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HomeMy WebLinkAboutAGMT - Orange County (Justice Assistance Grant Program) • Amendment to the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (ARRA JAG) Memorandum of Understanding The 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Memorandum of Understanding is hereby amended to add the following paragraph: "The parties to this Memorandum of Understanding agree that any unexpended funds remaining after the parties have submitted requests for reimbursement from the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG)may be transferred by the County of Orange for use by the Orange County Pro-Active Methamphetamine Laboratory Investigation Team (PROACT)." MI other terms of the Memorandum of Understanding remain the same. Print Name and Title Signature Orange County Print Name and Title Signature Anaheim City Print Name and Title Signature Brea City Print Name and Title Signature Buena Park City • • ARRA JAG Memorandum of Understanding (continued) Print Name and Title Signature Newport Beach City Print Name and Title Signature Orange City Print Name and Title Signature Placentia City Print Name and Title Signature San Clemente City Print Name and Title Signature Santa Ana City "1 . , ,� 5 4 1\-1anc m nt Name and it e Sjgdature Seal Beach City Print Name and Title Signature Stanton City i • • 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Memorandum of Understanding We, the Orange County Executive Officer and the city managers of the cities that are eligible to receive the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant funding in Orange County, or their designees, do hereby indicate our understanding that the County of Orange will serve as the applicant/fiscal agent for the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant funds for which our agencies may be eligible. Print Name and Title Signature Orange County - $105,233 Print Name and Title Signature Anaheim City - $723,162 Print Name and Title Signature Brea City - $38,195 Print Name and Title Signature Buena Park City - $142,160 Print Name and Title Signature Costa Mesa City - $137,881 • • JAG Memorandum of Understanding (continued) Print Name and Title Signature Orange City - $125,044 Print Name and Title Signature Placentia City - $50,556 Print Name and Title Signature San Clemente City - $39,779 Print Name and Title Signature Santa Ana City - $917,622 David N. Carmany, City Manager Print Name and Title Signature Seal Beach City - $19,177 Print Name and Title Signature Stanton City - $74,012 Print Name and Title Signature Tustin City - $82,412 • • • Department of Justice 1 I Office ofJust3ce Programs Bureau of Justice Assistance i PAGE 1 OF 9 Grant 1. RECIPIENT NAME AND ADDRESS (Occluding Zip Code) 4 AWARD NUMBER: 2009 -SB-B9 -0271 County of Orange 10 Civic Center Plaza 5. PROJECT PERIOD: FROM 03/01/2009 TO 02282013 Santa Ana, CA 92701 -4017 1 I BUDGET PERIOD* FROM 03/012009 TO 02282013 I ! 6 AWARD DATE 06/25/2009 ! 7. ACTIN 1A. GRANTEE IRSNENDOR NO 8. SUPPLEMENT NUMBER Instal 950009281 00 9 PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE —J 10 AMOUNT OF nits AWARD FY 2009 Recovery Act Justice Assistance Grant Program S 3,959.680 ' 11. TOTAL AWARD { { S 3,959,880 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 FY09 Recovery Act (BJA -Byrne JAG) Pub. L. No. 111 -5.42 USC 3750-3758 I j 15 METHOD OF PAYMENT PAPRS AGENCY APPROVAL I GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL ; 18. TYPED NAME AND TITLE OF AUTHORIZES) GRANTEE OFFICIAL James H. Burch II Patncia Bata Acting Director I Board of S uperviso rs Chen 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE 0 A D RECIPIENT, CIAL 19A. DATE c !!) - --- A,F46e; 41/01 { I AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES I 21. ISBUGT1078 FISCAL FUND BUD DIV YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I i " I I I 9 B SE 80 00 00 3959880 I i I � ! I I OP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. FACSIMILE SIGNATURE AUTHORIZED APPROVED AS TO FORM PER G C SEC. 25103 RESO 79.1535 OFFICE OF THE COUNTY COUNSEL SIGNED ANO CERTIFIED THATA COPY OF OP FORM 4000/2 (REV. 4-88) , THIS DOCUMENT HAS BEEN DELIVEREC ORANGE, COUNTY, CALIFORNIA '`,� -.?4' TO THE CHAIR OF THE BOARD 47 ATTE T: / DePIAY gr�'Cl +c` 4 a l l � 1.,0LA 1 1 Dade: f�T t " DARLENE J BLOOM CLERK OF THE BOARD OF SUPERVISO ° S ORANGE COUNTY. CALIFORNIA • • s^z Department of Justice Office of Justice Programs AWARD CONTINUATION $ :1 ; Bureau of Justice Assistance ; SHEET I PAGE 2 OF 9 Grant PROJECT NUMBER 2009-58 - 89-0271 AWARD DATE 06/25/2009 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and admmistrative 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 tmderstands 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 pnncipal, 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) commuted 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. RECOVERY ACT — Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained rn this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions mcluded 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. OJP FORM 4000/2 (REV. 4-88) • • �., Department of Justice I Office of Justice Programs AWARD CONTINUATION , Bureau of Justice Assistance SHEET ; PAGE 3 OF 9 \ ` L 1 Grant PROJECT NUMBER 2009 -SB -B9 -0271 AWARD DATE 06/25/2009 SPECIAL CONDI77ONS 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 subgiantee. 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 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 funds, this special condition must first be met. The activities covered by this special eondttton are: a. New construction; 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 ehgible 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, m office, household, recreational. or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, mcluding 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 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 [website], for programs relating to methamphetamme 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 or 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 fimctionalaty 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 for 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 OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the 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 funds. 1 OJP FORM 4000/2 (REV. 4-88) • • Department of Justice E 1 ! O Office of Justice Programs I AWARD CONTINUATION 1 Bureau of Justice Assistance SKEET J PAGE 4 OF 9 �, ` ( Grant i I J PROJECT NUMBER 2009 -SB-B9 -0271 AWARD DATE 06/25(2009 SPECIAL CONDITIONS 11. 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 acuvrttes must be separate m time or place from the Department of Justice funded program, and participation m 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 I I participating in programs directly funded by the Department of Justice are not permitted to discriminate m 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 httpJ /www.ojp.gov /about/ocr /equal fbo.htm. 12. 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 regardmg various information technology projects being conducted with these grant finds. 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 / /www.it.ojp.gov /defaultaspx? area =policyAndPractice&page= lt)46. 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 fiords, be made available for law enforcement activities. 14. RECOVERY ACT - JAG - Trust Fund The recipient is required to establish a trust fund account. (The trust find 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 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 ( includmg any interest earned) during' the period of the grant Grant funds (including any interest earned) not expended by the end of the grant penod 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 -269). i 15. RECOVERY ACT — Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (010)), and its { representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all I I records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrectpient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regardmg transactions related to this Recovery Act award. 16. RECOVERY ACT — One -time funding The recipient understands and p 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 40002 (REV. 4-88) 5� . • • I Department ti i _`•i Office oflustice of 3us Programs AWARD CONTLNUATION i Bureau of Justice Assistance SHEET 1 PAGE 5 OF 9 L , ° Grant PROJECT NUMBER 2009.$8- 139-0271 AWARD DATE 06/25/2009 SPECIAL CONDITIONS 17. RECOVERY ACT — Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to !rack, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other fiords, including DOI award funds from non - Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other hording 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. 18. 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 m 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 tP 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 httpsi /grants.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, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, usmg the government -wide Standard Form 425 Federal Financial Report from (available for viewing at www. whrtehouse. gov/ omb /grants/standard_fomts/ffr.pdf). Beginning with the report for the fourth calendar quarter of2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at https: / /grants.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. i I OJP FORM 4000/2 (REV 4-88) "45 1„.. • • Department of Justice : Office of hence Programs I AWARD CONTINUATION = Bureau of Justice Assistance 1 SHEET PAGE 6 OF 9 ( Grant PROJECT NUMBER 2009 -SB-B9 -0271 AWARD DATE 06/252009 SPECL4L CONDITIONS I 21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for informing Subrecipients (a) The recipient agrees to mamtain records that identify adequately the source and application of Act funds, to maximize the transparency and accountabihty 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 Organizations" 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 Form (SF -SAC) required by OMB Circular A -133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non -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 9 of Part III on 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 subrectpient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of fiords. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program i I I (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 Recovery 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 no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www,dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the in formation 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 is pre -filled is corrected or updated as needed. l + I I � OJP FORM 40002 (REV 448) • • j . `_' Department of Justice I ` Office of Justice Programs I AWARD CONTINUATION Bureau of Justice Assistance I SHEET I PAGE 7 OF 9 � j , , ���.�� Grant M ■ I PROJECT N3MBER 2009- SB- B9.0271 AWARD DATE 06/25/2009 -- SPECIAL CONDITIONS 23. RECOVERY ACT — Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery At 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 for which recovery funds were expended or obligated, mcluding— (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) for infrastructure investments made by state and local goventments, 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 concerts with the infrastructure investment. (4) 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 525,000 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 of non - Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safe abuse of authority, sP B� P safety, or violations of law related to contracts or 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.gov/recovery. . 25 RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the finds under this award may be used by any State or local government, or any private entity, for construction costs or any, other support of any casino or other gambling establishment, aquarium, zoo, golf course, or 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 appropnate certifications under section 1511 of the Recovery Act and receive prior approval from OW. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov /recovery. l 03P FORM 4000/2 (REV. 4-60 • • . r ' Department of Justice Office of Justice Programs AWARD CONTINUATION I a ''-. Bureau of Justice Assistance SHEET i PAGE 8 OP 9 y Grant . PROJECT NUMBER 2009- SB- B9-0271 AWARD DATE 062512009 SPECL4L COND177ONS 27. RBCOVERY ACT— American Notification Buy (Recovery Act, section 1605) The recipient understands that this award is subject to the pmvisions of section 1605 of the Recovery Act ( "Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, main rnanrP, 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 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. J I 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. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building oi; and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlymg islands of the United States; State and local governments; and multi- State, regional. or 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" mesas 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 i t (2) Combined with other raw material to create a material that has different properties than the properties of the mdivrdual raw materials. "Steel" means an alloy that mcludes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police faciities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions concerning this condition, including its applicability to particular circumstances. . OJP FORM 40002 (REV 4.88) ■ • • 1 - ".7 , Department of Justice I I O Office of justice Programs AWARD CONTINUATION 1 O Bureau of Justice Assistance J SHEET 1 PAGE 9 OP 9 Grant PROTECT NUMBER 2009-SB-B9-0271 AWARD DATE 0625/2009 SPECIAL CONDITIONS 28. RECOVERY ACT – Wage Rats 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 Iess than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor 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 5.5 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 52,000 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 Nmnber 14. j I 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 or 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 unplementation 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 m 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 and/or criminal penalties. 31 RECOVERY ACT – Additional Requirements and Guidance The recipient agrees to comply with any modifications or 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 1512(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 for award recipient use by October 10, 2009. ) Further to this certification, 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 for two consecutive reporting periods, the recipient may be— (a) precluded from drawing down funds under any OR award, and/or (b) deemed ineligible for future discretionary 01P 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 on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to a cost reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods, 1 1 OW FORM 4000/2 (REV. 4-88) • • • Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of justice Programs Washington. D.0 20531 June 25, 2009 The Honorable Patricia Bates County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 -4017 Dear Chairwoman Bates: 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 Byme Memorial Justice Assistance Grant Program Local Solicitation in the amount of $3,959,880 for County of Orange. 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, Stefanie Harris, Program Manager at (202) 305 -8059; 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 askocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch II Acting Director Enclosures • €s' Department of Justice Office of Justice Programs Office for Civil Rights Washmgmn,D.C. 20331 lime 25,2009 The Honorable Patricia Bates County of Orange 10 Civic Center Plaza Santa Ana,CA 92701-4017 Dear Chairwoman Bates: Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil tights 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 0JP,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 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.P.A.pan 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 giant 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:/fwww.ojp.usdoj.gov/ocr/etibo.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 ofreiigion 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 fmancial 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,most meet two additional requirements:(I)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. H 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 8500,000 or more and has 50 or more employees(counting both full-and pan-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 EFOP specialist at OCR by dialing(202)616-3205. If your organization received an award between$25,000 and 5500,000 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 return it to OCR.The Certification Form can be found at httpJ hvww.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 Forst can be found at hnp://www.ojp.usdoj.gov/ocdeeop.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 subrecipienis 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:4www.ojp.usdoj.gov/ocri. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst • Department ofJustice GRANT MANAGER'S MEMORM"BliM,PT.I: Office oflustice Programs PROJECT SUMMARY Bur=l of Sustice Assistance e + Grant PROJECT NUMBER 2009-SB-B9-0271 PAGE 1 OF 1 This proiect it supported under FY09 Recovery Act(WA-Byrne JAG)Pub.L No.I t I-5,42 USC 3750-3758 I.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Stefanie Ha^is Susie Cabin (212)305-8059 Administrative Manager/Grams 431 The City Drive South Orange,CA 92868-3303 (714)9356869 3a TITLE OF TIDE PROGRAM ! 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 09 Recovery Act Edward B ON REVERSE) yme Memorial Justice Assistance Grant Local Solicitation I I 4.TP.LE OF PROJECT FY 2009 Recovery Act Justice Assistance Grant Program 5.NAME&ADDRESS OF GRANTEE '. 6.NAME&ADRESS OF SUBGRAIN I_in County of Orange 10 Civic Center Plaza -I Santa Ana,CA 92701-4017 7.PROGRAM PERIOD I.BUDGET PERIOD FROM: 03/012009 TO: 021282013 FROM: 03/012009 TO: 02128/2013 9.AMOUNT OF AWARD It DATE OF AWARD 3,959.880 06/5/2009 ' 11.SECOND YEAR'S BUDGET j 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT • If.SUMMARY DESCRIPTION OF PROJECT(See instruction on 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.375I(a).The stated purposes of the Recovery Act are:to preserve and create jobs and promote economic recovery;to assist those most impacted by the recession ro provide invesnnents needed to increase economic efficiency by spurring technological advances in science and health;to invest in transportation,environmental protection, and other ha rasoucture 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 end local tax inceases.The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. OE'FORM 4000,2(REV.4-88) — -- -- • Among other things,it creates a new Recovery Acr.wrnability and Transparency Board and a new websito-Recovery goy-to provide infmrnation to the public,including access to detailed information on grants and contacts made with Recovery Act funds. The Justice Assistance Gant(JAG)Program funded under the Recovery Act is the pimary provider of federal criminal justice funding to slate and local jurisdictions.Recovery JAG funds support all compo:v-ots of the criminal justice system,from multi-jurisdictional drug and gang task forces ' to crime prevention and domestic violence programs,coons,corrections,treatment,and justice information sharing initiatives.Recovery JAG feuded projects may address crime through dm provision of svvices directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes,and procederes. Orange County will share the Fiscal Year 2009 Recovery Act JAG funds with 32 jurisdictions,who in a collaborative effort to benefit the county agree to utilize$349,079.65 of the total funding to supplement the Orange County Prc-Active Methamphetamine Laboratory Investigative Team (PROACT).The County of Orange will he the fiscal agent for this award,and will utilize 9 percent of the total award for admiuiatfative costs.The remaining S3,254,411.15 will be utilized by the county and 32 tides to preserve and cream jobs,for local and state initiatives,technical assistance, • training,equipment,supplies,contractual support,information systems for criminal justice,and criminal justice-related research and evaluation activities that will improve or enhance law enforcement-specific programs, NC.ARdCF • r "ctst"' Department of Justice to s v $ t_ Office of Justice Programs Bureau of Justice Assistance Washington,DC 1053] Memorandum To: Official Grant File From: Maria A.Berry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange 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 ofJAG 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 suberantee 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 construction; 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 methatnphetamine 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 methampbetamine 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/BlAiresouree/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. • • • Attachment A Recovery Act: Edward Byrne Memorial Justice Assistance Grant GMS Application No. 2009- F1801 -CA -SB Attachment # 1 • PROGRAM NARRATIVE General Description of Program Activities: The Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes eight units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the purpose areas outlined in the grant solicitation. The thirty -three units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support and information systems for criminal justice within the following purpose areas: law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, and planning, evaluation and technology improvement. The expenditure details of the funds for each city are outlined in the following narrative. Multi- Agency Funding: In a collaborative effort to benefit the County of Orange, the thirty -three units of local government involved in this grant application have agreed to utilize $349,079.65 (approximately 8.8 %) of the total funding to supplement the Orange County Pro - Active Methamphetamine Laboratory Investigative Team, hereafter referred to as PROACT. Problem Statement: Methamphetamine is the primary drug investigated by local, state, and federal law enforcement agencies within the boundaries of Orange County. Successful clandestine methamphetamine laboratory investigations require acquired expertise and are extremely time consuming and labor intensive. Local law enforcement agencies do not have the resources, specialized training, or safety equipment necessary to conduct the specialized investigations required to combat these types of operations. The labs themselves are toxic and explosive in nature. Children of clandestine laboratory operators and meth users are often forced to live in an environment of toxic chemicals with Iasting effects on their health. The Team investigates suspected lab incidents within Orange County while maintaininga close liaison with local agencies. These agencies forward intelligence to the team for review, evaluation, and action by the Team. The multi - jurisdictional pro - active Orange County Methamphetamine Laboratory Investigation Team (OCMLIT or PROACT) functions 2009- FI801 -CA -SB Page 1 of 61 • • as the sole and highly unique "proactive" effort against the methamphetamine laboratory operators and traffickers within and having a nexus to Orange County. The OCMLIT integrates city law enforcement agencies, the Sheriff's Department, the District Attorney's Office, the Bureau of Narcotic Enforcement, and the Probation Department to conduct criminal investigations of clandestine methamphetamine laboratory operators and traffickers. The Team initiates investigations based upon intelligence received, conducts covert fixed, mobile and aerial surveillances, prepares and executes search warrants, identifies, arrests, and interrogates criminal suspects. Overall, the Team functions as Orange County's sole and unique proactive effort against methamphetamine laboratory operators with an area of focus on disrupting and arresting individuals responsible for providing the precursor and essential chemicals required to manufacture methamphetamine. Goal: The goal of the PROACT Task Force is to pro - actively seek out and eradicate all methamphetamine labs and methamphetamine in Orange County, thus providing a safer community for the residents, employees and visitors within the County. Objectives: The objectives of the Orange County Methamphetamine Laboratory Investigation Team are to: • Reduce the availability of methamphetamine in Orange County • Improve public safety in Orange County by eradicating hazardous methamphetamine labs • Identify, disrupt and arrest suppliers of methamphetamine precursor and essential chemicals Quantifiable Performance Measures: Project performance will be measured by the number of clandestine laboratory incident seizures, cases initiated, cases completed, arrests, searches, methamphetamine seized, precursor & essential chemicals seized, cases referred for prosecution, cases filed for prosecution, and convictions that are accomplished by the. Team or as a result of the Team's activities. Funding: TOTAL PROACT ALLOCATION (approx 8.8 %): $349,079.65 2009- F1801 -CA -SB Page 2 of 61 • County: The Orange County Sheriff's Department proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives #1 (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) • Vehicle mishaps continue to be the most prevalent cause of peace officer mortality in the line of duty. In a continuing effort to provide the best possible training for police officers and increase public safety we pose to purchase a Skid Car System. Goals #1: • To significantly lower the Levels of risk for all during emergency vehicle operation • To provide individualized attention in emergency vehicle operation as needed • To reduce injuries and death to officers • To reduce injuries and death to citizens • Develop superior driving knowledge to avoid situations that require superior driving skills • To minimize hazards to the public during police responses in emergency vehicles • Enhance officers sound decision making while operating an emergency vehicle under elevated stress • Activities #1: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) New Technology , • This new technology will enable law enforcement to achieve required learning objectives which were previously only achieved at higher speeds in a much higher risk environment, • Officers will develop a proactive skill set which will enable them to maintain stability of a vehicle in a high stress environment while experiencing very low risk • Officers will develop a proactive skill set to avoid the causes of front and rear wheel