HomeMy WebLinkAboutC2009-413 - 10/20/2009 - Approved3aV.''S`*FS'....
Department of Justice
/ ~~='`; &z A Office of Justice Programs
Office of the Assistant Attomey General Washington, D.C. 10531
September 16, 2009
Mr. Angel Escobar
City of Corpus Christi
1201 Leopard Street
P.O. Box 9277
Corpus Christi, TX 78401
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 CCDO FY 09 Weed and Seed Program Guide and Application Kit: Continuation Sites
in the amount of $142,000 for City of Corpus Christi. This award will enable you to support activities within your Weed and
Seed designated area.
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, Brent D. Eckberg, Program Manager at (202) 514-5674; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
i,\l ~~ ....., ~~~y
Mary Lou Leary 4`t
Acting Assistant Attomey General
Enclosures
2009-413
Res. 028363
10/20/09
U.S. Dept. Of Justice
-_ ~;
September 16, 2009
Mr. Angel Escobar
City of Corpus Christi
1201 Leopard Street
P.O. Box 9277
Corpus Christi, TX 78401
Dear Mr. Escobar:
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 1053!
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal taws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1)comp1ying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
i) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an ESOP, 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 of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that Subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of Subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
~~ a. ~~--
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
r Department of Justice
~ Office of Justice Programs
r s
Office of the Chief Financial Officer
Washington, D.C. 20531
September 16, 2009
Mr. Angel Escobar
City of Corpus Christi
1201 Leopard Street
P.O. Box 9277
Corpus Christi, TX 78401
Reference Grant Number: 2009-WS-QX-0016
Dear Mr. Escobar:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category Budget
Personnel $74,420
Fringe Benefits $12,450
Travel $7,500
Equipment $22,526
Supplies $704
Construction $0
Contractual $42,542
Other $29,192
Tota! Direct Cost $189,334
Indirect Cost $0
Total Project Cost $189,334
Federal Funds Approved: $142,000
Non-Federal Share: $47,334
Program Income: $0
Match is required at 25% for this grant program. The required match has been met. The non-federal share that has been
incorporated in the approved budget is mandatory and subject to audit.
If you have questions regarding this award, please contact:
-Program Questions, Brent D. Eckberg, Program Manager at (202) 514-5674
-Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC)
at (800) 458-078b, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Marcia K. Paull
Chief Financial Officer
``` ~, Department of Justice
Office of Justice Programs ~
PAGE 1 OF 3
~
i
~~~ Community Capacity
Grant
Development Office
1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009-WS-QX-0016
City of Cotpus Christi
1201 Leapazd Sheet P.O. Bax 9277 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30!2010
Cotpus Chris[i, TX 78401
BUDGET PERIOD: FROM 10/01/2009 TO 09/30/2010
6. AWARD DATE 09/16/2009 7. ACTION
IA. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial
746000576 ~
9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 142,000
d Sit
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W
d
an
ee
e
Corpus Christi South East
ee
11. TOTAL AWARD $ 142,000
l2. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
l3. STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.C. sections 103-105
15. METHOD OF PAYMENT
PAPRS
_- AGENCY APPROVAL _- GRANTEE ACCEPTANCE ^-
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Mary Lou Leary Angel Escobar
City Manager
Acting Assistant Attorney General
OF APPROVING OFFICIAL
17. SIGNATURE ORIZED RECIPIENT OFFICIAL
T
H
l9. SIGNA E OF AU 19A. DATE
` /
-
L I
AGENCY US ONLY
20. ACCOUNTING CLASSIFICATION CODES 2l. IWSAGTOl50
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X Q WS 26 00 00 142000
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. ~ , ~~~~t: ~~~~~R~~~
dt' C~?UNICIL '~d (~~
OJP FORM 4000/2 (REV.4-88) ~~~ ~ ;
9ECR~ ~~~
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fif~341.n,;ul'~O C~,~,PA
Department of Justice I
"~' Office oflusticePrograms AWARD CONTINUATION
~'~~~ Community Capacity SHEET PAGE z of 3
Development Office Grant
PROJECT NUMBER 2009-WS-QX-0016 AWARD DATE 09/16/2009
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499 -
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be
supplemented with funds from other fiscal years. Therefore, timely implementation of this project is required.
7. The grantee/fiscal agent and Steering Committee recognizes that it must come into compliance with all new statutory
requirements for Weed and Seed programs. See 42 U.S.C. Section 104. This includes, but is not limited to, amending
its existing Operating Policies and Procedures, consistent with guidance that will be provided by CCDO, to include the
U.S. Attorney (for the District encompassing the community) and the Drug Enforcement Administration's special agent
in charge (for the jurisdiction encompassing the community) as voting members of the Steering Committee.
OJP FORM 4000/2 (REV. 4-88)
" "^, Department of Justice
Office of Justice Programs AWARD CONTINUATION
x~s ° Community Capacity SHEET PAGE 3 OF 3
`'~~^~'" Development Office Grant
PROJECT NUMBER 2009-WS-QX-0016 AWARD DATE 09/16/2009
SPECIAL CONDITIONS
8. While specific program strategies may vary from site to site, the planning, development and execution for the following
elements shall be common to all Weed and Seed sites. These common elements are: (1) to organize and regularly
convene a Weed and Seed steering committee; (2) to maintain focus on the four components in the target
neighborhood; (3) to screen applicants working with children while selecting and mobilizing resources to address
neighborhood problems; and (4) to regularly revisit goals, objectives, and the implementation strategies and schedules.
