HomeMy WebLinkAboutC2009-323 - 8/18/2009 - ApprovedDepartment of Justice
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Bureau of Justice Assistance
Office of Justice Programs Washington, D.C. ZOS31
July 21, 2008
Mr. Angel Escobar
City of Corpus Christi
1201 Leopard Street
Carpus Christi, TX 7$401
Dear Mr. Escobar:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local
Solicitation in the amount of $1,132,124 for City of Corpus Christi.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate,
If you have questions regarding this award, please contact;
- Program Questions, Esmeralda C. 1~omack, Program Manager at X202} 353-3450; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC} at
X800} 458-078, ar you may contact the CSC at ask.ocfa@usdoj.gov.
Congratulations, and we look forward to wanking with you.
Sincerely,
~ ~~ ~,~
James H, Burch II
Acting Director
Enclosures
2009-3Z3
M2009-225
08/18/09
INDEXEp
U.S. Dept. Uf Justice
Department of Justice
,s ' ~~ Qf#ice of Justice Programs
office far Civil Rights
Washington, D. C. 26531
July 21, 2a09
Mr. Angel Escobar
City of Corpus Christi
1201 Leopard Street
Corpus Chnsti, T~ 78401
Dear Mr. Escobar:
Congratulations onyour recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP}, U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (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 came with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs ar activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP} Xndividuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of I964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP},For more information on the civil rights responsibilitiesthat recipients have in providing language services to
LEP individuals, please see the website at http:llwww.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding offaith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious Warne, 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 Wan-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:Ilwww.ojp.usdoj.govlocrletfba.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA} is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based an 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 Requiremen#s
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act} of 1968, 42 U.S.C. § 37$9d(c}, or other Federa! grant
program requirements, must meet two additional requirements:(1}complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan ~EEOP}, 28 C.F.R. § 42.301-.308, and (2) submitting to CCR Findings of Discrimination see 2$
C.F.R. §§ 42.205(5) ar 31.202(5)},
1) Meeting the EEQP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No, S.B, or certain Federal grant
program requirements, your organization must comply with the following ESOP reporting requirements:
If your organization has received an award for $500,000 or mare and has 50 or mare 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 EECP, please consult CCR's website at http:llwww.vjp.usdaj.govlocrleeop.htm. You
may also request technical assistance from an EECP specialist at OCR by dialing X202} 616-3208.
If your organization received an award between $25,000 and $540,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EECP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http:llwww.ojp,usdoj.govlocrleeop.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 ESOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR, The Certification Form can be found at http:Ilwww.ojp.usdoj.govlacrleeop.htm.
2} Submitting Findings of Discrimination
In the event a Federal or State court ar Federal or State administrative agency makes an adverse finding of discrimination against your
vrganization after a due process hearing, on the ground of race, solar, 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 Federa! funding, please call OCR at X202} 307-
0690 or visit our website at http:llwww.ojp.usdoj.govlocrl.
Sincerely,
w
a. .
Michael L, Alston
Director
cc: Grant Manager
Financial Analyst
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I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 20x9-5B-B9.2S43
City of Corpus Christi
1201 Leopard Street S. PROJECT PERIOD; FROM 03/01/2009 TO 02/2812013
Carpus Christi, TX 78401
BUDGET PERIOD: FROM 03/01/2009 TO 02/28/2013
fi. AWARD DATE 07/2112009 7. ACTION
lA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial
746000576 00
9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE l0. AMOUNT OF THIS AWARD $1,132,124
Recovery Act Edward Byrne Justice Assistance Grant
11. TOTAL AWARD $1,132,124
l2. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS 0R LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE{S}.