skids • Officers will develop a reactive skill set to employ the cures of front and rear wheel skids • Officer will be able to identify and maintain a proactive driving line while cornering • Officer will be able to identify and employ defensive driving concepts • Officer will be retrained on basic vehicle dynamics • Startup, operation and maintenance of a Skid Car System entail direct purchases from an American company. Inherent to these purchases is the contribution to saving jobs. This activity saves and creates jobs with optimal staffing for the conduct, maintenance and support of this activity set at seven personnel with a minimum staffing of five 2009- F1801 -CA -SB Page 3 of 61 • • Quantifiable Performance Measures #1: (Established by the agency to assess whether grant objectives are being met) • Reduce . incidents of liability referencing vehicle accidents by a minimum of 10% below the previous year's comparative period • Reduce incidents of preventable accidents by a minimum of 10% below the previous year's comparative period Timeline or project plan #1: (Identifying when the goals and objectives will be completed) • Purchase the Skid Car System within 60 days of JAG funding • Schedule and obtain instructor training for four instructors within 30 days of purchase of Skid Car System • Obtain usable space to conduct training at Los Alamitos Reserve Army Base in conjunction with obtaining system and instructor training • Conduct the first Skid Car class within 45 days after receipt of the new Skid Car System • Conduct two four hour classes per day four days a week • Train 1850 officers annually representing multiple law enforcement agencies within Orange County, California Project Qbjectives #2: (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The North Patrol Bureau is responsible for providing law enforcement services to the unincorporated areas of North Orange County. This region has a population base of approximately 86,000 people. It encompasses approximately (24) County Islands or Communities. The majority of these areas are bed room communities. North Patrol Deputies annually respond to approximately 42,000 calls for service. The crime trends in these county islands mirror what is occurring in the contract cities and jurisdictions that they are — surrounded — by: As with many jurisdictions, the North Unincorporated Areas has seen an increase in property crimes. Residential burglaries and theft from vehicles spiked significantly in 2008. There are two communities in the unincorporated area that have seen an increase in gang crimes and activity levels. The El Modena Area in unincorporated Orange and the area known as "The Colony" in the unincorporated area of Anaheim. North Patrol has (58) Deputies that are assigned to uniform patrol. These deputies are assigned to handle calls for service and provide preventive patrol services to the communities. North Patrol does not have any specialty teams or units to proactively address spikes in crimes. There are No Directed Enforcement Teams or Special Enforcement Teams that can be assigned to an area to address increases in property crimes or crimes of violence. North Patrol does not have an Investigative detail under the command of the North Patrol Captain. The North Investigative Unit is assigned to 2009- F1801 -CA -SB Page 4 of 61 • • investigate crimes in North Unincorporated but is assigned ancillary responsibilities as well and is often not available nor does it contain the staffing levels to address specific issues with specialty enforcement teams. North Patrol would like to create a unique Directed Enforcement Team Model for North Patrol. This team would be made up of two North Patrol Deputies. The Deputies would be selected on an as needed basis to address any issues related to enforcement. Working in conjunction with the North Investigative Bureau, this Directed Enforcement Team would be utilized when a. spike in crime is identified and a need for Directed Enforcement is appropriate. The Team would be staffed by deputies on an overtime basis funded by the justice Assistance Grant. The Team would be deployed based on the specific need. This could include Deputies on bikes, in uniform driving unmarked vehicles or when the need for high visibility patrol is called for in black and whites. Goals #2: • To have the availability to effectively respond to a spike in crime or identified law enforcement related issue. • To minimize or eliminate an identified crime trend • To reduce Part I Crimes • To increase the number of observation arrests in North Patrol • To increase preventive patrol time • To provide an increased level of service to the residents of the unincorporated North Communities Activities #2: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) • This Directed Enforcement Team could be enacted on a days notice without impacting the North Patrol Overtime budget. The overtime expenditures would be funded by the JAG • The utilization -of -both Bike Trained- Deputies - and Patrol Deputies would allow for the team to be deployed in the manner that is most conducive to addressing the issue at hand. • Deputies will be given the opportunity to develop a proactive skill set to enhance their future job opportunities • Deputies will gain valuable experience in working with investigative and specialty details during their assignment • The initial start up of this Team will not require any additional expenditure from the North Patrol budget. Equipment needed for the team is already in place and available. 2009- F180I -CA -SB Page 5 of 61 • • • Quantifiable Performance Measures #2: (Established by the agency to assess whether grant objectives are being met) • Reduce Part I Property Crimes by 5% • Increase preventive patrol time utilized during the deployment of this Directed Enforcement Team • Increase observation felony arrests by 3% Timeline or project plan #2: (Identifying when the goals and objectives will be completed) • The Directed Enforcement Team could be implemented immediately after the JAG funding has been approved. The actual deployment of the deputies would be based on the specific need. Funding: Total Allocation: $105,233 PROACT Contribution: (10 %) $10,523.30 Administrative Fee (9 %): $9,470.97 Funds Retained by County: $85,239 City: Aliso Viejo The City of Aliso Viejo proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives Maintain community preservation against crime in highly visible areas during troubled economic times. • Equip a K -9 Narcotic - Detection -unit with - patrol - capabilities for increased enforcement of drug activity. The unit will be deployed at tunes and locations where the City has experienced an increase in narcotic and drug related activity. The K -9 Narcotic Detection unit will be used to augment police services already in place and enhance patrol efforts. The K -9 Narcotic Detection unit will also be used to assist patrol deputies with search efforts for those suspected of being in possession of narcotics or drugs. Goal: Reduce the number of reported incidents and arrest violators of drug sales, possession, use of, and being under the influence of drugs. Special emphasis will be placed on community 2009- F1801 -CA -SB Page 6 of 61 • • parks, schools, and shopping centers where families and children are most likely to congregate. Activities: •. Identify locations within the City that have experienced an increase in drug activity. • Identify the days of the week and hours in which law enforcement has experienced the highest number of drug related calls or suspect contact. • Deploy a marked patrol K -9 Narcotic Detection unit with patrol emphasis on the areas and times previously identified. • Utilize the K -9 Narcotic Detection unit for use in Drug Education programs offered by the Orange County Sheriff's Department. Quantifiable Performance Measures: Maintain statistics of enforcement in targeted areas to provide the following measures: • Percent change in number of arrests for drug sales, possession, use of, or being under the influence of drugs in targeted areas. • Percent change in calls for service within the target area for narcotic activity. Timeline or project plan: Once funding is obtained from the JAG grant program, electronic equipment will be purchased and installed by agreement with Orange County Communications and the Orange County Sheriff's Department. The K -9 has already been obtained and is currently in the process of certification with its handler.. Once training is completed and the necessary equipment has been installed on the patrol unit, the team will be deployed. We anticipate training certification will be completed within 2 months. Funding: Total Allocation: $16,007 PROACT Contribution: $0.00 Administrative Fee (9.0 %): $1,440.63 Funds Retained by City: $14,566.37 2009- F1801 -CA -SB Page 7 of 61 • • Anaheim: The City of Anaheim proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The City of Anaheim, located in Orange County, California is residence to 336,471 people (2007 Census Estimate) and is home to Disneyland, the Angels, Anaheim Ducks, and The Anaheim Convention Center. In the midst of the current state of economy, the City of Anaheim has adjusted its financial strategy to compensate for budget reduction restrictions by significantly reducing the amount of overtime adopted for next fiscal year's budget and a reduction on Part -time Personnel and Part -time Reserve Officers hours to zero. We are requesting funding to preserve Part -time Employees and Part -time Reserve Officers work hours who have retired and returned to work. These positions are not to exceed 960 hours per fiscal year. These employees provide valuable services to all divisions within the APD. These positions assist with crime- prevention, investigations and community safety enhancement efforts within the City of Anaheim and for over time expenses deemed necessary at the discretion of the department. Our goal is to maintain .a safe community; however, reduction of staff could result in a negative impact on the safety of our residents and visitors. Goal: To retain Part -time Employees with multiple years of police experience and to have funding available to maintain important services provided by the police department. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Continuation of necessary work performed that adds value to the police department and maintain service levels to the community. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Maintain the response times, investigative clearances and overall efficiencies. These resources are a key component to the police department and community oriented policing by supporting established service levels. Timeline or project plan: (Identifying when the goals and objectives will be completed) Extend services over the life of the grant. 2009- F1801 -CA -SB Page 8 of 61 • • • Funding: Total Allocation: $723,162 PROACT Contribution (5.0%): $36,158 - Administrative Fee (9.0 %): $65,085 Funds Retained by City: $621,919 Brea City: The City of Brea proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable, outcomes consistent with the goals of the Recovery Act; refer to solicitation) Purchase new laboratory equipment, replace wood evidence lockers, and renovate utility room to maximize employee safety, efficiency, and preserve integrity of evidence. Goal: 1. Eliminate personnel from working on improper, porous work surfaces. 2. Eliminate /minimize the risk of industrial injuries on duty, such as those which arise from improper bending, stretching, lifting, and other stress or strain. 3. Meet legal and scientific standards in the proper handling and processing of biological evidence. 4. Reduce defense challenges in court. 5. Better maintain chain of custody. 6. More efficient use of space to improve efficiency and productivity thus reducing the need for emergency call -outs. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) 1. Expand and redefine the crime laboratory to include an Evidence Drying Section, DNA Section, and Latent Fingerprint Processing Station. 2. Purchase the proper equipment to outfit the newly created DNA Section and Latent Fingerprint Processing Station. 3. Purchase ventilated drying cabinets. Protects evidence from contamination and technicians from exposure to unknown hazards by allowing for the proper handling and drying storage of wet items. 4. Purchase stainless steel work tables, metal shelving and metal cabinets. 5. Purchase stainless steel evidence Iockers to replace the existing wood lockers. Stainless steel lockers will provide a more efficient use of space, a surface that can be cleaned to avoid cross - contamination, and greater security for the preservation of evidence. 2009- F1801 -CA -SB Page 9 of 61 • • Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Meet the legal and scientific standards in the proper handling and processing of biological evidence; to process evidence in a manner that meets safety standards for the evidence technicians; and to more efficiently identify and collect latent fingerprint evidence through the use of chemistry and light. Timeline or project plan: (identifyi when the goals and objectives will be complete) Begin construction /remodel of the present laboratory by January 1, 2010 and complete the project including the purchase and delivery of the required equipment by June 30, 2010. Funding: Total Allocation: $38,195 PROACT Contribution: $13,465 Administrative Fee (9 %): $3,438 Funds Retained by City: $21,292 City: BUENA PARK • The City of Buena Park proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The objectives for the Buena Park Police Department are to • Purchase 7 portable handheld mobile computer devices (new /enhanced and improved information system technology) for traffic /motor officers. Total cost- $96,600.00 • Provide additional funding to preserve the Police Departments' Police Service Aide program (civilian report writers) in a continued effort to reduce response times Total cost- $18,549.60 Goal: The goal in purchasing the portable hand held mobile computer devices is to improve efficiency for officers and supportstaff by II Providing staff with better efficiency to do their jobs. • Contributing to officer safety • Improving real -time communication 2009- F1801 -CA -SB Page 10 of 61 • • • • Contributing to the apprehension of wanted suspects and the - recovery of stolen vehicles • Reducing the amount of time required by an officer to issue a traffic citation and a report (more important, increasing the time available for patrol) • Reduction in the time spent to download data from citations and reports into our Records Management System (RMS) • Eliminating duplication of data entry by records department and the courts ■ Improving the accuracy and legibility of citations • The goal in providing additional funding for our Police Service Aide program is ■ To preserve jobs • Free up the time of patrol officers so they can be available to respond to emergency calls for service • Reduce response times to emergency calls for service Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) New Technology • Traffic Officers will be able to obtain data from the magnetic stripes on the violators driver's licenses and from bar -coded Vehicle Identification Numbers (VIN) • Traffic Officers will be able to check the license numbers and Vehicle Identification Numbers (VIN's) against local, state and regional databases to identify outstanding warrants for arrest • Traffic Officers will be able to print tickets on -site using the automatically captured data • Traffic Officers will be able to take simple traffic related reports in the field • All vehicle and personal data obtained in the field will be immediately downloaded into our RMS_ system and_will not require support personnel to do so at a later time Police Service Aide Program funding • Police Service Aides will continue to assist in everyday tasks of taking reports for non- violent crimes and other miscellaneous duties usually handled by patrol officers ■ Reduce the amount of reports taken by Patrol Officers and allow them to be more available for emergency calls for service • Reduce response times for Patrol Officers responding to emergency calls for service 2009- F1801 -CA -SB Page 11 of 61 • • • Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) New Technology / portable handheld mobile computer devices The purpose of this outcome measure is to improve efficiency. The performance indicator will be the number of units that report improved efficiency in the department as a result of JAG funds. Police Service Aide Program funding The purpose of this output indicator is to measure accountability. Our Police Service Aide Program (which currently receives partial funding from JAG 08' Grant funds) will receive this additional funding from the JAG Recovery Act Grant funds during this reporting period. To measure the department's performance and ensure that the goals are being achieved, the Police Department will regularly analyze response times on emergency calls for service. Timeline or project plan: (Identifying when the goals and objectives will be completed) Technology The process of issuing a citation to a violator and /or processing traffic related reports in the field should be streamlined, significantly. The data from these activities that was previously entered into the RMS system by Records personnel at a later time should be reduced significantly within the first year. This will free up staff time considerably and allow them to focus on other duties as assigned. Police Service Aide funding Continuing to fund the PSA program will continue to free up the time of our Patrol Officers and reduce response times to emergency calls. We should continue to maintain consistent response times to emergency calls less than 5 minutes within the first year of the grant period. Funding: Total Allocation: $142,160.00 PROACT Contribution (10 %): $14,216.00 Administrative Fee (9.0 %): $12,794.40 Funds Retained by City: $115,149.60 2009- F1801 -CA -SB Page 12 of 61 • • City: Costa Mesa The City of Costa Mesa proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The objectives for the Costa Mesa Police Department include: Technology to Increase Staff Effectiveness in the Field • Purchasing 20 patrol rifles for first responders; • Purchasing 20 Tasers for first responders; • Purchasing a mobile data computer and radio for vehicle deployment; • Entering a service agreement to install parcel mapping data in police helicopters; and • Enhancing current crime mapping software capabilities. Technology to Streamline Staff Time • Purchasing an inventory - control bar code system; • Implementing an online crime - reporting system; and • Purchasing four security monitors. - Goal: The primary goals of upgrading the department's technology is to enhance department and personnel function by: • Increasing staff effectiveness in the field; and • Streamlining staff time. Resultant goals will also include increasing officer safety, enhancing public awareness of and rapport with the police department, improving real -time communications, increasing police facility security, and reducing rates of recurring crimes. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Technology to Increase Staff Effectiveness in the Field • Deploy patrol rifles to provide additional firearms technology to all department first responders; • Issue Tasers to provide greater availability of less - lethal technology to first responders, and replace existing Tasers recommended for replacement; • Outfit police unit with mobile data computer and radio to increase real -time communications and allow unit deployment; 2009- F1801 -CA -SB Page 13 of 61 • • • Install parcel mapping data in police helicopters to shorten response times and to increase officer safety by allowing precision containments, and by enabling air crews to videotape the exact location of incidents; and • Implement crime mapping software to allow more staff to study crime trends. Technology to Streamline Staff Time • Use bar code system to replace old logging system and more accurately and expeditiously control property- evidence inventory; • Establish online crime- reporting system via internet and /or kiosk in the police department lobby to allow routine, non - emergency reports to be logged without the presence of a police officer, thereby increasing officer availability for emergency service calls and encouraging the public to report crime; and • Install security monitors to increase viewing capabilities of current security system. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Technology to Increase Staff Effectiveness in the Field • Keeping in line with this area's goal to increase staff effectiveness in the field, performance will be measured by the percent of affected personnel reporting improved efficiency in unit function due to JAG funds. Technology to Streamline Staff Time • Keeping in line with this area's goal to streamline staff time, performance will be measured by man hours saved. This means reporting on time saved logging property items, time taken to respond to emergency calls, and time conserved by viewing a constant visual of police depai liiient security cameras versus manually cycling through multiple camera views. Timeline or project plan: (Identifying when the goals and objectives will be completed) Technology to Increase Staff Effectiveness in the Field • First Quarter: Requisition the purchase of all items • Second quarter: Receive and implement all items • Third Quarter: Conduct staffing evaluation • Fourth Quarter: Conduct staffing evaluation, and annually thereafter Technology to Streamline Staff Time • First Quarter: Requisition the purchase of all items • Second quarter: Receive and implement all items • Third Quarter: Calculate man hours saved • Fourth Quarter: Calculate man hours saved, and annually thereafter 2009- F1801 -CA -S13 Page 14 of 61 • Funding: Total Allocation: $137,881 PROACT Contribution: $13,788 Administrative Fee (9.0 %): $12,409 Funds Retained by City: $111,684 City: Cypress The City of Cypress proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) With the current state of the economy, police staff has reorganized personnel assignments to better provide for essential police services and to reduce the use of overtime hours. As a result, the police department Personnel and Training Unit, who handles hiring, training, and related administrative duties, has had its staffing reduced by 33%. The police department has a history of on -going employment opportunities for various non -sworn and sworn positions, placing a huge demand on the unit to continually process applicants for vacant positions, while at the same time meeting training obligations. The police department also has several non -sworn positions and a police management position that are reassigned due to budgetary constraints. When these positions need to be filled, the start-up process for recruitment, testing, selection and processing will be significantly delayed without proper staffing in the Personnel and Training Unit and will hinder training obligations. The lack of support in background investigations and hiring process mandates will result in vacant positions remaining unfilled for extended periods and essential police services suffering. Goal: To hire a 960 -hour, non - benefited employee to serve in the Personnel and Training Unit, specifically assigned to handle new -hire background investigations, internal affairs investigations and other administrative duties as assigned. This would be a new position for the police department and one that has not previously been funded - no supplanting. Activities: (Which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) With the addition of a 960 -hour, non - benefited employee, the police department will be able to add staff to the Personnel and Training Unit, that will work on new -hire background investigations, internal affairs investigations and administrative duties. This 960 -hour employee can be an experienced, unemployed police officer laid off as a result of another 2009- F1801 -CA -SB Page 15 of 61 • • agency's fiscal crisis; an experienced background and /or internal affairs investigator; or a retired police officer with years of investigative experience. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Command staff intends to measure performance by assigning background and internal affairs investigations to the 960 -hour employee, alleviating these tasks currently handled by the unit sergeant and other personnel. This will allow the sergeant to focus more on recruitment and retention, and ensuring all department members maintain compliance with state- mandated training. The sergeant will also be able to focus more on shooting range management, perishable skills training and distribution of other training materials. Timeline or project plan: (Identifying when the goals and objectives will be completed) Upon receipt of grant funds, command staff will submit a Staff Report to City Council outlining appropriation of grant funds to hire a 960 -hour employee. Once authorized by Council, staff will commence the hiring process of a 960 -hour employee and will have that employee in position within two (2) months. Once in place, the 960 -hour employee will be . assigned pending, incomplete background or internal affairs investigations and other administrative duties as assigned by command staff. Funding: Total Allocation: $36,451 PROACT Contribution: $1,823 (5.0 %) Administrative Fee: $3,280. 59 (9.0 %) Funds Retained by City: $31,347.41 City: Dana Point The City of Dana Point proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives #1 Dana Point Police Services is requested and expected to attend many community and City sponsored special events. This grant will insure our agency is able to seamlessly maintain our Crime Prevention and outreach services to our community, despite mandatory budgetary reductions. This outreach will include crime prevention education to our residential and business communities, Neighborhood Watch groups, and school programs. We would also purchase a small trailer to store and transport Crime Prevention and Neighborhood Watch supplies and materials to these numerous events. 