Failure to substantially comply with these elements is cause to discontinue grant funding.
9. The grantee agrees to require that organizations which receive grant funds certify, as part of the contract, that they have
appropriate hiring policies and screening procedures for employees who will be working with youth and other residents
as part of the Weed and Seed strategy.
10. Grantee agrees that if it chooses to award mini grants (sub-grants), those mini grant awards will be made for criminal
justice purposes. Grantee also agrees to ensure that these procedures comply with the OJP Financial Guide.
For purposes of this condition, "criminal justice purposes" shall mean those activities contemplated in the definition of
"criminal justice" found in the Omnibus Crime Control and Safe Streets Act, 42 U.S.C :3791 (a)(1). "Criminal justice"
is defined as "activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law,
including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including
juveniles, activities of courts having criminal jurisdiction,and related agencies (including but not limited to
prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of
corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of
criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile
delinquency."
11. Grantee agrees to submit a copy of any revisions to the previously submitted and approved Weed and Seed Steering
Committee Policies and Procedures. These revisions should be submitted to CCDO within 90 days of the adoption of
the revision.
12. The grantee agrees to submit a Government Performance Results Act (GPRA) Report for each calendar year in which
the grant remains open. These GPRA reports are due when specified by CCDO, reporting the results from the
preceding calendar year.
13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "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
fund any inherently religious activities, such as worship, religious instruction, 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 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.
OJP FORM 4000/2 (REV. 488)
Department of Justice
x?1~ r Office of Justice Programs
~~
nnw.``O
~' Community Capacity Development Office
..: C.., .k.i
Wash[ng[on, D.C. 2053/
Memorandum To: Official Grant File
From: Dennis E. Greenhouse, Director
Subject: Categorical Exclusion for City of Corpus Christi
The subject project involves the following: During this project period, law enforcement efforts will focus
on reducing drug trafficking while focusing on spin off crimes such as identity theft, forgeries, burglaries,
thefts, and prostitution. Community policing goals include reducing crimes committed by probationers
and parolees and decreasing the number of probationers and parolees that re-enter the correctional
system. Prevention, intervention, and treatment goals include providing early intervention youth
recreational programs to those in the site community. Neighborhood restoration goals include
establishing a SEEDTECH center to provide economic development opportunities for residents of the
site area.
None of the following activities will be conducted either under the OJP federal action or a related third
party action:
1. New construction.
2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) location within a 100 year floodplain.
3. A renovation which will change the basic use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect
on the environment.
5. Implementation of a program involving the use of chemicals.
Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in
paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed
action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the
criteria for a categorical exclusion.
Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs PROJECT SUMMARY
~ F Community Capacity Development
,;,~,r:-` ~ Office Grant
`'' ~~ PROJECT NUMBER
PAGE 1 OF 1
2009-WS-QX-0016 ~
This project is supported under 42 U.S.C. sections 103-105
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)
Brent D. Eckberg Harotd Smith
(202) 5145674 Director
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361)826-3489
TITLE OF THE PROGRAM
3a 3b. POMS CODE (SEE INSTRUCTIONS
. ON REVERSE)
CCDO FY 09 Weed and Seed Program Guide and Application Kit: Continuation Sites
4. TITLE OF PROJECT
Corpus Christi South East Weed and Seed Site
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
City of Corpus Christi
1201 Leopard Street P.O. Box 9277
Corpus Christi, TX 78401
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 10/01/2009 TO: 09/30!2010 FROM: 10/01/2009 TO: 09/30/2010
9. AMOUNT OF AWARD ~ 10. DATE OF AWARD
$ 142,000 09/16/2009
11. SECOND YEAR'S BUDGET ] 2. 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 Community Capacity Development Office (CCDO) approved Coypus Christi South Eas[ as a Weed and Seed Community (WSC) effective October 1, 2007.
This is the third award to implement their strategy. The designated area is located within the following boundaries: West Boundary - Flour Bhiff Drive/ SH358/
Quetzel/ Oriole/ Fence Line of Corpus Christi Army Depot & Naval Air Station; East Boundary -The Shoreline of the Laguna Madre; South Boundary - Sendero
and Patrol Road; North Boundary - Homet Drive/ Fence Line of Corpus Christi Army Depot & Naval Air Station.
During this project period, law enforcement efforts will focus on reducing drug trafficking while focusing on spin off crimes such as identity theft, forgeries,
burglaries, thefts, and prostitution.
OJP FORM 4000/2 (REV. 4-88)
Community policing goals include reducing crimes committed by probationers and parolees and decreasing the number of probationers and
parolees that re-enter the correctional system. Prevention, intervention, and treatment goals include providing early intervention youth recreational
programs to those in the site community. Neighborhood restoration goals include establishing a SEEDTECH center to provide economic
development opportunities for residents of the site area.
The site has allocated $71,000 of the total $142,000 award to support weeding activities, including community policing.
Each Weed and Seed Community is required to demonstrate its local coordination efforts and include a firm commitment of either time or
resources to the project in a specific Memorandum of Understanding.
ca/ncf