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY09 Recovery Act {BJA-Byrne JAG} Pub. L. No. l i 1-5, 42 USC 3750.3758
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL ~~ GRANTEE ACCEPTANCE
lb. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
James H. Burch II Angel Escobar
City Manager
Acting Director
l7. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
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20. ACCOUNTING CLASSIFICATION CODES 21. ISBUGT2079
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC, REG. SUB. POMS AMOUNT
9 B 5B 80 00 00 1132124
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PROJECT NUMBER 2009.5$-B9.2S43 AWARD DATE 0712!12009
SPECIAL CONDITIONS
1. The recipient agrees to comply with the f nancial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP}Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Nan-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any} from OMB Circular A-133 audits (and
any other audits of OJP grant funds} are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification ar adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1} submitted a false claim for grant funds under the False Claims
Act; or 2} committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Off ce of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4704
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spapish}: (800} $b9-4499
or hotline fax; (202} 61d-9881
Additional information is available from the DOJ OIG website at www.usdoj.govloig.
d. RECOVERY ACT --Conflict with Other Standard Terms and Conditions
The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP
grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included
here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA"
or "Recovery Act"} requirements. Recipients are responsible for contacting their grant managers for any needed
clarifications.
0!P FORM 400012 (REV. 4-88}
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AWARD DATE 0?12!12009
SPECIAL COND17'IONS
PAGE 3 of ! a
7. 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 funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the 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 ar 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 funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally ar historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed an or
eligible far 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 fib) 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 metharnphetamine laborataryoperations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment andlor an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements far implementation of a Mitigation Plan, as detailed at [website], far programs relating to
methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs ar activities that will be funded 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.
8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, 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.
9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and
detailed by the BJA in program guidance far the Justice Assistance Grant (JAG} Program. Compliance with these
requirements will be monitored by BJA.
10. 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 QJP determine 28 C.F.R. Part 23 to be applicable, GJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 2$ C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
37$9g~c}-(d). Recipient may not satisfy such a fine with federal funds,
OJP FORM 400012 (REV. 4-88)
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PROJECT NUMBER 2009-SB-B9.2S43 AWARD DATE 07/21/2009
SPECIAL CDNDIT'IDNS
1 1. The grantee agrees to comply with the applicable requirements of 2$ C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment far 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
fund any inherently religious activities, such as warship, religious instruction, or praselytization. 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 asub-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:Ilwww.ojp.govlabautlacrlequal_fbo.htm.
I2. 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 governmental 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, ga to
http:Ilwww.it.ojp.govldefault.aspx?area=palicyAndPractice&page-106.
13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available far law
enforcement activities.
1~. RECOVERY ACT -JAG -Trust Fund
The recipient is required to establish a trust fund account. (The trust fund may or may not be aninterest-bearing
account.} The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG} or Recovery JAG Program.
The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during
the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be
returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final
submission of the Financial Status Report (SF-26~}.
15. RECOVERY ACT - Access to Records; Interviews
The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)}, and its
representatives, and the Government Accountability Office (GAO}, shall have access to and the right to examine all
retards (including, but not limited to, books, papers, and documents} related to this Recovery Act award, including
such records of any subrecipient, contractor, or subcontractor.
The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer ar employee of
the recipient (ar of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act
award.
16. RECOVERY ACT -One-time funding
The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that
its proposed project activities and deliverables are to be accomplished without additional DOJ funding.
OJP FORM 4000!2 (REV. 4-$8}
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PRQJECT NUMBER 2D49-5B-B9-2543 AWARD DATE D712112D09
SPECIAL CONDITIONS
17. RECOVERY ACT -Separate Tracking and Reporting of Recovery Act Funds and Outcomes
The recipient agrees to track, account far, and report on all funds from this Recovery Act award {including specific
outcomes and benefits attributable to Recovery Act funds} separately from all other funds, including DOJ award funds
from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds maybe
used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act
funds must be separate.}
Accordingly, the accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery
Act award are not commingled with funds from any other source.
The recipient further agrees that all personnel (including subrecipient personnel} whose activities are to be charged to
the award will maintain timesheets to document hours worked for activities related to this award and non-award-
related activities.
1$. RECOVERY ACT -- Subawards -Monitoring
The recipient agrees to monitor subawards under this Recovery Act 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 Recovery Act funds by subrecipients. The recipient agrees to
submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
19. RECOVERY ACT - Subawards -DUNS and CCR for Reporting
The recipient agrees to work with its first-tier subrecipients (if any} to ensure that, no later than the due date of the
recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active
registration with the Central Contractor Registration (CCR} database.
