojp.gov/fiinding/confcost.htm.
11. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income eamed must be accounted for and used for the purposes of funds provided under this award, including
such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as
applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further,
the use of program income must be reported on the quarteriy Federal Financial Report, SF 425.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF 7
PROJECT NUMBER 2012-DJ-BX-0150 AWARD DATE 07/12/2012
12.
13.
14.
SPECIAL CONDITIONS
The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant fiinds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
ofthe following activities will be fimded by the grant, prior to obligating fiinds for any of these purposes. If it is
determined that any ofthe following activities will be funded by the grant, 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 conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant fimds, this special
condition must first be met. The activities covered by this special condition are:
a. New constmction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed 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
prior use or (b) significantly change its size;
d. Implementation ofa new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation ofa program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation ofan Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any ofthe grantee's or its
subgrantees' existing programs or activities that will be fiinded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
To avoid duplicating existing networks or IT systems in any initiatives fiinded by BJA for law enforcement iflformation
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global
Standards Package (GSP) and all constituent elements, where applicable, as described at:
http://www:it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an altemative approach is recommended.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF 7
PROJECTNUMBER 2012-DJ-BX-0150 AWARD DATE 07/12/2012
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22.
SPECIAL CONDITIONS
The recipient is required to establish a tmst fiind account. (The tmst fund may or may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope ofthe Edward Byme Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant fiinds in the tmst fund (including any interest eamed) during the period of the grant. Grant funds
(including any interest eamed) not expended by the end of the grant period must be retumed to the Bureau of Justice
Assistance no later than 90 days afler the end ofthe grant period, along with the final submission of the Federal
Financial Report (SF-425).
JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for
purposes of the Bulletproof Vest Partnership (BVP) program.
The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed
certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy
must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for
bulletproof vests. There are no requirements regarding the nature ofthe policy other than it being a mandatory wear
policy for all uniformed officers while on duty.
Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor
or manufacturer, as long as the vests have been tested and found to comply with 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 found here: http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm.
The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits ofthe system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal fiinds.
The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state govemmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://vmw.it.ojp.gov/default,aspx?area=policyAndPractice&page=1046.
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation goveming "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
ftind any inherently religious activities, such as worship, religious instmction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. 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 services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
OJP FORM 4000/2 (REV. 4-88)
^^BBj^^ Department of Justice
.S^^SSSj^ Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 7
Grant
PROJECTNUMBER 2012-DJ-BX-0150 AWARD DATE 07/12/2012
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30.
SPECIAL CONDITIONS
Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
Grantee agrees to comply with all confidentiality requirements 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 with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
The recipient agrees that funds received under this award will not be used to supplant State or local fiinds, but will be
used to increase the amounts of such funds that would, in the absence of Federal fiinds, be made available for law
enforcement activities.
Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through
GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Govemment
Performance and Results Act (GPRA), P.L. 103-62, applicants who receive fimding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant fiinds and fiiture High Risk
designation.
The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG fiinds by subrecipients. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
The grantee agrees that within 120 days of award acceptance, each member ofa law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (internet-based) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
Recipient understands that the initial period of availability of fiinds for this award is two years. Recipient further
understands that any requests for additional time for performance of this award, up to two additional years, will be
granted automatically, pursuant to 42 U.S.C. § 3751(f) and in accordance with current fiscal year solicitation. Requests
for additional time beyond a four year grant period will be subject to the discretion ofthe Director ofthe Bureau of
Justice Assistance.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 7 OF 7
PROJECT NUMBER 2012-DJ-BX-0150 AWARD DATE 07/12/2012
31
SPECIAL CONDITIONS
Recipient may not expend or drawdown fiinds until the Bureau of Justice Assistance, Office of Justice Programs has
received documentation demonstrating that the state or local goveming body review and/or community notification
requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
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: Incorporates NEPA Compliance in Further Developmental Stages for City of
Carlsbad
The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local govemments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds 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 are:
a. New constmction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed 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
prior use or (b) significantly change its size;
d. Implementation of a 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 methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
-t^Bifciii Department of Justice
Office of Justice Programs
iM^^^^^P Bureau of Justice Assistance
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Grant
-t^Bifciii Department of Justice
Office of Justice Programs
iM^^^^^P Bureau of Justice Assistance
PROJECT NUMBER
2012-DJ-BX-0150 PAGE 1 OF 1
This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq.
1. STAFF CONTACT (Name & telephone number)
Maria Anderson
(202)514-7057
2. PROJECT DIRECTOR (Name, address & telephone number)
Fiona Everett
Management Analyst
2560 Orion Way
Carlsbad, CA 92010-7240
(760)931-2279
3a. TITLE OF THE PROGRAM
BJA FY 12 Edward Byme Memorial Justice Assistance Grant (JAG) Program
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
4. TITLE OF PROJECT
FY 2012 Justice Assistance Grant Program
5. NAME & ADDRESS OF GRANTEE
City ofCarlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7240
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD
FROM: 10/01/2011 TO: 09/30/2013
8. BUDGET PERIOD
FROM: 10/01/2011 TO: 09/30/2013
9. AMOUNT OF AWARD
$18,128
10. DATE OF AWARD
07/12/2012
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 Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and units of local govemment, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more ofthe
following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
witness programs (other than compensation).
The grantee will use the JAG award to purchase a high-speed document scanner and undercover survellance equipment. The project goals are to increase officer
safety and improve the efficiency and quality of financial crime investigations. NCA/NCF
OJP FORM 4000/2 (REV. 4-88)