2009- F1801 -CA -SB Page 16 of 61 • • Goal #1: The goal of the program' is to maintain a highly visible program dedicated to 1) Preventing Crime, 2) Disseminating correct and realistic information about criminal activity and crime prevention, and 3) Enhancing the perception of security within the community. Activities #1: Conduct Neighborhood watch meetings, crime prevention meetings, public service announcements and the distribution of community crime alert bulletins to keep the community informed of current crime trends in an effort to better prepare the Community to take crime prevention measures. Purchase premium items to be distributed at all of these events or create crime alert bulletins in response to active crime trends in our community. The purchase of a trailer to transport tables, chairs, E -Z Ups, coolers, lights, and other equipment to these events would also be facilitated by this grant funding. • .quantifiable Performance Measures #1: . Conduct six Neighborhood Watch meetings, Six .Crime Prevention meetings, and three Community Crime Alert distributions or PSA (Public Service Announcements). Assist with the presentation of an annual Is Your Teen At Risk" community program offered in conjunction with local school district. Timeline or project plan #1: These activities will be conducted periodically throughout the year by our Community Services Unit and a quarterly sun of meetings, events, and materials purchased will be prepared. Project Objectives #2 This grant will allow us to purchase compact, high- intensity, LED flashlights for tactical use by all our officers. The flashlight is an indispensable piece of police equipment that is not supplied by the City of Dana Point. More than two out of three officer homicides, and most violent crimes occur during the hours of darkness or in diminished light. Flashlights are also an important safety tool in helping to eliminate trips, falls, and accidents in times of darkness. The company selected to provide the flashlights is an American company and the aero -space grade materials used to make the flashlights are made in the U.S.A. Goal ##2: The goal of the program is to prevent injury to officers and minimize the inherent dangers that officers face while working in the hours of darkness. Loss of productive work time due to injury can be diminished and the detection of possible criminal activity can be enhanced with effective lighting. Activities #2: 2009- F1801 -CA -SB Page 17 of 61 • • Deputies will carry the flashlights on their utility belt while working on patrol. The flashlights will serve as safety tools, enhance their ability to see and detect crime, and illuminate potential hazards to their health and safety. Quantifiable Performance Measures #2: On the job injuries during the hours of darkness will be tracked and analyzed on a yearly basis. The effectiveness of the flashlights will be evaluated based on officers' verbal reports and monthly questionnaires.. Timeline or project plan #2: Flashlights will be distributed to officers for immediate use in their patrol activities. Project Objectives #3 This grant will allow us to purchase two compact, .high - intensity, Remote Area Lighting Systems (RALS). The RALS are portable, battery- operated, "flood lights" that can illuminate large areas. The RALS are manufactured and sold by an American company located in our same geographic area. Goal #3: The goal of the purchase is to be fully prepared to provide law enforcement services to our community in the event of a natural disaster or catastrophic accident that causes a prolonged power outage. The lighting will also provide visibility and safety at the scene of major traffic accidents and other major crime scenes. The lights could also be used at any night time outdoor activity associated with neighborhood watch or community outreach programs. Activities #3: The patrol supervisor will carry these high - intensity, portable RALS in their patrol car. In the event of a natural disaster or catastrophic accident at night, the supervisors will be able to provide emergency lighting at a temporary command post or other community facility while officers deliver emergency services such as first aid, traffic control, report taking, and distribution of community resources (food, water, batteries, etc.) to those in need. The RALS will also be available to our Crime Prevention Specialist and Community Service Unit for special events and activities. Quantifiable Performance Measures #3: In the event of a natural disaster, catastrophic accident or major crime scene, a log will be kept documenting the hours of usage these RALS. A report will be prepared explaining the event and describing the need and benefit of the RALS. A similar report will be prepared 2009- F1801 -CA -SB Page 18 of 61 • • documenting their use and benefit for Crime Prevention activities or other special events requested by the City of Dana Point. Timeline or project plan #3: The RALS will be distributed for immediate use in the patrol supervisor's cars. In the event of a need for the RALS, the patrol supervisor will be contacted and he can deliver the RALS to the site of the emergency or event. Funding: Total Allocation: $24,723.00 PROACT Contribution: $N /A Administrative Fee (9.0 %): $2,225.07 Funds Retained by City: $22,497.93 City: FOUNTAIN VALLEY The City of Fountain Valley proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be Linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The objectives of this grant are to improve or increase the technical abilities of the Fountain Valley Police Department to impact crime and respond to major emergencies within the community. This will be accomplished with the purchase of the following: 1. Covert Video Cameras 2. Emergency Operations Center Upgrade 3. Crime Mapping Software The Fountain Valley Police Department uses a COMPSTAT model for analyzing crime trends and directing Police resources as expeditiously as possible. The purchase of covert video cameras and crime mapping software will allow the Police Department to more effectively direct precious Police Department resources to high crime areas. Upgrading the Department's Emergency Operations Center will allow the department to respond effectively to man -made and natural disasters. Goal: The goals of these expenditures are to reduce crime by improving the Police Department's ability to monitor, survey, and apprehend criminals, as well as improve the department's ability to respond to crisis situations such as natural disasters or civil unrest. The 2009- F1801 -CA -SB Page 19 of 61 • • underlying goal is to reduce crime. The purchase of this hardware- and software can be accomplished expeditiously since it involves existing technology and well established software and hardware solutions to create a force multiplier effect for police resources within the Police Department. The Police Department's briefing or roll call room and auditorium serve as the City's Emergency Operations Center. Upgrading the technology for this center is vital for the Police Department and other City departments to respond to major emergencies as envisioned in national and statewide standards such as NIMS or SEMS. The ability to observe, communicate and coordinate in real time with City departments and the local operational area EOC would be greatly enhanced by the purchase of well established computer and video technology. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Upon approval by the City Council, the Police Department will act quickly to purchase the hardware and software detailed in this grant. These purchases will have an immediate positive impact on the hardware and software companies which manufacture these items. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Covert video technology will greatly assist in the surveillance and apprehension of criminals. These cameras are portable and can be moved to "hot spots" as needed. The surreptitious nature of these cameras allow for Department investigators to build solid criminal cases on crimes involving graffiti, auto theft, narcotics, and gang crimes. The Department does not currently possess these cameras. Mapping software technology is also currently used by many cities in varied applications, among them engineering and crime analysis. As listed above, the City of Fountain Valley's Police Department uses a COMPSTAT model to analyze crime trends. The Police Department's Crime Analyst provides a weekly update on existing crime trends to the Patrol staff. The Department staff meets on a monthly basis to examine the prior month's crime trends and responses to those crime trends. These results are broken_ down into quantifiable categories; for example, the ability to accurately track the locations, times, and dates where graffiti is appearing in the community allows department staff to allot resources to those locations at those particular times. Since the department keeps accurate records of its current crime trends as compared to past crime trends, the impact of technology such as video cameras or crime mapping software will be easily quantifiable as it compares to our efforts in prior years. As to the improvements for the Emergency Operations Center, computer workstations and televisions monitors will allow staff to effectively respond to emergencies of many types. Recent table -top exercises within this operational area have demonstrated this Department's need to greatly upgrade this capability. Timeline or project plan: (Identifying when the goals and objectives will be completed) 2009- F1801 -CA -SB Page 20 of 61 • • Once approved at the federal level, the program will be submitted to our local City Council. Once approved at the local level, requisition and purchasing should be accomplished in the first 6 months to 1 year of the program. Funding: Total Allocation: $44,217 PROACT Contribution: $0 Administrative Fee (09.0 %): $3,980 Funds Retained by City: $40,237 Fullerton City: The City of Fullerton proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) Gang activity is a complex social phenomenon that varies by age, degree of gang involvement, and severity of offending. Risk factors associated with the probability that a young person will join a gang run across family; school, peer and community lines. Accordingly, no single program or strategy operating independently is Iikely to have a lasting effect in reducing gang activity. Comprehensive anti -gang initiatives, however, coordinate multiple approaches in recognition that each strategy plays a role toward a coordinated effort. This funding will be used for overtime, purchase of equipment, and other necessary items to support this program. Prevention: Activities designed to reduce risk- factors or increase protective measures among the entire population of youth and families in communities with significant levels of gang activity. These include programs and services intended to decrease the likelihood of joining a gang among youth who have not yet displayed problem behavior. Intervention: Community based programs that balance the delivery of services and educational opportunities with supervision and accountability. Intervention services typically involve outreach to youth and families already involved and affected by gang activity. Suppression: Community- oriented and problem- oriented policing strategies with an emphasis on gangs and collaborative enforcement strategies involving probation, parole, and prosecution to target gang offenders, gang leaders; and serious violent offenders. • 2009- F1801 -CA -SB Page 21 of 61 • • Goal: Create opportunities in the community through multi- disciplinary collaborations for disconnected youth to recognize and participate in alternatives to anti- social behavior Intervene in the lives of at risk youth redirecting them to pro - social behaviors. Personally hold accountable those seeking to employ intimidation and fear to exert their influence on youth to engage in illegal acts. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Conduct community Gang Awareness presentations to impacted /affected groups. Establish an educational program at neighborhood community centers for at risk youth focusing on the negative outcomes for those involved in gangs emphasizing positive alternatives, decision making, peer resistance and service toward the community. Increase the number of lawful police contacts with known and suspected gang members to gather intelligence regarding recent incidents, identify and document new gang members, arrest repeat offenders and arrest individuals responsible for the commission of new crimes. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Conduct (12) Gang Awareness presentation. Establish (2) community outreach gang prevention programs. Identify and include fifty at risk youth for participation_in -the program. Identify and document (15) new gang members. Conduct sixty probation /parole searches relating to gang activity within the city. Reduce gang related crimes by 10% over the previous year's comparative evaluation period. Timeline or project plan: (Identifying when the goals and objectives will be completed) First Quarter: Conduct three Gang Awareness informational meetings. Conceptualize and develop two gang prevention program operating procedures, objectives and goals with input from other City departments and community groups. Publish program guidelines and schedules for 2009- F1801-CA -SB Page 22 of 61 i. • dissemination to target referrals. Quantify number of new gang members identified and probation /parole searches of known gang members. Prepare quarterly report. Second Quarter: Conduct three Gang Awareness informational meetings. Quantify at risk youth participating in program. Qualify veracity of program through self - reports from participants. Quantify number of new gang members identified and probation /parole searches of known gang members. Prepare quarterly report. Third Quarter: Conduct three Gang Awareness informational meetings. Quantify at risk youth participating in program. Qualify veracity of program through self - reports from participants. Quantify number of new gang members identified and probation /parole searches of known gang members. Prepare quarterly report. Fourth Quarter: Conduct three Gang Awareness informational meetings. Quantify at risk youth participating in program. Qualify veracity of program through self - reports from participants. Quantify number of new gang members identified and probation /parole searches of known gang members. Quantify reduction of gang related crimes. Prepare final report documenting attainment of goals and impact of efforts. The goals and objectives outlined above will be instituted immediately upon receiving the financial allocation. The performance measures will be reviewed quarterly in order to maintain accountability and sustainability. Funding: Total Allocation: $210,150.00 PROACT Contribution: $21,015.00 Administrative Fee (9 %): $18,914.00 Funds Retained by City: $170,221.00 City: GARDEN GROVE The City of Garden Grove proposes to use the 2009 Justice Assistance Grant funding as follows: Problem Statement: Garden Grove Police Department personnel currently hand write, type or dictate all crime and arrests reports and field interviews. All documents are produced, maintained and distributed as "hard copy" documents. Document creation, approval, control, distribution, 2009- F1801 -CA -SB Page 23 of 61 • • filing, and data entry are costly and labor - intensive processes for officers and support personnel. Project Objectives: • Simplify report writing by minimizing routine paperwork and redundancy • Minimize training requirements by replicating existing processes and forms • Increase integration with disparate systems through standardized interfaces • Improve quality of data through pre- submission validation • Eliminate redundant data entry • Expedite data entrance into Department records management system and adjunct downstream systems • Maximize officer presence in field • Protect existing and future technology investments • Reduce clerical backlog • Enhance customer service through online citizen reporting Goal: Enhance information management and operational efficiency in the Garden Grove Police Depai Lucent through implementation of an automated report writing system, creating a reduction in report completion time, improvement of reporting accuracy, greater customer service to the public through the reduction of report completion time and availability of on- line reporting, reduction of the amount of personnel and resources required to process reports, and an increase in time for patrol and investigative personnel to provide direct law enforcement services. Activities: Equipment /Supplies - Implement an automated report writing system to improve the efficiency of processing and storing crime and arrest reports and field interviews. Contractual Support - Contracted entities will scan and process all existing hardcopy and microfiche files and purge /destroy original archived documents. Activities (continued): Training - Trainers and end users will receive training on the use and maintenance of the automated report writing system, utilizing customized training materials. Personnel - Officers and. Desk personnel will enter all crime and arrest reports and field interviews via the automated report writing system. The public will be able to submit 2009- F1801 -CA -SB Page 24 of 61 • • crime reports meeting select criteria via a web -based application, both remotely and from a reporting kiosk located in the Department's lobby. Victims may also purchase traffic accident reports via the reporting kiosk. Information Systems for Criminal Justice System - Survey and evaluate the project Quantifiable Performance Measures: Activity :Quantifiable Performances Equipment /Supplies • Research, purchase and customize software • Design custom forms, security, validation tables, routing • Integrate third -party systems with Records Management System • Purchase hardware and peripherals • Integrate network, connecting to annex facilities and MCTs Contractual Support • Contract for scanning /processing all hardcopy and microfiche homicide and archived historical files • Contract for purge /destruction of processed /archived files Training • Develop training program /materials for trainers and end users • Train end users • Evaluate training Personnel • Increase report turnaround time /availability from 72 hours to 48 hours or less • Achieve a 75% decrease in keyed data entry of crime reports and arrest reports • Reduce data entry error rate through internal systems validation • Achieve a 75% decrease in hardcopy report distribution • Reduce walk -in reporting and report requests through online access to citizens for select crime reporting and availability of lobby reporting kiosk Information Systems for •. Conduct in -house post - implementation survey Criminal Justice System • Conduct citizen satisfaction survey • Produce executive summary Timeline or project plan: Objective Date RFP Preparation and distribution Months 1 -6 Product demonstration /site visitation Months 1 -6 2009- F1801 -CA -SB Page 25 of 61 • Vendor evaluation /selection process Months 1 -6 • Procurement Months 7 -9 System and interface design and analysis Months 10 -14 Hardware and software installation Months 10 -14 Form design, training and implementation Months 10 -14 Develop trainer training program /materials Months 10 -14 System and interface testing /validation . Months 15 -18 Beta /acceptance test system Months 19 -21 Correct /refine system Months 21 -23 End user training Month 24 System deployment Month 25 Launch online citizen reporting Month 25 Parallel system testing Months 25 -30 Post - implementation evaluation Months 31 -32 Scan /process document backlog Months 32 -34 Conduct in -house post - implementation survey Month 35 Conduct citizen satisfaction survey Month 35 Produce executive summary Month 36 Funding: Total Allocation: $330,439 PROACT Contribution (10 %)$ 33,044 Administrative Fee (9.0 %) $ 29,740 Funds Retained by City: $267,655 City: Huntington Beach The City of Huntington Beach proposes -to use the 2009- Justice Assistance Grant funding as follows: Project Objectives The Huntington Beach Police Department High Tech Unit is in need of a storage server, upgrade forensic software and new computers. These are essential equipment to keep the High Tech Unit up to date for the field and investigation operations of the department. Personal computers are getting bigger and faster in terms of storage of information. The unit currently archives their cases to CD or DVD, which is proving inefficient in time and cost. 2009- F1801 -CA -SB Page 26 of 61 • • We have tested flashlights that are lighter in weight, illuminate brighter and contain energy efficient batteries. This equipment will better serve the needs of our .employees and will replace the current flashlight being issued. The Traffic Bureau has sent two officers to the CHP commercial enforcement course. We have been working on a regular basis, as part of a commercial enforcement task force. Currently, the vehicle being used lacks updated safety equipment. It has no airbags and the team has no required equipment for commercial enforcement. Our commercial enforcement officers currently rely on .outside agencies for proper equipment and assistance. Currently, we have two Total Station Mappers. We have experienced both maintenance and break- down.issues that has left the Traffic Bureau with no measuring device for fatal collisions or homicide investigations. This new purchase of mapper would provide a back- up source when the current units are down for maintenance or software problems. Goal: Purchase new equipment in an effort to provide more efficient lighting equipment, up to date computer hardware and software, and safety equipment Activities: This equipment can be purchased once funding is allocated pursuant to the grant conditions. This will allow locally generated revenue to be spent on maintaining essential services to the community. Quantifiable Performance Measures: The time and money currently expended on data storage and archiving will be completely eliminated with the purchase of a new storage server, software and computers. Reduce the number of times a flashlight is deployed as an impact weapon by 10 %. The Traffic Bureau continues to support the commercial enforcement task force with the updated safety equipment. Reduce Officers' time spent at collision scene or shooting crime scene. • Timeline or project plan: The initial purchase and distribution of equipment will be completed by September 2010. 2009- F1801 -CA -SB Page 27 of 61 • • Funding: Total Allocation: $197,946 PROACT Contribution: $19,795 Administrative Fee (9 %): $17,815 Funds Retained by City: $160,336 Irvine City: The City of Irvine, Police Department proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The Irvine Police Department is proposing that we utilize 2009 JAG Recovery funds to contract with CSP - Victim Assistance Programs to provide a part -time dedicated Family Violence Victim Advocate. This advocate would report to Investigations supervisory personnel and would be provided with work space in Public Safety. The objective of this program would be to improve our overall service to victims. A dedicated victim advocate would enable us to be more responsive to victim needs and personalize service as necessary. Community Service Programs (CSP), Inc. - Victim Assistance Programs is a non organization, designated by the Board of Supervisors as the victim service provider for Orange County. Victim Assistance Programs is contracted to provide services to the Orange County District Attorney's Office. In addition, every Orange County law enforcement agency contracts with Victim Assistance Programs to provide counseling and support to victims of sexual assault. Currently, Victim Assistance Programs has subcontracts with Huntington Beach Police Department and the Orange County Sheriff's Department to provide dedicated Family Violence Victim Advocates. These advocates work out of these respective police departments headquarters buildings. Victim Assistance Programs also assigns two advocates to the Anaheim Family Justice Center, where they collaborate with police officers, deputy district attorneys and other stakeholders. In order to provide services which are appropriate to the needs of crime victims, all CSP Victim Advocates are required to have a Bachelor's Degree or extensive related experience. The State of California requires each Victim Advocate to complete the training listed below as specified in Penal Code 13835.10: ■ Entry Level Victim Advocate Training (40 hours) within one year of employment • Advanced Level Victim Advocate Training (40 hours) within three years of employment 2009- F1801 -CA -SB Page 28 of 61 • • CSP Victim Assistance Programs requires the following additional training: • Sexual Assault Counselor Training - Certified by the State of California (48 hours) • Domestic Violence Counselor Training - Certified by the State of California (40 hours) • At least 24 hours of yearly in- service training • A portion of these funds would also be used to create and publish enhanced Victim Resource Guides /Brochures that will contain valuable information related to victim services, support and resources. Goals: The specific goals of a dedicated Family Violence Victim Advocate include: • Enhance our ability to connect victims of family violence, sexual assault and other violent crimes with timely counseling, resources and referrals. • Streamline the process to refer victims to advocates. • Lead and direct the efforts of our dedicated advocate, based on the immediate needs of our community or individuals. • Personalize and tailor victim services based on individual needs. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) • Crisis Intervention - counseling, reassurance and support immediately following a crime and in the following days. • Victim Advocate ride -a -longs with Patrol Officers - designed to provide immediate, on -scene crisis intervention services for victims who have just - reported domestic violence, sexual assault and other violent crime. • Emergency Assistance meeting the immediate needs of victims, for example food, clothing, shelter and /or medical attention. • Orientations to the system - explaining the criminal justice system, including information about individual cases. • Accompanying victims to court - to provide support and information during court hearings and trials. • Property return - assisting in the prompt return of property booked as evidence. 2009- F1801 -CA -SB Page 29 of 61 • • • Restitution assistance - helping victims obtain court- ordered restitution from convicted offenders. • Filing Victim of Crime State Compensation Claims - assisting the victim and eligible family members in preparing and submitting application forms to receive funds from the State Restitution Fund. • Temporary Restraining Orders - Assisting victims of domestic violence to obtain court ordered protection. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) The Irvine Police Department intends to quantify the success of the program by actively tracking the following performance measures: • Number of Victim Resource Guides /Brochures distributed. • Number of victims served by the dedicated advocate, as compared to number of victims served prior to the dedicated advocate. • Amount of restitution secured for our victims, as facilitated by the dedicated advocate. • Number of restraining orders obtained for our victims, as facilitated by our dedicated advocate. Timeline or project plan: (Identifying when the goals and objectives will be completed) Goals and objectives of the program are to be completed within one -year of receiving 2009 Justice Assistance Grant. The advocate will be tasked with fulfilling the objectives based on the needs of the community and individual victims. Funding: Total Allocation: $66,563.00 PROACT Contribution: (10 %) $ 6,656.30 Administrative Fee (9.0 %): $ 5.990.67 Funds Retained by City: $53,916.03 2009- F1801 -CA -SB Page 30 of 61 • • City: LA HABRA The City of La Habra proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The La Habra Police Depai tinent will purchase and equip each officer with a ballistic Helmet and face shield. The La Habra Police Department will purchase and equip each officer with a taser and carrying equipment. Goal: The La Habra Police Department will equip each of its police officers with a ballistic safety helmet with face shield and a taser with carrying equipment to enhance officers' safety while they prevent and reduce crime and violence. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Order and purchase safety equipment in America. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Currently, La Habra Police Officers are not issued their own helmet or taser. Each officer will receive safety equipment (purchased in America) consisting of a ballistic helmet with face shield and a taser with carrying equipment. Timeline or project plan: (Identifying when the goals and objectives will be completed) Upon funding authorization, the safety__ equipment will be ordered, purchased in America and issued to each officer as soon as possible and then seek JAG funds for reimbursement from the County of Orange. Funding: Total Allocation: $92,079.00 PROACT Contribution: (10.0 %): $9,208.00 Administrative Fee (9.0 %): $8,287.00 Funds Retained by City: $ 74,584.00 2009- F1801 -CA -SB Page 31 of 61 • • City: La Palma The City of La Palma proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The objective of this grant is for the La Palma Police Department to create a part -time position, titled Police Service Aide (PSA). The scope of work would include performing a variety of general officer, field and clerical support duties for the police department. This position would support police department personnel in property control, counter, and telephone assistance, specializing in the nature of the work provided by the police department. Goal: The goal in creating this new part -time position would be to provide assistance to the everyday duties within the police department. The PSA position would relieve the burden from police officers, dispatchers and records clerk as they perform their daily duties. The PSA would help in making the police department more effective, as well as completing tasks not required of sworn uniform personnel. This would be creating a new position within the police department, resulting in stimulating economy, though small in degree, meaningful to the person selected to fill this position. This position would be in compliance with section 1602 of the Recovery Act, maximizing our job creation resulting in an economic benefit within our community. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) With the amount of the grant, we will hire one part -time person to be_ assigned to the Operations Division. This will be a Police Service Aide position, responsible for daily duties including but limited to, the following: to perform general officer duties in support of the police department; represent the department to callers and visitors in a professional and effective manner; assist the public in filling out forms, answering questions and assist the public by supplying information on department policies and procedures; establish and maintain records and control of department property and evidence; transporting vehicles for service; and, conduct a variety of miscellaneous duties, such as delivery or pick up of documents and property throughout the county. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) The objectives will be measured by the creation of the part-time position of Police Service Aide. This position will work 20 hours per week, during normal business hours, assisting 2009- F1801 -CA -SB Page 32 of 61 • full -time personnel in their daily duties. The Police Service Aide will report directly to the Watch Commander for daily assignments. The Watch Commanders will provide oral and written performance evaluations, providing direction as well as feedback regarding if the objectives are being met. Timeline or project plan: (Identifying when the goals and objectives will be completed) The expectation is for the position to be filled within the first six months of the fiscal year, 2009/2010. After a relatively short training period, the department should experience the anticipated costs and time savings in having the additional part-time position assisting in the daily operation of the police department. Funding: Total Allocation: $14,264 PROACT Contribution: (10 %) $1,426.40 Administrative Fee (9 %): $1,283.76 Funds Retained by City: $11,553.84 City: LAGUNA BEACH The City of Laguna Beach proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) 1) To equip motor officers with the most technologically advanced laser radar devices. 2) To utilize the equipment's measuring capabilities for investigative and civil purposes. These Lidar units are capable of complex laser measuring of crime and - accident scenes. The electronic information is stored in the unit and can be downloaded in order to draw a map of the scene. 3) To lower the amount of collisions resulting from speeding vehicles. • Goal: The police department currently owns a limited number of antiquated speed monitoring devices for enforcement purposes. Budgetary constraints have not afforded the department the opportunity to keep pace with the latest advanced technology available. Therefore, these devices are nearly twenty years old with just 30% of the capabilities of the most current speed monitoring units. 2009- F1801 -CA -SB Page of61 • • The department's biggest issue, when its officers use this equipment, is that officer time is commonly spent trying to fix the units. Then they must go to court and waste valuable time going through the repair records because the accuracy is often challenged. Newer devices have electronic downloads which produce easy to read summaries on unit activity and functionality. As mentioned, these newer units also allow the officers and detectives to map out crime or accident scenes with pinpoint accuracy. These measurements are downloaded into a program to produce maps and other documents used for court purposes. Economic benefits to the community and City are decreased officer time in court, or in the station trying to fix this old equipment. The officers can be in the field more often and responding to citizen calls for service. Another direct economic benefit to the purchase of the equipment is that the advanced mapping capabilities allow for less time spent on litigation issues. Commonly, the City will get sued when a major traffic accident occurs. The investigators of these collisions spend many hours giving depositions, testifying in court and meeting with City attorney's going over the chain of events. The Lidar units will cut down on this time because of the advanced laser mapping capabilities. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) 1) Purchase three new laser Lidar units (approx. $6,000 each + tax) 2) Train the officers and assign a specific unit to the detective division and two to the traffic unit 3) Monitor the performance measures for one year in order to determine the economic benefits. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) The performance measures for this grant are: 1) Decrease in expenditures associated with the repair and maintenance of the antiquated speed monitoring devices. 2) After all field officers have been trained and equipped with new Lidar devices; an assessment of officer activity versus accident ratio will begin. 3) Litigation expenses will be tracked (as outlined in the goal area). Timeline or project plan: (Identifying when the goals and objectives will be completed) 2009- F1801. -CA -SB Page 34 of 61 • 1 Upon receipt of the funding, the Lidar units will be purchased 2) Staff will be trained upon receipt of the equipment 3) Performance measures will be tracked for the twelve month period following the expenditure. Fundins: Total Allocation: $22,505.00 PROACT Contribution: $ 2,250.50 Administrative Fee (9 %): $ 2,025.45 Funds Retained by City: $ 18,229.05 Laguna Hills City: The City of Laguna Hills proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) Objective 1: The objective of these funds will be to improve communications for Field Operations Personnel, especially in times of disaster, both man -made and natural. The improvements will be accomplished through the purchase of pac -set radios, chargers and EarPro earpieces. Objective 2: Field Operations Personnel will be sent to California P.O.S.T. certified /mandated training relating directly to their professional development and continuing education. Goal: Goal 1: Improve communications capabilities of Field Operations Personnel during disaster situations. Goal 2: Provide training to Field Operations Personnel in order to meet training requirements and provide continued professional training. Activities: (which can be started and completed . expeditiously, and in a manner that maximizes job creation and economic benefits) Immediately order, through Motorola, the radios, batteries and chargers for purchase and delivery to the City of Laguna Hills Police Services. Purchase of these radios will be completed with a dealer located in California and will provide needed capital to the economy of this state. 2009- F1801 -CA -SB . Page 35 of 61 • • Purchase through SureFire (a Southern California based company), 30 EarPro earpieces (for each member of Field Operations including Investigators) to be delivered to the City upon completion of purchase order. Again, a needed influx of capital into the state's economy. Assign personnel to training fulfilling educational requirements of the Law Enforcement profession. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Determine whether or not the City has received the Pac Set radios, chargers and batteries from Motorola and making the radios available to Field Operations Personnel. Determine whether or not the City has received the EarPro earpieces from Surefire and assigned them to Field Operations Personnel. Determine how many Field Operations Personnel have been sent to training and what the training consisted of Timeline or project plan: (Identifying when the goals and objectives will be completed) Goals to be completed by the end of the Calendar year 2009. Funding: Total Allocation: $24,565 PROACT Contribution: $0 Administrative Fee (9 %): $2,210.85 Funds Retained by City: $22,354.15 City: Laguna Niguel The City of Laguna Niguel proposes to use the 2009 Justice Assistance Grant (JAG) funding as follows: Project Objectives: Project Objective #1 is to purchase (4) binocular style state of the art Lidars for speed enforcement. We will provide one Lidar for each of the City's three motor deputies and one Lidar that will be shared between our two traffic unit deputies. Motor and traffic deputies will possess the best equipment available to conduct speed enforcement while existing speed enforcement equipment can be used by trained patrol deputies. 2009- F1801 -CA -SB Page 36 of 61 • • Project Objective # 2 is to purchase approximately (4) visual displays and supplemental learning materials for our drug education program. These visual aids and materials be used to illustrate the detrimental effects of various types of drug use. Our objective is to use these displays to create a learning environment that is interesting and thought provoking to the students being taught and will hopefully prevent future drug use. Project Objective # 3 is to purchase (3) additional police patrol bicycles which will be added to the city's current fleet. The purchase of these bicycles will allow us to add an additional two deputies to the current team of four deputies and one sergeant. Two of our older bicycles (lack shock absorbers) will be replaced for patrols, but still will be used for training purposes. Our objective is to provide the new patrol bicycles to our current bike team which will be deployed typically at city events and expanded elsewhere as needed. Use of the new patrol bicycles should allow bike patrol deputies to have fewer mechanical breakdowns. We also would like to deploy these bike patrol teams for higher visibility and greater access to areas where there are crowds and there is limited access for police units. Project Objective #4 is to purchase portable, battery powered, high resolution, covert camera systems to be used in monitoring areas of high criminal activity such as: graffiti, vandalism, thefts from vehicles, and vehicles burglaries. Our objective is to use the surveillance cameras as way of proactively trying to apprehend criminal offenders who target certain areas of the city. Specific crimes that will be concentrated on (but are not limited to) will be graffiti, vandalism, thefts from vehicles, and vehicle burglaries. Goals: The Goals for the projects are as follows: 1) The goal for project #1 is to reduce the number of speed related accidents in the city and increase the traffic index rating. 2) The goal for project #2 is to enhance the drug education program for school children who reside in the City of Laguna Niguel. 3) The goal for project #3 is to provide for higher visibility and better patrol access capabilities by using /increasing bicycle patrols. 4) The goal of project #4 is a greater apprehension rate of targeted criminal offenders. Activities: All of the project objectives involve the purchasing of new equipment which -will increase the overall effectiveness of our current law enforcement activities and drug education program. The equipment purchases will be items that can be put to use immediately (with the possible exception of drug education materials as these items will most likely be delivered during the summer break from school). A great effort will be made to purchase equipment items only from American companies that manufacture the equipment items desired. This will infuse some needed capital into the American economy and will keep employees of American manufacturing companies employed. It will help American businesses to maintain status quo during tough economic times or possibly even expand. Local businesses in the City of Laguna Niguel will also be researched and given preference for equipment purchases to help the local economy of the city. 2009- F1801 -CA -SB Page 37 of 61 • • Quantifiable Performance Measures: Project #1: Lidar speed enforcement equipment Measure: The traffic enforcement index number will be examined for the City of Laguna Niguel and will be checked monthly using the statistical data provided by the City. An annual rise of 1 -2 % points in the annual enforcement index would be desirable. The use of this new equipment by the deputies in the field will likely allow the employees of the manufacturing company to stay in their current positions. The three motor deputies and two traffic deputies will maintain their current positions as long as traffic enforcement is conducted effectively. Using this new state -of- the -art equipment will help them conduct their enforcement more effectively. Project #2: Visual displays /materials for drug education program Measure: The school drug education deputy will compile a quarterly report reflecting on comments and feedback from the school children regarding the displays /materials used in the course of study. The use of the visual display equipment will likely allow employees of the manufacturing company stay in their current positions. The use of the display equipment by the school drug education deputy will enhance the program effectiveness by making it more appealing for students and will hopefully preserve the drug education deputy's position in the future as parental demand for the program stays intact or hopefully increases. Project #3: Police Patrol Bicycles Measure: Deploy increased bicycle patrols in the city and monitor citizen feedback of bicycle patrols. Keep track of statistics related to the patrols including: 1) Arrests 2) Citations and 3) Citizen contacts. Additional training for the projected two new bike patrol deputies needed will likely preserve the positions of the bike team trainers. The deputies that participate in the bike patrol will have advanced training which will increase their overall value to the department and should preserve their positions at a time when patrol positions are being considered for cuts. If their positions should be cut, their future employment opportunities should be enhanced by the training and experience in using the equipment. Project #4: Deploy camera systems in targeted areas in the city where there are known patterns of criminal activity. Measure: Monitor the number of arrests and cases solved in conjunction with the system as well as filings and convictions for identified crimes. Look at numbers of specific targeted crimes before and after deployment of the camera system and examine possible deterrent effects. The use of this equipment will likely preserve the positions of the employees of the manufacturing companies who designed, constructed, marketed, and sold the purchased equipment items. investigators using this portable surveillance equipment will hopefully increase their effectiveness at operating this equipment, but also increase their effectiveness in solving /prosecuting crimes which ultimately will help preserve their positions in the future. 2009- F1801 -CA -SB Page 38 of 61 • • Timeline or project plan: Once funding is obtained from the JAG grant program, equipment items identified will be purchased after a final cost comparison is made. We expect that the orders will be made for all products listed within 2 weeks to a month of receipt of the grant award. These equipment items will be deployed and put to use soon after they are delivered and monitoring of these items is expected to begin with two months of receipt of the funding provided. Every effort will be made to purchase products that are manufactured in the United States. Distributors /Businesses that offer some of the selected equipment items located in the City of Laguna Niguel will also be given preference. Quarterly reports on the use of the equipment and the effectiveness of the projects will be evaluated and submitted. Funding; Total Allocation: $25,833 • PROACT Contribution (10 %): 2,583.30 Administrative Fee (9 %): $2,324.97 Funds Retained by City: $20,924.73 City: Lake Forest The City of Lake Forest proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives The purpose of Lake Forest's Intelligence -led Policing and Preparedness Program is the reduction of criminal activity and injury traffic collisions through the use of a crime analysis and mapping software program. This program provides law enforcement management with timely data which allows them to most effectively deploy departmental resources. This effective use of resources is intended to deter and prevent various forms of criminal activity and injury traffic collisions through the use of effective personal deployment, directed - enforcement operations, saturation patrols, and undercover operations in support of this program's goals. • Goal: Lake Forest Police Services personnel will use crime mapping software and emergency planning software in conjunction with intelligence -based mapping information on known criminals to monitor and respond to crime trends and patterns. In addition, this information will be used to make daily deployment decisions in order to maximize the effectiveness of personnel. Use the predictive components of the software to take preventative measures that directly affect crime trends and the quality of life for the citizens of Lake Forest, as well as emergency and tactical planning for law enforcement response to businesses and other high profile targets within the city. 2009- F1801 -CA -SB Page 39 of 61 • • Activities: The implementation of this program includes the provision of useful data to investigators by allowing a query for incidents within a particular geographic area, the ability to filter crime statistics and identify occurrences by category, and create density maps allowing management to focus deployment in the affected areas. In addition, Lake Forest's Terrorism Liaison Officers will develop and implement emergency /tactical plans for businesses, schools, and other targets to enhance our emergency response. Quantifiable Performance Measures: The intended result of the Intelligence -led Policing and Preparedness Program is the reduction of criminal activity and injury traffic collisions by using the data generated by deploying personnel and addressing crimes trends. Through deployment techniques developed through the analysis of the collected data, there is an intended reduction in the occurrences of criminal activity as well as injury traffic collisions. A desired outcome for emergency response planning is the preparation of plans for identified high - profile targets of crime or terrorists threats. Timeline or project plan: (Identifying when the goals and objectives will be completed) July 2009 - Purchase, install and train Lake Forest Police Services personnel on the Intelligence -led Policing and Preparedness Program. August 2009 through June 2010 - Implement the procedures of the Intelligence -led Policing and Preparedness Program and effectively utilize the information provided by the program to reduce criminal activity. Funding: Total Allocation: $49,288 PROACT Contribution: $4,929 Administrative Fee (9.0 %): $4,436 Funds Retained by City: $39,923 City: Los Alamitos The City of Los Alamitos proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) This grant will provide funding for the Police Department to preserve part -time frontline police services which, due to the city's mandatory budget reductions, were reduced at mid- year. The FY2008/09 police budget for part -time personnel was reduced by $42,980 (approximately 1.32 FTE), severely impacting service levels in patrol, investigations and 2009- F1801 -CA -SB Page 40 of 61 • • support functions. This funding will lessen the impact of other budget reductions in the department by re- establishing and ensuring appropriate service levels in these areas. Goal: The goal of this program is to enhance security within the community by: 1. Maintaining response times; 2. Augmenting patrol and special events with additional patrol officers 3. Providing timely investigative follow -up; and, 4. Ensuring the integrity of the reporting process and sustaining up -to -date records management. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Reinstatement of personnel to: 1. Augment the patrol function; 2. Investigate fraud cases and paper crimes; and, 3. Provide efficient and timely service to residents and victims of crime Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Increase part -time hours by .33 to .43 FTE (Full -time Equivalent) to be distributed as follows: 1. Increase hours for Reserve Officers assigned to patrol by 260 to 446 /year. 2. Increase hours for part -time investigator up to 260 /year. 3. Increase hours for part-time police service aide up to 285 /year. Timeline or project plan: (Identifying when.the_goals.and objectives_ will be completed) The reinstatement of these hours and services will be in effect for fiscal year 2009 -10. Funding: • Total Allocation: $13,313 • PROACT Contribution: $1,331 Administrative Fee (9.0 %): $1,198 Funds Retained by City: $10,784 2009- F1801 -CA -SB Page 41 of 61 • • City: Mission Viejo The City of Mission Viejo proposes to use the 2009 justice Assistance Grant QAG) funding as follows: Project Objectives: Project Objective #1 is to purchase (1) new Police Cruiser for undercover surveillance and covert investigative work. This Police Cruiser will be utilized by investigators to conduct surveillance, track and observe possible suspect(s), gather vital information on individuals involved in criminal activity, vehicles used by these individuals, potential hideouts, and to ascertain methods and habits of those involved in criminal activity. Our objective is to facilitate effective covert investigations by utilizing this cruiser to enhance the observation ability of investigators while maintaining the integrity of the investigation and providing for adequate officer safety. Project Objective # 2 is to utilize remaining funds left over from the purchase of the undercover vehicle (Objective #1) toward funding of additional overtime staffing. Our objective is to utilize this additional staffing for pro - active enforcement techniques when appropriate in areas affected by criminal activity in order to increase arrests and reduce crime that is a product of the current economic downturn. Additionally, our objective through these patrols is to strive to prevent and reduce the occurrence of crime in commercial and residential areas in an effort to foster an atmosphere of job creation and positive economic growth. Goals: The Goals for the projects are as follows: 1) The goal for project #1 is to enhance the ability of investigators to solve crimes, conduct covert investigations, and apprehend suspect(s) through the use of a police cruiser. 2) The goal for project #2 is to increase arrests and reduce / prevent crime in areas negatively affected by criminal activity through the use of additional pro- active enforcement personnel on overtime. Activities: Our project objectives involve the purchasing of a new police cruiser and staffing additional pro - active law enforcement personnel. The vehicle (when purchased) can be put to use immediately. The purchase of the new vehicle will help to stimulate the economy. Enforcement personnel for pro- active patrols are readily available and can be utilized immediately. Quantifiable Performance Measures: Project #1: Police Cruiser Measure: The number of burglaries and thefts in the city will be tracked and analyzed for trends. Investigators will target areas both residential and commercial that are experiencing an increase in reported property crimes. The number of cases cleared by arrest and the amount of stolen property recovered in these crimes will be tracked to 2009- F1801 -CA -SB Page 42 of 61 determine and insure that the use of the undercover vehicle is an asset to investigators and is being utilized in the most effective manner. Additionally, the number of burglaries, thefts and petty crimes will be tracked to determine if they are decreasing Project #2: Additional enforcement personnel staffing to reduce / prevent crime Measure: The utilization of additional pro- active enforcement personnel in crime affected areas will augment investigators as they work to prevent and reduce instances of burglaries, thefts and other related crimes. The reduction in these crimes will serve as a measure for the success of the additional patrols. Timeline or project plan: Once funding is obtained from the JAG grant program, the appropriate vehicle will be purchased after a final cost comparison is made. We expect that the order will be made for the vehicle within a month of receipt of the grant award. The vehicle will be deployed and put to use soon after it is delivered. The vehicle purchase will help to stimulate the U.S. economy. Funding: Total Allocation: $41,523 PROACT Contribution: (10 %) $4,152 Administrative Fee (9 %) $3737 Funds Retained by City: $33,634 City: Newport Beach The City of Newport Beach proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) This grant will insure our agency is able to seamlessly maintain our Crime Prevention services to our Community, despite mandatory budgetary reductions. This will include crime prevention education to our residential and business communities, Neighborhood Watch groups, and school programs. Goal: The goal of the program is to maintain a highly visible program dedicated to 1) Preventing Crime, 2) Disseminating correct and realistic information about criminal activity and crime prevention, and 3) Enhancing the perception of security within the community. 