20. RECOVERY ACT -Quarterly Financial Reports
The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted
on-line (at hops:llgrants.ojp.usdoj.gov}using Standard Form SF 269A, not later than 45 days after the end of each
calendar quarter. The recipient understands that after October 15, 2~Q9, OJP will discontinue its use of the SF 2bgA,
and will require award recipients to submit quarterly financial status reports within 30 days after the end of each
calendar quarter, using the government-wide Standard Form 425 Federal Financial Report from (available for viewing
at www.Whitehouse.govlomblgrantslstandard farmslffr.pdf). Beginning with the report for the fourth calendar quarter
of 2U09 (and continuing thereafter}, the recipient agrees that it will submit quarterly financial status reports to OJP on-
line (at https:llgrants.ojp.usdoj.gov} using the SF 425 Federal Financial Report form, not later than 30 days after the end
of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period.
QJP FORM 4D~D12 (REV, 4-88)
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SPEC~A~ CCND~T'I4NS
21. RECOVERY ACT -Recavery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Informing Subrecipients
(a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act
funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the
Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-profit Drganixatians" and OMB A-102 Common Rules
provisions (relating to Grants and Cooperative Agreements with State and Local Governments}.
(b) 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 Farm (SF-SAC} required by DMB
Circular A-133, This condition only applies if the recipient is covered by the Single Audit Act Amendments of 199b
and DMB Circular A-133, "Audits of States, Local Governments, and Nan-Profit Organizations." This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,
and as separate rows under Item ~ of Part III an the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-"
in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-
SAC.
(c}The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and
amount of Recavery Act funds, and to document this identification bath at the time of subaward and at the time of
disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information
famished to subrecipients shall distinguish the subawards of incremental Recavery Act funds from regular subawards
under the existing program.
(d}The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA
information, similar to the requirements for the recipient SEFA described above. This information is needed to allow
the recipient to properly monitor subrecipient expenditure of Recavery Act funds as well as facilitate oversight by the
Federal awarding agencies, the DOJ OIG, and the GAO.
22. RECOVERY ACT -Reporting and Registration Requirements under Section 1512 of the Recovery Act.
(a}This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to
report on use of Recovery Act funds provided through this award, Information from these reports will be made
available to the public.
(b) The reports are due na later than ten calendar days after each calendar quarter in which the recipient receives the
assistance award funded in whole ar in part by the Recovery Act.
(c} Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration
(www.ccr.gav) 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.cam) is one of the requirements far
registration in the Central Contractor Registration.
(d} 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.FederalReporting.gov and ensure that any
information that ispre-filled is corrected or updated as needed.
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SPECIAL CONDITIONS
23. RECOVERY ACT - Provisions of Section 1512(c)
The recipient understands that section 1512(c} of the Recovery Act provides as follows:
Recipient Reports-Not later than 10 days after the end of each calendar quarter, each recipient that received recovery
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 far which recovery funds were expended ar obligated, including--
(A}the name of the project or activity;
(B} a description of the project or activity;
(C) an evaluation of the completion status of the project or activity;
(D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and
(E) far infrastructure investments made by state and local governmenks, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds made available under this Act, and name of the person to
contact at the agency if there are concerns with the infrastructure investment.
(~) Detailed information on any subcontracts or subgrants 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,
24. RECOVERY ACT --Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section
1553}
The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees ofnon-
Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste,
substantial and specif c danger to public health or safety, abuse of authority, or violations of law related to contracts ar
grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of
Recovery Act is available at www.ojp.usdoj.govlrecovery.
25. RECOVERY ACT - Limit an Funds (Recovery Act, section 1604}
The recipient agrees that none of the funds under this award may be used by any State or local government, or any
private entity, far construction costs or any other support of any casino or other gambling establishment, aquarium, zoo,
golf course, ar swimming pool.
26. RECOVERY ACT -Infrastructure Investment (Recovery Act, sections 1511 and 1602}
The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure
investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the
recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval,
the recipient shall give preference to activities that can be starred and completed expeditiously, and shall use award
funds in a manner that maximizes jab creation and economic benefits. The text of the Recovery Act (including sections
1511 and 1602} is available at www.ajp.usdoj.govlrecovery.
oJt~ IioRM 4oao12 (R~v. 4-8s)
Department of Justice
Office of Justice Programs A'V~ARD CUNT~NUATIGN
~~~ :F ~ Bureau of Justice Assistance SHEET
"°°~ Grant
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PAGE S OE 10
PROJECT NUM$ER 2009-SB-B9-2543 AWARD DAVE 07!2112009
SPECIAL CONDITIONS
27. RECOVERY ACT -Buy American Notification (Recovery Act, section 1605}
The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy
American"}. No award funds may be used for Iran, steel, or manufactured goods far a project for the construction,
alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written
notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to
add government-wide standard conditions (anticipated to be published in subpart B of ~ C.F.R. part 176} that further
implement the specific requirements or exceptions of section 1605.
Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States, subject to certain exceptions, including United States obligations under
international agreements.
Far purposes of this special condition, the following definitions apply:
"Public building" and "public work" means a public building of, and a public work af, a governmental entity the United
States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and
local governments; and multi-Stake, regional, ar interstate entities which have governmental functions). These
buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
"Manufactured good" means a good brought to the construction site for incorporation into the building or work that has
been--
~1}Processed into a specific form and shape; or
(2} Combined with other raw material to create a material that has different properties than the properties of the
individual raw materials.
"Steel" means an allay that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other
elements.
Far purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention
facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this
provision.
NOTE: The recipient is encouraged to contact the O,iP program manager - in advance -with any questions concerning
this condition, including its applicability to particular circumstances,
OJP FORM 4D0012 (REV. 4-88)
..,i;.._`,.. _ Department of Justice
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AWARD C4NTINUAT~nN
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Grant
PAGE 9 OF t0
PROJECT NUM)3ER 2009-SB-B9.2543
AWARD DATE 07121/2009
SPECIAL CONDITIONS
28, RECOVERY ACT -Wage Rate Requirements under Section 1606 of the Recovery Act
(a} Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government
pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Lobar in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No.14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued
regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR S.S
instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section, The
standard Davis-Bacon contract clauses found in 29 CFR 5.5(a} are to be incorporated in any covered contracts made
under this award that are in excess of $2,040 for construction, alteration or repair (including painting and decorating},
(b}For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of
grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon
requirements to a particular federally assisted project to the Federal agency funding the project, The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
29. RECOVERY ACT -NEPA and Related Laws
The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C.
section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act}, if applicable.
The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans
to use Recovery Act funds (directly or through subaward or contract} to undertake any activity that triggers these
requirements, such as renovation ar construction, (See 28 C.F.R. Part 61, App. D.} The recipient also agrees to comply
with all Federal, State, and local environmental laws and regulations applicable to the development and implementation
of the activities to be funded under this award,
30. RECOVERY ACT -- Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided
under an award, and civil andlor criminal penalties,
31. RECOVERY ACT --Additional Requirements and Guidance
The recipient agrees to comply with any modifications ar additional requirements that may be imposed by law and
future OJP (including government-wide} guidance and clarifications of Recovery Act requirements.
32, RECOVERY ACT -JAG -Delinquent section 1 S 12(c}reports
The recipient acknowledges that it has certified that it will comply with all reporting requirements under section
1512(c} of the Recovery Act, (An online reporting mechanism is anticipated to be available far award recipient use by
October 10, 2009.) Further to this certif cation, a failure to comply with the section 1512(c}reporting requirements
may, in addition to other penalties, subject the recipient to the following:
(1}After failure to report section 1512(c}data far two consecutive reporting periods, the recipient may be- (a}
precluded from drawing dawn funds under any OJP award, andlar (b} deemed ineligible for future discretionary OJP
awards, until such time as the recipient becomes current in its section 1512(c) reporting obligations; and
(2}After failure to report section 1512(c} data for three consecutive reporting periods, the recipient, upon written
demand of the Director of BJA, shall return to OJP any unexpended award funds (including any unexpended interest
earned an award funds} within ] 5 calendar days of the date of the demand notice. Thereafter, the recipient's award shall
beconverted to acost-reimbursable grant until such time as the recipient becomes current in its section I512(c}
reporting obligations, and remains current for not less than two additional consecutive reporting periods,
oJP FORM aaaaz (REV. a-ss}
",~,'h;G,. Department of Justice
Office of Justice Programs AWARD CONT~NUATraN
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PAGE 10 OF 10
PRO]ECT NUMBER 2009-SB•89-2543 AWARD DATE 07121/2009
SPECIAL CONDITIQNS
33, A!1 contracts under this award should be competitively awarded unless circumstances preclude competition. When a
contract amount exceeds $1 D0,000 and there has been no competition for the award, the recipient must comply with
rules governing sole source procurement found in the current edition of the OJP Financial Guide,
34. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office of Justice Programs (aJP}program office prior to
obligation or expenditure of such funds.