2009- F1801 -CA -SB Page 43 of 61 • • Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Conduct Neighborhood watch meetings, crime prevention meetings and the distribution of community crime alert bulletins to keep the community informed of current crime trends in an effort to better prepare the Community to take crime prevention measures. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Conduct six Neighborhood Watch meetings, Six Crime Prevention meetings, and three Community Crime Alert distributions. Assist with the presentation of an annual "Keep Your Teen Safe" community program offered in conjunction with the Newport Mesa Unified School District. Timeline or project plan: (Identifying when the goals and objectives will be completed) This Crime Prevention Specialist position will be continually funded throughout the life of the grant. Funding: Total Allocation: $67;197.00 PROACT Contribution: $ 6,719.70 Administrative Fee (9 %): $ 6,047.73 Funds Retained by City: $54,429.57 City: City of Orange The City of Orange proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) Digital Information Management System: The cost of this system is approximately $54,000.00. The implementation of this project will enhance our ability to acquire and adequately and securely store digital evidence related to crime. Video Production System: The cost of this system is approximately $15,000.00. The Police Department is required to provide State - mandated levels of training to its employees. This is currently done in a traditional classroom format where the instructors are required to teach the same material repeatedly to different groups of employees. Officers are taken out of service to attend training sessions. This proposal will allow instructors to present their material via digital video that can reside on our computer network and be viewed at the • 2009- F1801 -CA -SB Page 44 of 61 • • employees' convenience. The system will also provide the avenue to publish public service announcements related to crime trends and other safety- related issues. Night Vision Rifle Scope: The cost of this equipment is $11,500.00. S.W.A.T. team is not currently equipped with night vision capability for the sniper /recon team. The lack of night vision capability increases the risk to both the officers and the public. This product will enhance our and the public's safety. Emergency Operations Center (EOC) Sound System: The cost of this equipment is approximately $8,250.00. In its current configuration, the EOC does not have a sound system for anyone addressing those working in the EOC during activation. It is difficult for those needing to address the room in a manner that can be easily heard and understood. This creates challenges for those trying to manage large -scale city emergencies. A sound system will enhance communication within the EOC. The EOC is also used for training and Police Department and community meetings. .A . sound system will significantly enhance its usefulness for these other activities as well. PROACT: The department understands that its required allocation to PROACT is $12,504.00. We would like to allocate the remaining $12,536.00 of our JAG funds to PROACT in addition to the required $12,504.00, bringing our allocation to $25,040.00 for this worthwhile resource. Goal: With the exception of the additional PROACT allocation, the goal in all of these proposals is to enhance our economic efficiency and public service through new and innovative technology - related projects.. These projects will improve the level of service provided by the department either through a more efficient use of resources or by enhancing safety. Our goal is to always provide the very best and most efficient law enforcement services to the citizens of Orange. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) In all of the projects outlined above, we have already researched appropriate vendors and equipment, decreasing the amount of time needed to begin the projects. Equipment items can be acquired relatively quickly and activities such as video training, PSAs and digital evidence storage can begin almost immediately after_deliveiy. TheEOC project will be put to use shortly after the equipment is delivered and installed for various meetings and training sessions with the public. The night vision equipment will be used in training once acquired and as needed thereafter. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) It is difficult to quantify the use of some of the products. The quantifiable measures for the Digital Information Management System will be the volume of evidence stored and its security. The EOC sound system can be measured in terms of the number of meetings, training sessions and activations in which the system is used. The video production project can be measured in two meaningful ways; the number of training classes and PSAs that are produced and the number of hours of training that is completed without the need of adjusting employee 2009- F1801 -CA -SB Page 45 of 61 • • schedules and without the use of overtime. There is no tangible means of measuring the performance of the night vision equipment other than tracking its use. Timeline or project plan: (Identifying when the goals and objectives will be completed) Once the funds are received and made available through the City's normal approval process, it is anticipated that equipment can be identified and ordered within one month. Once the equipment is delivered and installed, it will be put to use immediately. Since the goals and objectives are perpetual in nature, results will be seen upon implementation and continue throughout the life of the products. Funding: Total Allocation: $125,044 PROACT Contribution: $25,040 Administrative Fee (10.0 %): $11,254 Funds Retained by City: $88,750 City: PLACENTIA The City of PLACENTIA proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The Placentia Police Department is committed to traffic safety for the betterment of those that live, work and travel through this city. To that end, we are dedicated to enhancing our Traffic Safety Program by increasing our current staffing levels to a point where there is at Ieast two (2) motor officers on each day of the week. Currently, there are two (2) full -time motor officers, one (1) commercial enforcement officer, and - one (1) traffic officer that cover five days a week. Our objective is to create three (3) part-time motor officer positions that work approximately twenty (20) hours per week to augment the current full - time staff with enforcement duties. To support these city - created positions, JAG funds allocated to the city would be used to assist with the purchase of two (2) fully- outfitted police motorcycles for use by the part -time motor officers. The primary purpose for these part - time positions would be for active enforcement of traffic laws and to patrol areas that have an increased identified traffic problem. Goal: 1. By the end of the first quarter (12/31/09), the department will hire or have in process to hire three (3) part -time police officers for the position of Traffic Motor Officer. 2009- F1801 -CA -SB Page 46 of 61 • • 2. By the end of the first quarter (12/31/09), the department will have trained or have scheduled dates of training for the part -time Traffic Motor Officer positions. 3. Upon completion of hiring and training of these part-time officers, a schedule matrix will be completed to enhance staffing levels in quarterly increments. 4. By the end of the first quarter (12/31/09), the department will have bids for the acquisition of two (2) Honda ST1300P5 police motorcycles and required emergency equipment. 5. By the end of the first quarter (12/31/09), the department will have bids for the purchase and installment of two (2) Motorola police radios. 6. To reduce the number of persons injured in traffic collisions. 7. To reduce the number of hit & run injury collisions. 8. To reduce the total number of traffic collisions. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) Beginning in July / 2009 and with the new fiscal year, the department will have had three (3) new part -time Traffic Motor Officer positions approved by City Council to enhance the department's Traffic Safety Program. Immediately thereafter, the Personnel / Training manager will implement a schedule to receive applications and process the applicants expeditiously so that the positions can be filled before the end of the first quarter. Potential bidders for the new equipment will be sought and a bid process completed as soon as practical. Quotes will include expected delivery dates for the equipment and a timeline will be created to show progress on an anticipated date for implementation of the police motorcycles. Upon completing the hiring process, newly appointed part -time motor officers will complete in- house training and qualification for deployment. The two new assigned motorcycles will be shared between the three officers during their respective shifts. Part-time motor officers will be deployed to areas identified as having a higher collision rate and conduct enforcement for violations that directly correlate to primary collision factors. Part -time motor officers will be deployed to local schools (elementary, junior and senior highs) to conduct enforcement for school zone violations involving speeding, crosswalks, right -of -way, and crossing guard violations. Part-time motor officers will be deployed in conjunction with the radar trailer to work enforcement concurrent with education activities. Locations would be determined based on collisions in the general vicinity, identified areas by officers or citizens, and complaints from the public. 2009- F1801 -CA -SB Page 47 of 61 • Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) To properly measure the performance of the program, tasks and /or activities are undertaken during the grant period and statistics are maintained to ensure the stated goals are being achieved. 1. The Traffic Bureau will track monthly statistics that include total collisions, injury collisions, and hit /run collisions. 2. Locations for enforcement, hours worked and issued citations will be tracked monthly to determine effectiveness of enforcement. 3. Monthly officer logs indicating the amount of hours /days worked and total citations issued per day will be maintained. 4. Radar trailer logs will be maintained for location, direction, and total hours for each street deployed. 5. The police department will reduce injury traffic collisions 5% by the end of the second quarter (3/31/10) and an additional 5% by the end of the fourth quarter (9/30/10). 6. The police department will reduce hit & run traffic collisions 5% by the end of the second quarter (3/31/10) and an additional 5% by the end of the fourth quarter (9/30/10). 7. The police department will reduce the total number of traffic collisions by 10% by the end of the fourth quarter (9/30/10).. Timeline or project plan: (Identifying when the goals and objectives will be completed) Once the three new part-time motor officer positions are approved by City Council and the City Administrator, the Police Department will commence the application and interview process for potential candidates. Concurrently, the Police Department will seek bids for the new motorcycles that will be assigned to the Traffic Bureau for deployment. After the new part -time officers have completed the hiring process they will complete in- house motorcycle training updates prior to deployment. During the first quarter, statistics in the aforementioned categories will be obtained for baseline figures and monitored monthly and quarterly for progress. Funding: Total Allocation: $50,556.00 PROACT Contribution: (10 %) $5,056.00 Administrative Fee (9 %): $4,550.94 Funds Retained by City: $40,94 2009-F1801-CA-SB Page 48 of 61 • • • City: Rancho Santa Margarita The City of Rancho Santa Margarita proposes to use the 2009 justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) • Enhance public safety through improvements in traffic collision investigation. • Reduce liability through improvements in recording officer - citizen contacts. • Goal: • Provide traffic collision investigation software and training for all Traffic Deputies and Community Service Officers. • Provide high quality digital voice recorders for both Motorcycle Officers and Community Service Officers. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) • Purchase a traffic collision investigation computer program with 4 site licenses. Provide on -site training in the use of the program for all users. • Purchase 6 digital voice recorders for issue to Motorcycle Officers and Community Service Officers. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) • Types of equipment purchased with JAG dollars during the reporting period. • Number of hours of training provided to criminal justice staff. • Percent of criminal justice staff who exhibited an increase in knowledge during the reporting period. Timeline or project plan: (Identifying when the goals and objectives will be completed) • Purchase of software to be completed by September 30, 2009. All training to be completed no later than December 31, 2009. • Purchase of digital recorders and issued to officers to be completed by September 30, 2009. Funding: Total Allocation: $15,373 PROACT Contribution $ 0 Administrative Fee (9 %): $1,383.57 Funds Retained by City: $13,989.43 2009- F1801 -CA -SB Page 49 of 61 • • City: San Clemente The City of San Clemente proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives: 1. Community Policing. Deputy(s) salary or overtime to patrol city parks and skate park to monitor activities and violations occurring in the parks. This would be a new project for police services as we currently do not have a deputy or specialty team that enforces violations in the many city parks and skate park. 2. Training. Advanced Weapons training for the CIRT (Critical Incident Response Team) deputies assigned to San Clemente. These deputies currently qualify with their CIRT weapons once a month, however advanced training would enhance their abilities with the weapons. 3. Enhanced Video Surveillance Systems. This system would be used by the local investigators assigned to San Clemente. The Ocean System dTective is an elaborate video enhancement system used to enhance video, audio, and image clarification in video surveillance tapes collected as evidence. 4. Computer System and Digital Cameras. Police Services would like to purchase digital cameras for use by the field. Community Services Officers, Retired Senior Volunteer Patrol, and patrol deputies to collect traffic accident photos and parking enforcement photos. The photos would then be stored on a computer system for use by the city and police services. Goal: The goal of implementing these objectives is to enhance police services with programs and equipment that would not be possible without the JAG grant funds. Community policing in the parks will enhance the safety of citizens spending time there as well as decrease municipal code violations, drug activity and acts of vandalism occurring in the parks. Additional training and equipment will better the skills and abilities of the personnel assigned to the city. Activities: Deploy deputy(s) to park enforcement for violations and interaction with the citizens and families spending time there. Schedule weapons training and purchase specialty equipment to better equip the personnel at San Clemente Police Services to investigate and assist the city and community. Quantifiable Performance Measures: Enforcement in the city parks and skate park, assigned by the patrol sergeants during spring break and summer months when attendance is at its highest. Schedule a one -day advanced weapons course for all CIRT deputies at San Clemente. Purchase specialty equipment and implement its use when funds are available. 2009- F1801 -CA -SB Page 50 of 61 • • Timeline or Project Plan: When grant funds are released to the City, the equipment will be purchased, employees trained and use of the items will begin. As park enforcement is needed and community policing events are planned, deputies will be assigned to a schedule to specifically patrol the parks for enforcement. Funding: Total Allocation: $39,779 PROACT Contribution: $3978 Administrative Fee: $3581 Funds Retained by City: $32,220 San Juan Capistrano City: The City of San Juan Capistrano proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives Maintain community preservation against crime in highly visible areas during troubled economic times. • Objective #1: Decrease graffiti and vandalism to vacant businesses within our business and roadway areas. (To prevent visual and perceived deterioration of city, prevent Ioss in property values, maintain customer safety and attraction to business areas.) - Institute a combination of high visibility bike and foot patrol within our business and transportation corridors to prevent and deter criminal activity. - Institute directed enforcement for covert surveillance on frequently vandalized locations. • Objective #2: Decrease vandalism, illegal - dumping, and vehicle trespassing within vacant city locations and undeveloped lands. (To prevent crimes in remote, vacated, and economically depressed construction locations and highly visible locations, which are currently economically depressed.) - Institute covert surveillance to prevent crimes during evening hours at abandoned and undeveloped construction sites. - institute proactive and highly visible open space patrols in city parks to deter crime. Goal: Reduce reported incidents and arrest violators of vandalism, trespassing, and graffiti in economically challenged areas, transportation locations, and undeveloped and /or abandoned development sites. 2009- F1801 -CA -SB Page 51 of 61 • • Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) • Target trends of noted crimes by analysis. • Capture, catalog, and maintain photographic evidence of graffiti and vandalism. • Rapidly deploy enhanced law enforcement manpower on an overtime basis for surveillance against targeted crimes. • Deploy law enforcement off -road and foot patrols in targeted areas (business, transportation and open space - development areas. Quantifiable Performance Measures #1 and #2: (Established by the agency to assess whether grant objectives are being met) Maintain statistics of enforcement in targeted areas to provide the following measures: • Percent change in number of arrests for vandalism, trespassing, and petty crimes in targeted areas. Demonstrate an increase in the apprehension of violators in targeted areas for specific crimes which afflict the economic vitality. • Percent change in calls for service within the target area for nuisance crimes. Realize a. decrease in reported calls for service in the targeted business community and targeted economically depressed open spaces. • Observe a quantified increase of documented graffiti /vandalism cataloged and a decreased victimization of vandalism. Enhance the monitoring of vandalism /graffiti and realize a decrease in reported incidents. Timeline or project plan: (Identifying when the goals and objectives will be completed) The project plan will be on- going, and deployed rapidly to assist economic vitality and stimulate business areas. A timeline of one -year for the deployment is requested. Funding: Total Allocation: $27,735 PROACT Contribution (1O %): $2,773.50 Administrative Fee (9 %): $2,496.15 Funds Retained by City: $22,465.35 2009- F1801 -CA -SB Page 52 of 61 • • Santa Ana City: The City of Santa Ana proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives: The City of Santa Ana is the county seat and the largest and most densely populated municipality in Orange County. Its residents are overwhelmingly Latino and its population is the youngest of any city of its size in the nation with a median average age of 26.1 years. Census data reports 14.1% of all families and 16.5% of all individuals are at or below the poverty level as compared to the national averages of 9.8% and 13.3 %. The housing foreclosure rate is 6.52 %, compared to the national average of 1.84% and the State of California's Average of 3.47 %. Unemployment in January 2008 was 7.2%, and in January 2009 it is 12.0 %. During the last decade the City made great strides in reducing crime and disorder in the community through collaborative community partnerships, technological advancements (including crime analysis) and carefully targeted enforcement efforts. However, the City has disproportionally suffered the consequences of the current recession and has been forced to make draconian cuts to its current and future budgets, thus significantly reducing the number of sworn officers. There are fewer officers now than in 1985 and budget deficits will further reduce their ranks as early as this year. Due to the current recession and financial crisis the gains from the last decade are in jeopardy and the well being of the community is threatened. The Department employs 1.02 officers per 1,000 population which is dramatically below state and national averages. This ratio is based on 42 unfunded sworn officer positions, more than 10% of total strength. Crime, which had been on a steady long -term downward trend, is rising in many categories. Through the use of grant funding the City of Santa Ana will hire two full time sworn police officers. These officers will be deployed directly into front line law enforcement positions and will be funded for the three year grant period. Goals: 1. Hire two sworn police officers for direct deployment to front line law enforcement positions 2. Focus the unencumbered time activities of the deployed sworn officers on specific areas or hot spots identified through crime analysis and investigative units in the department, as well as allied local, state and federal agencies. 3. Ensure that all operational efforts are coordinated with existing taskforces and operational units, including Crime Analysis, Forensics, Firearms and Gang Units. Activities: Upon funding the Santa Ana Police Department will immediately begin the hiring process to fill these positions. The Department currently has a waiting list of 38 candidates that 2009-F1801-CA-SB Page 53 of 61 • have passed all testing components and are awaiting hiring. Based on this candidate list, the Department would be in a position to immediately fill vacancies with qualified candidates, thus remaining consistent with the Recovery Act. Quantifiable Performance Measures: Grant performance will be measured through prompt hiring and deployment of 2 sworn police officers to front line law enforcement positions. Time Line: Month 1- Hire Candidates • Month 2 - Begin new hire training Month 3 - Retain new hires for duration of grant and beyond Funding: Total Grant Allocation: $917,620.00 PROACT Contribution: $91,760.00 Administrative Fee (9 %): $82,586.00 Funds Retained by City: $743,274.00 Seal Beach City: The City of Seal Beach proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The City of Seal Beach Police Department will use JAG funds for training, personnel and equipment. The City of Seal Beach will purchase crime analysis software and hardware including computer, monitor, and large format printer. Training personnel in the use of the new crime analysis software and personnel costs associated with the training. Goal: The goal is to provide the City of Seal Beach with crime analysis hardware, software and the appropriate training to develop as close to "real time" crime analysis as possible. This information will help reduce crime in the community and provide staff with better efficiency to do their jobs. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) 2009- F1801 -CA -SB Page 54 of 61 • • The purchase of equipment and training can be completed in an expeditious manner. • Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) The City of Seal Beach Police Depai Lcnent currently does not have dedicated crime analysis software or hardware.and crime analysis is not currently done in a timely fashion. The City will use a standard of "real time" crime analysis as an indicator if the hardware, software and training are meeting grant objectives by showing improved efficiency. This will be accomplished through the use of JAG funds. Timeline or project plan: (Identifying when the goals and objectives will be completed) From the time of funding the goal of the City of Seal Beach will be to purchase the equipment within two months, training within five months and be operational within 6 • months. Funding: Total Allocation: $19,177 PROACT Contribution: $1745 Administrative Fee (9 %): $1726 Funds Retained by City: $15,706 City: Stanton The City of Stanton proposes to use the 2009 Justice Assistance Grant funding as follows: • Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) The City of Stanton is a diverse community presenting unique challenges for law enforcement. A Iarge Mexican immigrant population and the resulting language barrier can cause a gap between residents, businesses and law enforcement providers. In many cases immigrant residents are fearful of police due to their immigration status. Stanton is home to several active criminal street gangs which use fear and intimidation of residents as a method for ensuring many crimes are never reported to police. Through implementation of community policing practices we intend to increase awareness and positive interaction among residents, business owners and. Iaw enforcement in a community effort to reduce crime. Reducing crimes against persons and businesses will . help ensure that the City of Stanton has an active and flourishing business community 2009- F1801 -CA -SB Page 55 of 61 • • • supported by its residents. It is a commonly recognized fact that public support is necessary for business to flourish. This is also the case for police effectiveness in accomplishing their core mission of preventing crime. Building relationships with the public increases police legitimacy and affects how well they can control crime. Goal: 1) To increase community awareness and education in crime prevention through the implementation of both a neighborhood and business watch program in the City of Stanton. 2) Increase interaction between law enforcement and the community during City events and activities, through use of overtime, in effort to build a better partnership to help reduce crime. 3) Form a Stanton Bike Team which will participate in community events and afford deputies the opportunity to gain legitimacy in the eyes of the public by interacting with the community in a positive environment away from calls for service. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) • Assist residents in creating neighborhood watch groups in effort to reduce crime. • Provide materials and continued support of neighborhood watch groups through participation in meetings and events /activities. • Collaborate with the Stanton Chamber of Commerce to create a business watch program in the City of Stanton and attend monthly Chamber meetings with the business community. • Provide materials and continued support of Stanton business watch. • Utilize JAG funding to cover overtime costs for neighborhood and business watch meetings and activities. • Purchase patrol bicycles and all related equipment and items necessary for the implementation of a Stanton Bike Team. • Utilize JAG funding to cover overtime costs for Bike Team members to participate in City activities and events. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) 1. Number of neighborhood watch programs implemented. 2. Hours (regular and overtime) spent working with community on neighborhood watch meetings and activities. 3. Number of neighborhood and business watch meetings held / attended. 4. Number of hours [regular and overtime) spent working with the business community on crime reduction. 5. Number of crime prevention materials produced and distributed to community. 6. Number of regular and overtime hours spent by Bike Team at community events and activities. 7. Number of deputies trained for participation in Bike Team. Timeline or project plan: (Identifying when the goals and objectives will be completed) 2409- F1801-CA -SB Page 56 of 61 • • Community policing efforts are already underway in Stanton. Previous JAG and other grant funding has allowed us to implement a gang education and prevention program in our local schools and to conducted limited neighborhood and business watch activities. Currently resources are limited and no funds are available for production of the necessary materials, purchase of equipment and supplies, or for other reoccurring maintenance and training costs associated with these efforts. It is our intent to approach every community in Stanton in the next 6 months and encourage them to start a neighborhood watch program. We are already an active member of the Chamber of Commerce and are networking with the business community. In addition, we are currently working with a vendor regarding patrol bicycles in anticipation of grant funding becoming available. Training of Bike Team member is planned for the immediate future and recruitment for the Team is underway. We are also working with the City of Stanton to determine enforcement and presence needs during their upcoming community events. Funding: Total Allocation: $74,012 PROACT Contribution (10% estimated): $7,401.20 Administrative Fee (9 %): $6,661.08 Funds Retained by City (estimated): $59,949.72 Tustin City: The City of Tustin proposes to use the 2009 Justice Assistance Grant funding as follows: Problem Statement: The Tustin Police Department uses Mobile Data Computers (MDCs) in its police vehicles for numerous purposes: receiving and mapping calls for service; interfacing with the in -car video system; completing report narratives in the field; communicating with the dispatch center; and accessing the CLETS database to perform records checks in the field. Currently, when information needs to be transferred to or from the MDC, such as in -car video or automated license plate reader recognition databases, the officer assigned to the vehicle must drive to the station and manually remove storage media from the car. This media is then manually transferred to another electronic storage area or booked as storage media for retention. This method entails a significant amount of time a police officer must be taken out of service to the community and a significant amount of time to ensure that the information is transferred successfully. Implementing a secure wireless local area network 2009- F1.801. -CA -SB Page 57 of 61. • would greatly reduce the time and cost associated with officer and related support staff manually transferring that data. Goal: To reduce the time and costs associated with manual administration of data transfers between MDCs and the department's local area network (LAN) by implementing a secure, wireless local area network (WLAN) infrastructure. Objectives: To eliminate patrol officer time spent toward manual data transfers by automating this system. To allow for increased proactive enforcement time of patrol officers by broadening the availability of data transfer locations and eliminating the current time spent out of the field and in the station to accomplish these manual tasks. Quantifiable Performance Measures: Performance will be measured by the expected increase of patrol time spent in the field as opposed to the current practice of returning to the station to accomplish data transfer. Funding: Total Allocation: $82,412 PROACT Contribution (10 %): $ 8,241 Administrative Fee (10 %): $ 8,241 Funds Retained by City: $ 65,930 Westminster City: The City of Westminster proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) 1. Part -Time Animal Control Officer: Position will be used to supplement current Animal Control Staff, and focus on ensuring proper pet licensing and related shots are current on residential animals throughout the city. (Law Enforcement Programs) 2. Part -Time Contractual Forensic Services Technician: Position will be contractual for one person to work in the police department as a part time fingerprint identification technician and court expert on fingerprint analysis for the police department. (Law Enforcement Programs) 3. Technology Funding: To maintain and continue to develop police department Intranet and geographical information systems used to facilitate information flow and crime tracking. (Technology Improvement Programs) 2009- F1801 -CA -SB Page 58 of 61 • • Goal: 1. Part -Time Animal Control Officer: To increase the number of licensed and vaccinated animals in the City of Westminster, thereby increasing citizen and officer safety, as well as increasing revenues to the police department for the animal control program. 2. Part -Time Contractual Forensic Services Technician: To increase the number of crime evidence related fingerprints processed, criminals identified, fingerprint matches made, and solve cases through fingerprint analysis. 3. Technology Funding: To centralize access to department files and crimes and make these data generally accessible both at workstation, on the Internet, and to our mobile workforce. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) 1. Part -Time Animal Control Officer: (a) Will be hired within a month of the grant monies being available. (b) Will begin by canvassing neighborhoods throughout Westminster to encourage and track licensing, vaccinating, and neutering their pets. (c) Will register new pet owners into the Animal Control pet licensing system. 2. Part -Time Contractual Forensic Services Technician: (a) contractual employee hired within first month of grant funding. (b) will begin processing fingerprints for cases and comparisons, as the person to be hired is a retired expert in fingerprint analysis and comparisons. 3. Technology Fundina: (a) maintain current Intranet and mobile GIS solutions. (b) seek to increase connectivity between crime databases, the Intranet, and the mobile patrol GIS system using hardware and /or software solutions. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) 1. Part -Time Animal Control Officer: (a) increase pet licenses throughout the City of Westminster by 5% for each year of funding. (b) increase funds taken in by the police department's pet licensing program by 5% each year. 2. Part -Time Contractual Forensic Services Technician: (a) wilt_ process.at least 50% as many latent prints as full -time equivalent personnel. (b) will compare and submit to AFIS at least 50% as many latent fingerprints as full time equivalent personnel. (c) will testify in court as an expert witness for the police department at least 50% as much as full time equivalent personnel. 3. Technology Funding for Intranet and GIS: (a) WPD will have a functional Intranet accessible to internal and external stakeholders. (b) WPD will have a functional GIS accessible to internal and external stakeholders, including historical maps of city streets. (c) train 20% of personnel to use both systems. (d) monitor access to Intranet and GIS to measure use of the systems. Timeline or project plan: (Identifying when the goals and objectives will be completed) 1. Part -Time Animal Control Officer: This part -time Animal Control Officer will be employed for two years under this grant funding. 2009- F1801 -CA -SB Page 59 of 61. • . 2. Part -Time Contractual Forensic Services Technician: This part time contractual position will be funded for two years under this grant funding, 3. Technology Funding: These systems will be funded for two years under this grant funding. Funding: 1. Part -Time Animal Control Officer: $19.71 /hour X 960 hrs /year X 2 years = $37,843.20 2. Part -Time Contractual Forensic Services Technician: a. $30 /hrX 960 hrs /yearX 2 years = $57,600 3. Technology Funding: $33,105.40 X 2 years = $66,210.80 Total Allocation: $161,654 PROACT Contribution: $0 Administrative Fee (9.0 %): $14,549 Funds Retained by City: $147,105 Yorba Linda City: The City of Yorba Linda proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Must be Linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act; refer to solicitation) Purchase new laboratory equipment, replace wood evidence lockers, and renovate utility room to maximize employee safety, efficiency, and preserve integrity of evidence. Goal: 7. Eliminate personnel from working on improper, porous work surfaces. 8. Eliminate /minimize the risk of industrial injuries on duty, such as those which arise from improper bending, stretching, lifting, and other stress or strain. 9. Meet legal and scientific standards in the proper handling and processing of biological evidence. 10. Reduce defense challenges in court. 11. Better maintain chain of custody. 12. More efficient use of space to improve efficiency and productivity thus reducing the need for emergency call -outs. Activities: (which can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefits) 2009- F1801 -CA -SB Page 60 of 61 0 • 6. Expand and redefine the crime laboratory to include an Evidence Drying Section, DNA Section, and Latent Fingerprint Processing Station. 7. Purchase the proper equipment to outfit the newly created DNA Section and Latent Fingerprint Processing Station. 8. Purchase ventilated drying cabinets. Protects evidence from contamination and technicians from exposure to unknown hazards by allowing for the proper handling and drying storage of wet items. 9. Purchase stainless steel work tables, metal shelving and metal cabinets. 10. Purchase stainless steel evidence lockers to replace the existing wood lockers. Stainless steel lockers will provide a more efficient use of space, a surface that can be cleaned to avoid cross - contamination, and greater security for the preservation of evidence. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met) Meet the legal and scientific standards in the proper handling and processing of biological evidence; to process evidence in a manner that meets safety standards for the evidence technicians; and to more efficiently identify and collect latent fingerprint evidence through the use of chemistry and light. Timeline or project plan: (Identifying when the goals and objectives will be completed) Begin construction /remodel of the present laboratory by January 1,2010 and complete the project including the purchase and delivery of the required equipment by June 30, 2010. Funding: Total Allocation: $22,822 PROACT Contribution: $0.00 Administrative Fee (9 %): $2,054 Funds Retained by City: $20,768 2009- F1801 -CA -SB Page 61 of 61 • 4 Attachment C FY09 RECOVERY ACT JUSTICE ASSISTANCE GRANT FUNDING OC ALLOCATION AGENCY , ':.2009 Fiuids'1 Y° to < Amountto„ Admit).Fee • -?Atnaunt, PROACT PROACT, 9.0°1° Retainsd' OC Sheriffs Dept. $105,233 10.00% $10,523 $9,471 $85,239 Aliso Viejo* $16,007 0.00% $0 $1,441 $14,566 Anaheim $723,162 5.00% $36,158 $65,085 $621,919 Brea $38,195 35.25% $13,465 $3,438 $21,292 Buena Park $142,160 10.00% $14,216 $12,794 $115,150 Costa Mesa $137,881 10.00% $13,788 $12,409 $111,684 Cypress $36,451 5.00% $1,823 $3,281 $31,348 Dana Point * $24,723 0.00% $0 $2,225 $22,498 Fountain Valley $44,217 0.00% $0 $3,980 $40,237 Fullerton $210,150 10.00% $21,015 $18,914 $170,222 Garden Grove $330,439 10.00% $33,044 $29,740 $267,656 Huntington Beach $197,946 10.00% $19,795 $17,815 $160,336 Irvine $66,563 10.00% $6,656 $5,991 $53,916 La Habra $92,079 10.00% $9,208 $8,287 $74,584 La Palma $14,264 10.00% $1,426 $1,284 $11,554 Laguna Beach $22,505 10.00% $2,251 $2,025, $18,229 Laguna Hills* $24,565 0.00% $0 $2,211 $22,354 Laguna Niguel * $25,833 10.00% $2,583 $2,325 $20,925 Lake Forest* $49,288 10.00% $4,929 $4,436 $39,923 Los Alamitos $13,313 10.00% $1,331 $1,198 $10,784 Mission Viejo * $41,523 10.00% $4,152 $3,737 $33,634 Newport Beach $67,197 10.00% $6,720 $6,048 $54,430 Orange $125,044 20.02% $25,040 $11,254 $88,750 Placentia $50,556 10.00% $5,056 $4,550 $40,950 Rancho Santa Margarita* $15,373 0.00% $0 $1,384 $13,989 San Clemente * $39,779 10.00% $3,978 $3,580 $32,221 San Juan Capistrano * $27,735 10.00% $2,774 $2,496 $22,465 Santa Ana $917,622 10.00% $91,762 $82,586 $743,274 Seal Beach $19,177 9.10% $1,745 $1,726 $15,706 Stanton * $74,012 10.00% $7,401 $6,661 $59,950 Tustin $82,412 10.00% $8,241 $7,417 $66,754 Westminster $161,654 0.00% $0 $14,549 $147,105 Yorba Linda $22,822 0.00% $0 $2,054 $20,768 Total JAG Funding $ 3,959,880 Total Retained by Agencies $3,254,411 Total Allocation to PROACT ( $349,080 Total Administrative Fee $356,3891 * Sheriff Contract Cities ATTACHMENT D 2009-SB-B9-0271 FY2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Program Reports must be submitted to the Prime Recipient (Sheriffs Department) and/or the Federal Central Reporting Solution. The Office of Justice Programs (OW) has established a new reporting period and due date for the Recovery Act JAG Grant Program. The Recovery Act requires that prime recipients and delegated sub-recipients submit quarterly reports on their use of the funds no later than the 10th day following the end of each quarter beginning on October 10, 2009. Again please keep in mind your reports will need to be submitted before the quarter ending dates in order to meet the 10 day deadline. Due to the significant increase in reporting and agencies receiving funding we may be • requiring all sub-recipients to submit their progress reports on www.FederalReportinq.gov. As the prime-recipients we will ensure reports are being submitted and will assist with the process. Therefore, sub-recipients will be required to be registered in the Central Contractor Registration •(CCR) database and that all reporting entities have a D-U-N-S number. • SPECIAL REQUIREMENTS There are reporting requirements or instructions to better assess impact and comparative effectiveness of the overall grant program. The full requirements are outlined in the Office of Management and Budget (OMB) Memorandum M-09-21 attached hereto. Direct any questions regarding the grant program to Susie Cabrera. scabreraaocsd.or& 431 The City Drive South Orange, CA 92868 (714) 935-6869 ATTACHMENT D • • e gRSsIDeHr EXECUTIVE OFFICE OF THE PRESIDENT iti ; tt OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 THE DIRECTOR June 22, 2009 M-09-21 MEMORANDUM FOR THE HE S OF DEPARTMENTS AND AGENCIES FROM: Peter R. Orsz L Director SUBJECT: Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 This memorandum transmits government-wide guidance for carrying out the reporting requirements included in Section 1512 of the American Recovery and Reinvestment Act of 2009 (Recovery Act). The reports required under Section 1512 of the Act will be submitted by recipients beginning in October 2009 and will contain detailed information on the projects and activities funded by the Recovery Act. When published on www.Recovery.gov, these reports will provide the public with an unprecedented level of transparency into bow Federal dollars are being spent and will help drive accountability for the timely,prudent, and effective spending of recovery dollars. Federal efforts to provide transparency into Recovery Act spending have been underway since the Act's inception. Today, www.Recovery.gov and individual agency websites contain voluminous data on Federal agency spending, including weekly updates on all Recovery Act obligations and outlays. As significant recovery funds have now made their way into local communities and the work to rebuild our economy continues to gain momentum; it is essential that the public have access to information on the manner in which funds are being expended at the local level. Recipient reports required by Section 1512 of the Recovery Act will answer important questions, such as: • Who is receiving Recovery Act dollars and in what amounts? • What projects or activities are being funded with Recovery Act dollars? • What is the completion status of such projects or activities and what impact have they had on job creation and retention? Based on input received from the public on previous implementing guidance issued by the Office of Management and Budget(OMB), the reporting framework in the attached guidance has been updated and enhanced to capture additional spending data from prime recipients and sub-recipients of Federal financial assistance Recovery Act • • • • awards. Further, OMB has worked with the Recovery Accountability and Transparency Board to deploy a nationwide data collection system at the website www.FederalReporting.eov that will reduce information reporting burden on recipients by simplifying reporting instructions and providing a user-friendly mechanism for submitting required data. However, the attached guidance is not intended to serve as a detailed set of user instructions for the www.FederalReporting.gov system. Instead, additional details for interacting with the system will be provided though the solution itself. The attached guidance does not apply to Federal government contracts. Additional guidance to Federal government contractors will be forthcoming. Further, as the President directed in his March 20, 2009, Memorandum entitled "Ensuring Responsible Spending of Recovery Act Funds," OMB conducted a 60-day review of the Administration's policy on communications with lobbyists regarding Recovery Act funds. OMB's revised guidance on lobbyist communications is also forthcoming. Any questions about the requirements contained in the guidance can be sent to recoverv(;omb.eop.gov. Thank you for your cooperation, Attachment • S Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 Table of Contents TABLE OF CONTENTS 1 SECTION I -GENERAL INFORMATION 2 SECTION 2-BASIC PRINCIPLES AND REQUIREMENTS OF RECOVERY ACT RECIPIENT REPORTING 6 SECTION 3-RECIPIENT REPORTING PROCESS 16 SECTION 4-DATA QUALITY REQUIREMENTS 27 SECTION 5-REPORTING ON JOBS CREATION ESTIMATES BY RECIPIENTS 33 APPENDIX-REFERENCE SHEET OF FREQUENTLY USED GUIDANCE TERMS 38 • • Section 1 —General Information 1.1 What is the purpose of this Guidance? The purpose of this Guidance is to provide Federal agencies and funding recipients with information necessary to effectively implement the reporting requirements included in Section 1512 of the American Recovery and Reinvestment Act of 2009 ("Recovery Act," or"the Act"). This Guidance: • Answers questions and clarifies issues related to the mechanics and chronology of recipient reporting required by the Recovery Act; • Provides clarification on what information will be required to be reported into the central reporting solution at www.FederalReporting.gov and what information will be reported on www.Recovery.gov; • Instructs recipients on steps that must be taken to meet these reporting requirements; including the incorporation of sub-recipient reporting requirements under Section 1512(c)(4) of the Act; and • Establishes a common framework for Federal agencies and recipients to manage a data quality process associated with the Recovery Act recipient reporting requirements. 1.2 Does this Guidance modify any previously issued guidance by the Office of Management and Budget(OMB) related to recipient reporting? This Guidance builds on previously issued guidance materials, covering new areas not previously addressed (e.g., data quality requirements and logistical details surrounding the www.FederalReporting.gov reporting solution),but it also clarifies, and in some cases modifies,previously issued requirements. In particular; this Guidance: • Identifies additional data elements required pursuant to Section 1512 of the Recovery Act to enhance transparency(Section 2.3 and the supplemental materials to this Guidance); • Modifies requirements related to recipient data reporting due on July 10,2009 (Section 2.6); and • Updates information on methodologies and approaches for reporting job creation/retention estimates (Section 5). 1.3 To which Federal programs does this Guidance apply? A list of Federal programs subject to Section 1512 of the Recovery Act will be posted on OMB's website and www.Recovery.gov as supplemental materials to this Guidance. 2 1.4 Does this Guidance apply to both recipients of Federal assistance awards and Federal contract awards under the Recovery Act? No. This Guidance does not apply to recipients of Federal contract awards directly from the Federal government. However, recipients of Federal contract awards directly from the Federal government will submit information required by Section 1512 of the Recovery Act through the www.FederalRenorting.gov website. The relevant guidance for these recipients is provided in interim Federal Acquisition Regulation (FAR) clause 52.204-11. It is important to note that consideration of the public comments received on the interim FAR clause might result in changes to the clause when it is finalized. Therefore, further guidance, instructions, and examples specifically applying to Federal government contractors will be published in the Federal Register when the clause is finalized. The explanations and example on estimating jobs in Section 5 of this Guidance is consistent with the current interim FAR clause. In addition, individuals receiving direct payments from the Federal government are not subject to the reporting requirements outlined in this Guidance, as defined by Section 1512(b)(1)(A) of the Act. Sole proprietorships however are subject to the reporting requirements (Section 2.2). Recipients of loan guarantees are not subject to the reporting requirements outlined in this Guidance, as defined by Section 1512(b)(1)(A) of the Act except 100 percent guaranteed loans financed through the Federal Financing Bank The provisions in the Guidance apply to recipients of grants, loans,tribal agreements, cooperative agreements, and other forms of assistance (other than those noted above). This Guidance also applies to sub-awards and other payments made by recipients of Federal assistance, including those awards or payments that are made in the form of a contract(i.e., contracts made by an entity other than the Federal government). The reporting requirements do not apply to recipients receiving funds through entitlement or tax programs or to individuals) The Federal agency or prime recipient awarding funds to individuals will report the aggregated amounts disbursed to individuals. Section 2.4 of this Guidance provides further instruction on aggregate reporting. 1.5 Does this Guidance contain any specific provision for a Federal agency to seek a waiver of existing legislative or administrative requirements? No. If a Federal agency believes it is appropriate to seek a waiver of an existing requirement in order to facilitate effective implementation of the Recovery Act, the Federal agency shall pursue such waiver consistent with existing Federal processes (e.g., waivers for the Paperwork Reduction Act). To avoid using personal identification,sole proprietorships should register using a TIN or EIN. 3 • • 1.6 Do the Federal agencies have flexibility to issue further program-specific guidance on recipient reporting? This Guidance is not intended to impact requirements outside of Section 1512 of the Recovery Act. The Recovery Act may contain additional recipient reporting responsibilities that are specific to certain Federal programs. Recipients will have to comply with any reporting as outlined in the award agreement, which may result in submitting similar data under this Guidance to the Federal awarding agency. In these areas, recipients should rely on program-specific guidance and instructions issued by the relevant Federal agency. Thus, it is anticipated that Federal agencies will, as appropriate, issue clarifying guidance to funding recipients. Additional guidance for Recovery funding recipients must be in accordance with OMB guidance. Federal agency-specific reporting guidance must not, without prior approval from OMB,require the use of any existing reporting systems to collect Section 1512 reporting that exclude or bypass the central reporting solution at tvww.FederalReportine.gov. See also Section 2.8. 1.7 What is the process for the public to provide input or comment on the provisions of this Guidance? Feedback about this guidance document may be submitted to recovervrthomb.eop.gov and should have the term"guidance feedback" in the title of the email. Further, the Recovery Accountability and Transparency Board("Board")expects to issue a separate Federal Register notice as part of the Paperwork Reduction Act(PRA) clearance process. This Federal Register notice follows the original PRA notice published April 1, 2009. The public will have an opportunity to comment through the updated PRA notice which will include the new data elements added to the Section 1512 reporting model as described in Section 2 of this Guidance. 1.8 What additional Recovery Act Implementation Guidance is available? February 20, 2009 M-09-10 Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009 http://www.whitehousegovlomb/assets/memoranda fv2009/m09 10.pdf February 25, 2009 Bulletin No.09-02 Budget Execution of the American Recovery and Reinvestment Act of 2009 Appropriations http://www.whitehouse.ww/omb/assets/bulletins/b09-02.pdf March 2009 OMB Circular No. A-133 Single Audit Compliance Supplement hopI/www.whitebouse.govlombicirculars al 33 compliance 09toc/ April 3, 2009 M-09-15 Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009 htto://www.whitehouse.eov/omb/assets/memoranda Fv2009/m09-I5.pdf May 11, 2009 M-09-18 Payments to State Grantees for Administrative Costs of Recovery Act Activities httn://www.whitehouse.eoviombiassetsimemoranda w.whitehouse.e,oviomb/assets/memoranda fv2009im09-18.pdf 4 June 30, 20092 Addendum to the Single Audit Compliance Supplement—American Recovery and Reinvestment Act httn://www.whitehouse.eov/omb/circular a133 compliance 09toc/ • 1.9 Under what authority is this Guidance being issued? This Guidance is issued under the authority of 31 U.S.C. 1111; Reorganization Plan No, 2 of 1970; Executive Order 11541; the Chief Financial Officers Act of 1990 (Pub. L. 101-576); the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282); and the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). 