OJP FORM 400012 (REV. 4-88)
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Memorandum To: Gfficial Grant File
From: Maria A. Berry, NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus
Christi
The Recovery Act emphasizes the importance of compliance with the National Environmental Policy Act
NEPA} in the use of public funds, The Recovery Act -Edward Byrne Memorial Justice Assistance
Grant Program 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, 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 specef ed activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 1~0-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible far 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 fib} signif candy change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are ta}
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, ar closure of clandestine rnethamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment andlor an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamineloboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements,
please see http:Ilwww,ojp.usdoj.govlBJAlresourcelnepa.html,
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
~.
Department of Justice GRANT MANAGER'S MEMORANDUM, PT, I:
r~ - Office of Justice Programs pRpJECT SUMMARY
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`~~ . r~ Grant
~- FRDJECT NUMBER
PAGE 1 DF 1
2009-SB-B9-2543
This project is supported under FY09 Recovery Act ~BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-375$
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR {Name, address & telephone number)
Esmeralda C. Womack Pat Eldridge
X202) 353-3450 Police Administration Manager
P. O.Box 9277
Corpus Christi, TX 784b9-401 b
~3b1) 88b-2b9b
3a. TITLE DF THE PROGRAM 3b. PDMS CDDE SEE INSTRUCTIONS
ON REVERSE)
BJA FY 04 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation
4. TITLE DF PROJECT
Recovery Act Edward Byrne Justice Assistance Grant
5. NAME & ADDRESS OF GRANTEE b. NAME & ADRESS OF SUBGRANTEE
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 03!0112009 TO: 02128/2013 FROM: 03/61/2009 T0: 02/28/2013
9. AMOUNT OF AWARD I0. DATE OF AWARD
~ 1,132,124 07/21/2009
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRI] YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
1 S. SUMMARY DESCRIPTION OF PROJECT (See instruction an reverse)
This grant program is authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5} (the "Recovery Act") and by 42 U.S.C. 3751{a). The
stated purposes of the Recovery Act are: to preserve and create jabs and promote economic recovery; to assist those mast impacted by the recession; to provide
investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection,
and other infrastructure that will provide long-term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive state and local tax increases. The Recovery Act places great emphasis on accountability and transparency in
the use of taxpayer dollars.
OJP FORM 400012 REV. 4.88}
Among other things, it creates a new Recovery Accountability and Transparency Board and a new website - Recovery.gov - to provide information
to the public, including access to detailed information on grants and contracts made with Recovery Act funds.
The Justice Assistance Grant (JAG} Program funded under the Recovery Act is the primary provider of federal criminal justice funding to state and
local jurisdictions. Recovery JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task farces
to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. Recovery JAG
funded projects may address crime through the provision of services directly to individuals andlor communities and by improving the effectiveness
and eRiciency of criminal justice systems, processes, and procedures.
The city of Corpus Christi is disparate with Nueces County, Port Aransas City, and Robstown City. The city ofCorpus Christi will serve as the
f seal agent to administer the JAG Recovery funds for all four jurisdictions. Each jurisdiction will utilise grant funds for law enforcement purposes.
The Corpus Christi Police Department will use funds to procure communication and tactical devices (e.g., bar code system, upgrades to radio
towers, interview recording equipment, body armor, etc.} and provide forensic services training on the following topics: fingerprintltrace evidence,
courtroom testimony techniques, and digital crime scene photography. Nueces County will use funds to retain its drug abuse prosecutor, upgrade
the county jail with an electronic touch screen control system (to replace the current systemj, and procure law enforcement equipment far its
officers (e.g., body armor, taxers, radio systems, in-car video systems, etc.) The Part Aransas Police Department will procure triers and related
supplies to support officers in combating crime (e.g., taxers, cartridges, etc.} The Robstown Police Department will acquire digital in•car video
equipment, digital video mirrors, and accompanying equipment software.
NCAINCh'