'The Addendum is planned for publication on June 18,2009,and will be available at the link provided. 5 • • Section 2—Basic Principles and Requirements of Recovery Act Recipient Reporting 2.1 What recipient reporting is required in Section 1512 of the Recovery Act? Section 1512 of the Recovery Act requires reports on the use of Recovery Act funding by recipients no later than the 10th day after the end of each calendar quarter (beginning the quarter ending September 30, 2009) and for the Federal agency providing those funds to make the reports publicly available no later than the 30th day after the end of that quarter. Aimed at providing transparency into the use of these funds, the recipient reports are required to include the following detailed information: • Total amount of funds received; and of that, the amount spent on projects and activities; • A list of those projects and activities funded by name to include3: • o Description o Completion status o Estimates on jobs created or retained; • Details on sub-awards` and other payments. Further information on the details of these reports is outlined in this Section, and the specific data elements to be reported on are contained in the data dictionary included in the document entitled, Recipient Reporting Data Model. This document will be published on OMB's website and www.Recovery.gov as supplemental materials to this Guidance. 2.2 Who is required to report under the Recovery Act? The prime recipients of all programs identified in the list of Federal programs subject to Section 1512 of the Recovery Act in the supplemental materials to this Guidance are • responsible for reporting the information required by Section 1512 of the Act and as provided in this Guidance. Prime recipients may choose to delegate certain reporting requirements to sub-recipients, as described in Section 2.3. The prime recipients are non-Federal entities that receive Recovery Act funding as Federal awards in the form of grants, loans, or cooperative agreements directly from the Federal government. Federal agencies are not considered prime- or sub-recipients. The movement of Recovery Act funds between Federal agencies is not subject to Section 1512 reporting. Payments made by prime recipients of Federal award dollars can be classified into two categories—(i)payments to sub-recipients and(ii)payments to vendors5. The prime 3 Section 1512(c)(3)(E)requires that State and local aovemrnents making infrastructure investments must provide information on the purpose,total costs,rationale for the infrastructure project and contact information of an individual. ' Section 15I2(c)(4)requires details on the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006(Pub.L. 109-282). 5 Refer to OMB Circular A-133,Audits of States,Local Governments,and Non-Profit Organizations for additional information. 6 • • recipient is responsible for reporting data on payments made to both sub-recipients and vendors. However, as noted in Section 2.3, the reporting requirements for payments made to sub-recipients are not the same as the reporting requirements for payments made to vendors. A sub-recipient is a non-Federal entity that expends Federal awards received from another entity to carry out a Federal program but does not include an individual who is a beneficiary of such a program.6 Specifically, sub-recipients are non-Federal entities that are awarded Recovery funding through a legal instrument from the prime recipient to support the performance of any portion of the substantive project or program for which the prime recipient received the Recovery funding. Additionally, the terms and conditions of the Federal award are carried forward to the sub-recipient. It is possible that a sub-recipient for one award may also be a prime recipient of another Federal award provided directly from the Federal Government. Under this Guidance, sub-recipients that receive all or a portion of Recovery funding from a prime recipient may be delegated the responsibility by the prime recipient to report information into the central reporting solution at ww w.FederalReporting.gov. This Guidance does not provide for such a delegation to vendors. The policy regarding delegation of reporting by the prime recipient is further described in Section 2.3 of this Guidance. A vendor is defined as a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a Federal program. Prime recipients or sub- recipients may purchase goods or services needed to carry out the project or program from vendors. Vendors are not awarded funds by the same means as sub-recipients and are not subject to the terms and conditions of the Federal financial assistance award. The characteristics of a vendor that make it distinct from a sub-recipient are summarized below, A vendor: (I)Provides the goods and services within normal business operations; (2)Provides similar goods or services to many different purchasers; (3) Operates in a competitive environment; (4)Provides goods or services that are ancillary to the operation of the Federal program; and (5) Is not subject to compliance requirements of the Federal program. 6 Refer to OMB Circular A-133 for additional information and definitions. OMB Circular A-110,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and other Non-profit Organizations,as codified in 2 CFR 215,provides further clarification on the definition of a sub-recipient. 7 Refer to OMB Circular A-133 for additional information and definitions. • • In general. individuals receiving benefit payments or other types of Federal awards are excluded from reporting information under Section 1512 of the Act. In certain cases, individual loan recipients (as either prime- or sub-recipients)may be required to comply with Section 1512 reporting requirements— for example, if the recipient is a sole proprietorship. Individuals other than sole-proprietorships are not subject to Section 1512 reporting requirements, for example individuals receiving direct loans for purchase or refinancing of a single family home. The relevant Federal agency managing a loan program with Recovery Act dollars must issue supplemental guidance detailing instances in which individual recipients of loan funds (including 100 percent guaranteed loans financed through the Federal Financing Bank) are required to meet the requirements of Section 1512 and this Guidance. The Federal agency or prime recipients awarding funds to individuals will report the aggregated amounts disbursed to individuals. Section 2.4 of this Guidance provides further instruction on aggregate reporting for prime- or sub-recipients. As mentioned in Section 1.3, a list of Federal programs subject to the Recovery Act recipient reporting requirements will be published on OMB's website and www.Recoverv.gov as supplemental material to this Guidance. There are some Federal programs that received Recovery Act funds that do not appear on the list. These include mandatory programs, programs and accounts directly used in the operations of Federal agencies,programs contained in Division B of the Act, and other programs providing benefits to individuals, which are specifically not subject to the Section 1512 reporting requirements. The Federal agencies awarding funds for these programs will continue to report the amounts disbursed for these programs and this information will be available to the public on www.Recoverv.gov. 2.3 What are the respective responsibilities of prime recipients and sub-recipients in meeting Section 1512 reporting requirements? The accompanying illustration demonstrates the basic framework for prime recipient and sub-recipient reporting. 8 Federal Agency Prime Recipient Sub-recipient Vendor Vendor Prime Recipients: The prime recipient is ultimately responsible for the reporting of all data required by Section 1512 of the Recovery Act and this Guidance, including the Federal Funding Accountability and Transparency Act(FFATA) data elements for the sub-recipients of the prime recipient required under 1512(c)(4). Prime recipients may delegate certain reporting requirements to sub-recipients, as described below. If the reporting is delegated to:a sub-recipient, the delegation must be made in time for the sub-recipient to prepare for the reporting, including registering in the system. Further information on registration in the system is in Section 3.4 of this Guidance. In addition,the prime recipient must report three additional data elements associated with any vendors receiving funds from the prime recipient for any payments greater than 525,000. Specifically, the prime recipient must report the identity of the vendor by reporting the D-U-N-S number8, the amount of the payment, and a description of what was obtained in exchange for the payment. If the vendor does not have a D-U-N-S number, then the name and zip code of the vendor's headquarters will be used for identification. Vendors, as defined in this guidance, are not required to obtain a D-U-N-S number. Sub-Recipients of the Prime Recipient: The sub-recipients of the prime recipient may be required by the prime recipient to report the FFATA data elements required under 1512(c)(4) for payments from the prime recipient to the sub-recipient. The reporting sub-recipients must also report one data element associated with any vendors receiving funds from that sub-recipient. Specifically, the sub-recipient must report, for any payments greater than 525,000, the identity of the vendor by reporting the D-U-N-S number, if available, or otherwise the F The Dun&Bradstreet, or D-U-N-S,number is explained in further detail in Section 3.5 of this Guidance. 9 • • name and zip code of the vendor's headquarters. Vendors are not required to obtain a D- U-N-S number. If a sub-recipient is not delegated the responsibility to report FFATA data elements for sub-awards from its prime recipients or any sub-recipient vendor information, the prime and sub-recipients must develop a process by which this information will be reported in sufficient time to meet the reporting timeframes outlined in Section 3.2. Required Data: The specific data elements to be reported by prime recipients and sub-recipients are included in the data dictionary contained in the Recipient Reporting Data Model. This document will be published on OMB's website and www.Recovery.gov as supplemental materials to this Guidance. Below are the basic reporting requirements to be reported on prime recipients, recipient vendors, sub-recipients, and sub-recipient vendors. Administrative costs are excluded from the reporting requirements. The basic reporting requirements below may contain multiple data elements as defined in the data dictionary. Prime Recipient 1. Federal Funding Agency Name 2. Award identification 3. Recipient D-U-N-S 4. Parent D-U-N-S 5. Recipient CCR information 6. CFDA number, if applicable 7. Recipient account number 8. Project/grant period 9. Award type, date, description, and amount 10. Amount of Federal Recovery Act funds expended to projects/activities 11. Activity code and description 12. Project description and status 13. Job creation narrative and number 14. Infrastructure expenditures and rationale, if applicable 15. Recipient primary place of performance 16. Recipient area of benefit 17. Recipient officer names and compensation (Top 5) 18. Total number and amount of small sub-awards; less than $25,000 Recipient Vendor 1. D-U-N-S or Name and zip code of Headquarters(HQ) 2. Expenditure amount 3. Expenditure description Sub-Recipient(also referred to as FFATA Data Elements) 1. Sub-recipient D-U-N-S 2. Sub-recipient CCR information 3. Sub-recipient type 10 • • 4. Amount received by sub-recipient 5. Amount awarded to sub-recipient 6. Sub-award date 7. Sub-award period 8. Sub-recipient place of performance 9. Sub-recipient area of benefit 10. Sub-recipient officer names and compensation(Top 5) Sub-Recipient Vendor 1. D-U-N-S or Name and zip code of HQ Example: A Federal agency awards a $1 million Recovery Act funded research grant to University A. University A conducts a portion of the research itself and uses $200,000 of the Recovery Act funds to purchase scientific equipment from XYZ Corporation. University A sub-awards the remaining $500,000 of the Recovery Act funds to University B to carry out additional research consistent with the mission of the underlying Federal program. University B uses $50,000 of these funds to support research activities by purchasing scientific equipment from the 123 Corporation In this example,University A is the prime recipient and must report on all data elements required by Section 1512 of the Recovery Act and this Guidance related to the award received from the Federal agency. This includes: • Information regarding the award to University A (associated with the prime recipient listed above) and includes: o Entity ID for University A (D-U-N-S) o Total $received by University A o Total $ for projects/activities funded by University A o List of projects undertaken by University A o Estimates on jobs created or retained by University A, University B, and applicable vendors o Infrastructure Investment details, if applicable to University A activities o The identity of the XYZ corporation, as well as the amount and description of the purchase of scientific equipment • Information regarding the sub-award to University B. including the FFATA data elements required under Section 1512(c)(4) (associated with the sub-recipient listed above)and includes the identity of the 123 corporation(sub-recipient vendor above). University A has the option of delegating the responsibility to report the FFATA data elements and the identity of the 123 Corporation (sub-recipient vendor data elements) to University B for entering into www.FederalReporting.aov. There are no additional reporting requirements for any sub-awards to sub-recipients made by University B. 11 • 2.4 What are the relevant requirements for prime recipients reporting on sub- recipient payments of less than 525,000 or to individuals? Section 1512(c)(4) and this Guidance allows for prime recipients to aggregate reporting on 1) sub-awards less than 525,000; 2) sub-awards to individuals; and 3) payments to vendors less than 525,000. Prime recipients should provide a separate aggregate dollar total for each of the three categories. As previously mentioned in this Guidance, it is important to note that while individual recipients of Recovery funds, either directly from a Federal agency or from a prime recipient, are not required to report into the centralized reporting solution themseives9, the Federal agency or prime recipient awarding those funds will report by aggregating the amounts disbursed to individuals. 2.5 How will recipient reporting be submitted? The information reported by all prime recipients (and those sub-recipients to which the prime recipient has delegated reporting responsibility) will be submitted through www.FederalReportine.gov. the online Web portal that will collect all Recovery Act recipient reports. Prime recipients must enter their data no later than the 10th day after each quarter beginning on October 10,2009. All data contained in each quarterly recipient report will be cumulative in order to encompass the total amount of funds expended to date. This means that reports due on October 10, 2009, will include funding from February 17, 2009 (the date the Act was enacted by Congress)through September 30, 2009. Farh subsequent quarterly report will also be cumulative. In other words, the report due January 10, 2010, will include the data reported through September 2009 and be updated to include data that accumulated through December 2009. For example, October's report may have contained a project that was 25% completed through the end of September. If the project is completed another 25%by the end of December, on January 10, the prime recipient will report that the project is 50%completed. Prime recipients and delegated sub-recipients will begin reporting the quarter in which an award is made to it. If awarded funds have not been received and/or expended by the prime recipients or delegated sub-recipients within the quarter the award is made or subsequent quarters, a "$0" should be reported for the respective data elements. 2.6 What is the expectation for the reporting period ending June 30,2009? Prime recipients are required to collect and maintain all relevant information responsive to the reporting requirements outlined in Section 1512 of the Recovery Act and this Sole proprietorships however are subject to the reporting requirements. See Section 1.4 for additional information. 12 • • Guidance since the enactment of the Recovery Act, including activities for the quarter ending June 30, 2009. This information along with information on subsequent activities will be reported on a cumulative basis and submitted on October 10, 2009, the first reporting deadline for Section 1512 established in the Recovery Act. There is no global requirement for Section 1512 reporting on July 10, 2009, as previously indicated in M-09-15 issued on April 3, 2009. July 2009, however,provides a critical opportunity for Federal agencies and recipients to work together to: • Clarify logistics surrounding October 10th reporting and the deployment of the • www.FederalReporting.gov solution; • Troubleshoot potential data reporting challenges by fostering a common understanding of data definitions, reporting instructions, data quality responsibilities, etc.; and • Share best practices for planning and implementing the Section 1512 reporting requirements. Therefore, OMB and the Board are working together to foster a series of forums, meetings, and small-scale data collection pilots to take place during the month of July 2009. More information regarding these activities will be forthcoming and will be reported upon the www.Recovery.gov and www.FederalReporting.gov websites. 2.7 Will there be any waivers granted to any recipient if it is not able to meet the reporting deadlines? No waivers will be granted for any recipients required to report under Section 1512 of the Recovery Act. If a recipient anticipates issues with meeting the reporting deadline, it should contact the appropriate Federal funding agency as soon as practicable to discuss how the reporting requirement will be met. Reporting extensions may be granted on a case-by-case basis by the appropriate Federal funding agency for extraordinary circumstances, such as natural disasters. 2.8 Can the Recovery Act recipient reporting elements be combined with existing Federal reporting requirements? No. All information required by Section 1512 must be submitted through www.FederalReporting.gov. However, the recipient reporting solution does allow for recipients to enter data through custom software systems extracted in Xl'{L. See Section 3.6 for more information. This means that in some cases a recipient may have the option of leveraging an existing or separate data source(i.e., an existing system whereby the recipient is reporting information to a Federal agency)that contains information responsive to Section 1512 reporting requirements rather than re-keying information into the www.FederalReporting.gov solution. Federal agencies that seek to have recipients transfer information from existing systems into the wwnv.FederalReporting.gov solution will be required to conduct a thorough analysis of the complexity of such arrangements as 13 • • well as the burden impact on the relevant recipient community before initiating such a requirement or option. Federal agencies that determine that such a requirement is necessary will issue program- specific reporting guidance that is reviewed and approved by OMB before it can be effective. 2.9 how should recipients avoid `double counting" in their reports? Prime recipients that decentralize reporting at the prime recipient level and/or delegate reporting responsibilities to sub-recipients must take special precautions to ensure coordinated reporting. The www.FederalReporting.gov recipient reporting solution will consider the last report submitted to be the final submission. Decentralized reporting at the prime recipient level—In this scenario, the prime recipient does not establish a single point of entry for submitting required data to the www.FederalReporting.gov solution, but it allows for multiple parties at the prime recipient level to enter data. For example, a State may designate a variety of officials at different State depai tiuents or agencies to enter relevant information into www.FederalReporting.gov on the State's behalf In this case, it may be possible that two different State officials inadvertently create separate data records reporting on the same activity. The State recipient is responsible to design and implement a process that prevents this. While prime recipients may find it prudent to register multiple individuals to report in the event the principal designee is not available, it is incumbent on the reporting authority to ensure that report submission responsibility is clearly assigned. Delegation bvprime recipient to sub-recipient—As noted in Section 2.3 of this Guidance, the prime recipient has the option of delegating reporting responsibility to the sub- recipient for those data items that relate to sub-recipient activity. If this delegation is not widely and clearly communicated, as well as closely monitored, it may be possible for mistakes to occur whereas both the prime recipient and sub-recipient are reporting separately on the same activity. The prime recipient is responsible to design and implement a process that prevents this. At a minimum. the State must maintain an updated inventory of sub-recipient delegations and crosscheck all data records to make sure no reporting is occurring at the prime recipient level for instances where a delegation has occurred. During the corrections phase of the data reporting process, in other words, after the initial submission on the 10`h of the reporting month(See Section 3.2), additional risk for double counting emerges if multiple "users"attempt to correct the same record. Although it will not be possible in the www.FederalReporting.gov solution for a user to create an additional or new record as part of a correction exercise, it is still important that the prime recipient and sub-recipient establish a policy to clearly identify which user is authorized to make correction per award identification number. 14 • • 2.10 What are the ramifications of non-compliance with the recipient reporting requirements? Federal awards, like most legal contracts, are made with stipulations outlined in the award's term and conditions. Non-compliance with the reporting requirement as established under section 1512 of the Recovery Act is considered a violation of the award agreement because awards made with Recovery funds have a specific term requiring such compliance. The award term language is found in the Code of Federal Regulations (CFR) in 2 CFR Part 176.50. The Awarding Agency may use any customary remedial actions necessary to ensure compliance, including withholding funds, termination, or suspension and debarment, as appropriate. 2.11 How will these reports be made available to the public? All reports submitted pursuant to Section 1512 of the Recovery Act will be made available on www.Recoverv.gov and on individual Federal agency recovery websites. Federal agencies are encouraged to provide a link to w ww.Recoverv.gov to satisfy the requirement of Federal agencies to post recipient information quarterly. • 15 • Section 3 —Recipient Reporting Process 3.1 What aree the basic roles and responsibilities in the recipient reporting process? The recipient reporting process is centralized by enabling all recipients(both prime- and those sub-recipients who have been delegated reporting responsibility)to use www.FederalReportina.eov to submit their quarterly reports. Agencies will review the submissions using the same website and underlying central data repository. This centralized approach will simplify, filing requirements and will facilitate data review, analysis and transparency across the broad spectrum of Recovery Act programs and projects. The reported information will be made available to the public on www.Recoverv.eov. 3.2 What are the key activities and timeframes required for quarterly reporting? As previously mentioned in Section 2.5 of this Guidance, Section 1512 of the Recovery Act requires that prime recipients and delegated sub-recipients submit quarterly reports on their use of the funds not later than the 10th day following the end of each quarter beginning on October 10, 2009, and will be cumulative since enactment, or February 17, 2009.The statute further rewires that reported information will be made available to the public not later than the 30 day after the end of each quarter. Summary statistics for reported data will appear on www.Recovety.eov prior to the end of the 30-day period, but they will be appropriately marked to indicate their review status. The timeframe of key reporting activities and their sequence and is shown below and described in the paragraphs that follow. Recipient Reporting Tiimeine Holm en35dyspro 1-10 ays ofie'eed of .11721 mr.ar .Mot ,u-]9E.ys genus w. L'tlry.ow em I soe.yi Cmend the coli o' owur I e owe, - aw.R, Rwporeas a.�..wwe: wwa Min PrImarkISLIt Fro dew sf me. Agency Vrew"n? - .AgencyCOmmen(Pehod I Recipient Report AGjrsmrJes Posgg{e 16 • • Registration. Reporting recipients and reviewing Federal agencies must be registered as authorized parties prior to submitting or reviewing recipient reports on www.FederalReporting.gov. The registration function will be available at www.FederalReporting.gov no later than August 26, 2009. Thereafter, prime recipients, delegated sub-recipients and Federal agencies can register on the website. Prompt registration is encouraged. Since registration requires that prime recipients must be registered in the Central Contractor Registration(CCR) database and that all reporting entities have a D-U-N-S number(see Section 3.5 for more information on the CCR and D-U-N-S numbers), reporting recipients whom do not already meet these requirements should take immediate steps to prepare for registration. See Section 3.4 of this Guidance for further information detailing the registration process. Federal agencies will also need to register to perform their key activities within the system. Registration occurs only once, prior to the first reporting cycle. Prime recipients choosing to delegate reporting responsibilities should notify the affected sub-recipients early to allow them time to register. During days 1-10 following the end of the quarter,recipients and delegated sub- recipients prepare and enter their reportine information. See Section 3.6 for a description of reporting methods. During this period,the data are considered to be in pre-submission status until explicitly submitted. Recipients using the Web-based form method will be allowed to store draft versions of their reports. Draft versions will only be available to the individual creating the report. Recipients using the spreadsheet or system extracted • X1\1L options may store draft versions outside the system on recipient-owned computers or workstations. The data will assume the status of"submitted" and conform with the Section 1512 reporting requirements only when the reporting entity explicitly submits it using the web site functions. Submitted reports will be viewable by the appropriate prime recipient and by the Awarding Agencyi0. Prime recipients and delegated sub- recipients that have not submitted their data reports by the end of the 10th day will be considered non-compliant with the recipient reporting requirements. During days 11-21 following the end of the quarter, prime recipients ensure that complete and accurate reporting information is provided prior to the Federal agency comment period beginning on the 22nd day. Prime recipients will perform a data quality review as described in Section 4 of this Guidance. Prime recipients are responsible for verifying submitted information for all Recovery funds for which they are responsible, for notifying sub-recipients of reporting errors or omissions, and for ensuring any data corrections are completed in a timely manner. Prime recipients will be responsible for coordinating with sub-recipients on any identified data corrections. To facilitate corrections, the www.FederalReporting.gov solution will provide contact information for the individual who submitted the report including email contact information. After potential pilot testing of the solution, as mentioned in Section 2.6, it may be determined that the recipient reporting solution may not automatically generate email notifications for prime recipient to sub-recipient communications due to the potential volume resulting from computer-generated notifications. 1°Note that`Awarding Agency"is the data field consistent with the data dictionary within the supplemental materials to this Guidance, 17 • • Agencies may perform an initial review of the information in a"view-only"mode during this time period,but they will not be allowed to provide official feedback to prime recipients. During this period summary statistics for the initial data submissions will appear on www.Recovery,gov. During days 22-29 following the end of the quarter. Federal agencies review and; if determined, comment on the submitted reporting information. Submitted reports will not be editable by prime recipients or delegated sub-recipients during this time period unless notified by the Federal agencies. The Federal agencies will perform a data quality review as described in Section 4 of this Guidance. The Federal agencies will notify the recipients and delegated sub-recipients of any data anomalies or questions through the www.FederalReporting.gov solution, This notification will unlock the notated report. Capability for Federal agency notation will be included as well. The original Submitter must complete data corrections no later than the 29th day following the end of the quarter. Federal agency review will be indicated by the status indicators identified in Section 4.8 of this Guidance. No later than 30 days following the end of the quarter, detailed recipient reports are made available to the public on the www.Recoverv.gov website. Federal agencies are encouraged to link to www.Recoverv.gov on their respective websites to fulfill their Section 1512 reporting requirements of facilitating the dissemination on recipient reports to the public. Federal agencies may also post recipient information on their respective websites after the data has been posted on the www.Recoverv.gov website. Any data issues identified beyond the date of publication will be corrected or addressed in the next quarterly report. 3.3 What is www.FederalReporting.gov and what is its relationship to wsnv.Recovery.gov? The solution www.FederalReoorting.gov is the web site that recipients will access in order to fulfill their reporting obligations as defined by Section 1512 of the Recovery Act and by this Guidance. The www.FederalReporting.gov solution will provide recipients and federal agencies with the ability to: • Register for the site and manage their account(s) • Submit reports • View and comment on reports if the user represents a Federal agency or prime recipient • Update or correct reports when appropriate 18 • • ,.i",{3' }i err yx .fi § �+ z' a 3 1y Yi } i it3 �,1Ltt4, } " ,Cs�, 3.vib 5tp :11.4 i, icrlg�4`4N�zf ac nkp R 1a '4r� i "‘ � Publish > . t.- t �+'� ", • r�t"wx n 7 4i • e S 41: at.ac ... Database!.-TM }T 4t1..*t 70 Supports Provides'. , RecipientResistratinnPubticataaccess '1 8G I t{3B;fDr#Ln ' -"- ��D3�ei� eMBR-L ..t:-z- I -• e i 8171e-W rA a .a a rations"' x " t , i3r - to tS`= - .�.a� • The www.FederalReportinn.eov website works in conjunction with the www.Recoverv.Rov website to provide a comprehensive solution for recipient reporting and Recovery data transparency. Recipient reports are submitted to www.FederalReporting.gov and are ultimately published on www.Recoverv.eov in accordance with the recurring quarterly timeframe described above in Section 3.2. 3.4 How does a recipient register for the www.FederalReporting.gov solution? As previously mentioned in Section 3.2, prime recipients and delegated sub-recipients will need to be registered as authorized users of the www.FederalReporting.gov solution prior to submitting recipient reports into the website, and the registration function will be available on www.FederalReportine.eov no later than August 26, 2009. Prompt registration is encouraged. Award recipients should register within 10 business days of receiving an award once the registration function is available. The process for registering with www.FederalReporting.gov will be as follows: • Go to the website: The user will launch their commercial Web browser software application(e.g., Internet Explorer, or Firefox) and will navigate to the website www.FederalReponing.gov. • Provide registration information: The user will select the Registration link on the main page and fill-in the required registration information. All users will be asked for a preferred User Identifier(User ID), a password, an email address, and a primary phone number. Depending on the user's role in the system, some additional information may also be required. o Users that are representatives of State agencies will provide the Dun and Bradstreet (D&B)D-U-N-S number for their State agency. If the State agency uses more than one D-U-N-S number,the number of the State agency organization that is administering the award should be used. o Department of Defense (DoD)users will enter their organization's Department of Defense Activity Address Code (DODAAC). o Users that are representatives of prime recipients or sub-recipients will provide their organization's D-U-N-S number. These numbers will be used to lookup the user's organization in the CCR or D&B databases to populate additional information into the reporting submission. 19 • . • e Prime and sub-recipients will need to register. If the Prime uses more than one D-U-N-S number, the number of the organization that received the award should be used. o Please note that registering with CCR and/or D&B requires additional processing time for the two organizations to validate user organization registration information. Combined CCR and D&B registration time can range from a single to several days depending on the particular organization and type of registration(s). If recipients need to register with CCR and/or D&B prior to using the www.FederalReporting.gov solution, the recipients should allow sufficient time to complete the registrations in order to still meet Recovery Act reporting deadlines. Advance registration is strongly recommended. • Receive confirmation: When the website registration has been successfully concluded, the www.FederalReporting.gov solution will send a confirmation of registration to the user by email. Account Maintenance: The www.FederalReporting.gov website will also support management of a user's account and user data such as contact information. For example, the user can update an email address or the user account can be disabled. Help desk support will be available for website functions as described in Section 3.10. 3.5 What are CCR and Dun and Bradstreet, and how does a recipient register with them? What is CCR? The Central Contractor Registration (CCR) is the primary contractor database for the US Federal Government. CCR collects, validates, stores and disseminates data in support of agency acquisition missions. (Since October 1, 2003, it is Federally mandated that any organization wishing to do business with the Federal government under a Federal Acquisition Regulation (FAR)-based contract must be registered in CCR before being awarded a contract.) Because CCR is a Federally mandated and funded program, there is no cost to registrants for registering in CCR. Further detailed information on CCR is available at this URL: littp://www.ccr.gov/FAO.aspx, What is a CCR DP1N? A Marketing Partner Identification Number(MPThJ) is a password created by a user in CCR that allows the user to access other government systems such as PPIRS (Past Performance Information Retrieval System). The MPIN is a nine-character alphanumeric code; and must include at least one alpha and one numeric character, with no spaces. The MPIN is required in recipient reporting but not as part of the registration process. What is a D-U-N-S number and who provides it? Dun & Bradstreet (D&B) maintains a business database containing information on more than 100 million businesses worldwide. D&B provides a D-U-N-S number, a unique 9-digit identification number; for each physical location of a business organization. D-U-N-S Number assignment is free for all businesses required to register with the U.S. Federal government for contracts or grants. The D-U-N-S number is used by the www.FederalReporting.gov solution to 20 • • indentify business organizations. Further detailed information on D&B is available at this URL: http://feduov.dnb.com`webform. 3.6 How does a recipient submit reports into wwvw.FederalReporting.gov? There are three basic methods to submit reports into the wwwFederalReporting.gov solution. The reporting organization can choose the most convenient method for reporting among the following: I) Online data entry in a Web browser: The website provides a straightforward data entry form, available via the user's Web browser, for report data entry. Technical requirements: A commercial Web browser such as Microsoft's Internet Explorer, or Firefox is required for this option. 2) Excel spreadsheet: The website will make a Microsoft Excel spreadsheet available for report submission. The user can download this spreadsheet, open the spreadsheet in Microsoft's Excel spreadsheet program and fill it in. The spreadsheet can then be uploaded to the website with the user's browser at wvww.FederalReporting.gov. The spreadsheet is"locked"to restrict modification of the spreadsheet and allow data entry only in the required fields. Note: Recipients must not modify the structure of the spreadsheet or risk non-compliance due to an invalid submission. Technical requirements: Microsoft Office's Excel (Version 2003 or newer) is required to open and edit the spreadsheet file. A Web browser such as Microsoft's Internet Explorer, or Firefox is required to access the website. 3) Custom software system extract in X1VIL: Organizations with sufficient technical experience may choose to submit a properly formatted Extensible Markup Language (XML) file for their report submission. The supplemental materials to this Guidance contain the data dictionary and XML schema needed for formatting and structuring the XML system extracts. Additional detail about field constraints (such as the elements used in drop down menus on the Web form) will be added to those materials and posted to www.FederalReportina.gov. A service for validating the structure of XlvIL extracts will be available on www.FederalReportine.eov prior to the submission period to ensure extracts are properly formatted. Recipients are strongly encouraged to test their report structures prior to the reporting period. Technical requirements: A Web browser such as Microsoft's Internet Explorer, or Firefox is required to access the website. Organizations must match a.specific nn,schema format. The schema for the data submission will be provided on the www.FederalReportine.gov website. Regardless of the approach taken, there is a common underlying data dictionary between all three approaches which will support common unified publishing to www.Recoven'.trov in accordance with the quarterly timeline discussed in Section 3.2. See document entitled,Recipient Reporting Data Model. This document will be published on OMB's website and www.Recoverv.gov as supplemental materials to this Guidance. 21 • • The process for filling in the reporting information online (method 1) is as follows: • Go to the website: The user will launch their commercial Web browser software application (e.g., Internet Explorer or Firefox) and will navigate to the site www.FederalReportine.eov. • Login: The system will prompt the user for a valid userid and password combination to log-in. • Select Recipient Type: The user will select the appropriate recipient type(e.g., Prime Recipient or Sub-Recipient). • Select Reporting Type: The user will select the appropriate reporting submission (e.g., grant, loan or other form of assistance). • Fill in the Online Form: The user will fill in the online form according to the screen instructions. Some basic information is mandatory such as D-U-N-S Number,Grant or Loan number. This data should be gathered in advance of using the online system • Confirmation: Once the user transmits data,the reporting solution will acknowledge receipt and will check for validity of all information. Due to the anticipated volume of reports, the validation may be delayed up to 24 hours. The validation will ensure that the system can accept the report. • Submission: The Web form will require that the user explicitly "submit" the entered information when completed. Recipients who have not completed the submission step by the end of the 10th day after the end of the reporting quarter will be considered non-compliant with reporting requirements. The system will acknowledge the completion of the submission step if it is successful. The process for downloading the spreadsheet (method 2) is as follows: • Go to the website: The user will launch their commercial Web browser software application (e.g., Internet Explorer or Firefox) and will navigate to the site v virw.FederalReporting.eov. • Login: The system will prompt the user for a valid userid and password combination to log in. • Select Recipient Type: The user will select the appropriate recipient type (i.e., Prime Recipient or Sub-Recipient). • Select Reporting Type: The user will select the appropriate type of reporting submission (e.g., grant, loan or other form of assistance). • Select the File: The user will select the spreadsheet and download the template. Once the spreadsheet has been updated, the process for uploading the spreadsheet is as follows • Go to the website: The user will launch their commercial Web browser software application(e.g., Internet Explorer or Firefox) and will navigate to the site www.F ederalRep orti n e.eov. • Login: The system will prompt the user for a valid userid and password combination to log in. 22 • • • Submit Report: The user win select the report submission choice and select the upload spreadsheet option. The user will follow a standard select file process. • Confirmation: The system will display a confirmation of report acceptance. The system will then validate the structure of the data for conformance to the data standards. This process may take as long as 24 hours to process based on system load, however submitters are considered compliant with reporting requirements if they submit data valid file within the required timeframe. The process for downloading the XML Schema (method 3) is as follows: • Go to the website: The user will launch their commercial Web browser software application (e.g., Internet Explorer or Firefox) and will navigate go to the site www.FederalReporting.gov. • Login: The system will prompt for a valid userid and password combination to log in. • Select Recipient Type: The user will select the appropriate recipient type (i.e., Prime Recipient or Sub-Recipient). • Select Reporting Type: The user will select the appropriate type of reporting submission(e.g., grant, loan or other form of assistance). • Select the File: The user will select the XML and download the schema. The process for uploading the X11T, extract file is as follows: • Go to the website: The user will launch their commercial Web browser software application(e.g., Internet Explorer or Firefox) and will navigate to the site www.FederalReporting.gov. • Login: The system will prompt for a valid userid and password combination to log M. • Submit Report: The user will select the report submission choice and select the upload XML schema option. The user will follow a standard select file process. • Confirmation: The system will display a confirmation of report acceptance. The system will validate the structure of the data for conformance to the data standards. This process may take as long as 24 hours to process based on system load. Special reporting Requirement for Prime Recipients Prime recipients will be required to enter their MPIN from CCR at the time of report submission. This information is required to identify the submitter as a prime recipient. Prime recipients will not be able to view sub-recipient reports until the prime recipient report is submitted using a valid MPIN for the D-U-N-S associated with the award. 3.7 What if the recipient does not have Web access? Only electronic submission across the public Internet, by the three methods defined in Section 3.6 is supported at this time. Reporting entities that do not have access to the Internet should contact the awarding agency for guidance. 23 • • • 3.8 How does a Federal agency or recipient review reporting submissions? The www.FederalReporting.gov solution supports the review of recipient submissions by Federal agencies and prime recipients. The solution will enable multiple reviewers for each agency or prime recipient, although there will be only a single reviewer allowed for each individual report. The process for reviewing reporting submissions is as follows: • Go to the website: The user will launch their commercial Web browser software application (e.g., Internet Explorer or Firefox) and will navigate go to the site www.Federalf_eporting.gov. • Login: The system will prompt for a password and the user will login. • Select Report: The user will select a report to review if action is required by the report submitter, and the reviewer is allowed to make comments in accordance with the quarterly timeline in Section 3.2. There will be a mechanism for extracting recipient reports for Federal agency review and a capability within the system to notate reports. 3.9 How does a recipient make a report correction to a submission? A recipient may decide, or may be asked by a subsequent reviewer, to make a correction to a submission. The entity submitting the report is the data owner of the submission and is therefore responsible for applying any corrections. The recipient can update the submission with the following process: • Go to the website: The user will launch their commercial Web browser software application(e.g., Internet Explorer or Firefox) and will navigate go to the site www.FederalReporting.gov. • Login: The system will prompt for a password and the user will login. • Select an Existing Report: The user will select a report to be re-submitted. • Data Entry: If the report was submitted in an online form (method 1), the user can then edit the fields in the online folio and save them again. • Select the Replacement File: If the report submission is file-based(methods 2 or 3), the user will select the updated>NIL file or spreadsheet file to be uploaded and will submit the file according to screen instructions. • Confirmation: The system will display a confirmation of report acceptance. The system will validate the structure of the data for conformance to the data standards. This process may take as long as 24 hours to process based on system load. 3.10 How does a recipient access the www.FederalReporting.gov solution helpdesk? The registration and reporting processes will be supported by a helpdesk. The helpdesk contact information will be available on the www.FederalReporting.gov website at the start of registration and will provide help with user functions related to the registration 24 • • and reporting processes. Questions regarding specific Recovery awards or programs should be referred to the Federal Awarding Agency. Federal Agency Review Process 3.11 How will agencies obtain recipient data elements? Recovery recipient reporting data will be provided for download by Federal agency and program officials from a central data repository. These files may be used to automate data quality reviews or create agency/program specific reports. Details regarding format and download options are being developed. 3.12 What data elements will Federal agencies use to review recipient reports? Federal agencies should develop internal policies and procedures for reviewing reported data. Federal agencies may extract the data elements below to validate recipient reports for compliance, accuracy, and consistency with Federal award data. Automated checks for accuracy may be conducted by comparing recipient data to the award data stored in agency financial systems of record. For example, recipient data may be used to ensure that all Federal agency recipients have submitted reports and to verify that all prime- recipient D-U-N-S reported have actually received Recovery funding. Also, amounts may be validated for consistency to ensure the individual or aggregated values do not exceed the agency amounts awarded or disbursed. Items the Federal agency might consider: • Award Number • Funding Agency Name • D-U-N-S Number • EN • • CFDA • Recipient Organization • Project/Grant Period • Total Cost of Infrastructure Investments • Amount of award Current Value • Amount of Award or Sub Award Ultimate Value (anticipated total amount of cash) • Total amount of Sub awards less than$25,000 • Total Jobs Created/Retained 3.13 How will the other data elements be used by Federal agencies? Federal agencies may review additional data elements highlighted below to determine if a prime recipient's report is realistic or will produce expected results. This type of review is more subjective and may need to be conducted manually. For example, the Federal agency may elect to compare data elements for consistency in reporting by comparing the 25 • • percent of money disbursed with the percent complete or comparing the project/activity code with the project's narrative description. The agency may choose to review fields for reasonableness, such as the estimated number of jobs creatediretained; or choose to measure the value of infrastructure costs with the rationale for the infrastructure investment. • Completion Status • Estimate of number of jobs created • Estimate of number of jobs retained • Purpose of infrastructure investment • Rationale for funding the infrastructure investment with ARRA funds • NEPA Compliance Status • NEPA Supporting Information 3.14 Can agencies use recipient reporting to make decisions impacting the recipient's awards? Although the intent of the recipient reporting solution is primarily reporting as opposed to management, Federal agencies may use recipient reports to help assess compliance with the terms and conditions of the individual award agreements, further assess risks and to determine when to release the remaining funds. For example, for certain grant programs a Federal agency may have partially awarded each State's allocation with the intent to award the remaining available Recovery funds after each State addresses how the they will meet the reporting requirements in the Recovery Act, including the recipient reports required by Section 1512(c). In this case, the agency may publish specific guidance that only affects its grants, in accordance with these reporting requirements, to specify what information recipients must provide before receiving the balance of its Recovery grants. 26 • • Section 4 —Data Quality Requirements 4.1 What is the scope of required data quality reviews? Data quality(i.e., accuracy, completeness and timely reporting of information)reviews required by this Guidance are intended to emphasize the avoidance of two key data problems -- material omissions and significant reporting errors. Material omissions are defined as instances where required data is not reported or reported information is not otherwise responsive to the data requests resulting in significant risk that the public is not fully informed as to the status of a Recovery Act project or activity. An example of a material omission would be a recipient, or delegated sub-recipient, who fails to report the current percentage of completion for a project and/or an activity that has been funded by the Recovery Act. Instances in which a prime recipient or sub-recipient fails to report entirely would be considered a material omission for the purposes of this Guidance. In general,material omissions should be minimized by the www.FederalReporting.gov solution, which will require fields to be completed for successful transmission. However, a material omission may still occur to the extent submitted data is not responsive to a specific data request. For example, a recipient required to report a description of a purchase made from a vendor may not provide sufficient detail in the description for the reader to derive the nature of the purchase. Significant reporting errors are defined as those instances where required data is not reported accurately and such erroneous reporting results in significant risk that the public will be misled or confused by the recipient report in question. An example of this would be a recipient, or sub-recipient, who reports expenditures in excess of the amount awarded by the Federal funding agency, excluding funding resulting from match requirements. Significant reporting errors may be intentional or accidental. Actions should be taken to reduce either cause. Federal agencies should coordinate how to apply the definitions of material omission and significant reporting error in given program areas or across programs in a given agency. This will ensure consistency in the manner in which data quality reviews are carried out. 4.2 Who is responsible for the quality of data submitted under Section 1512 of the Recovery Act? Data quality is an important responsibility of key stakeholders identified in the Recovery Act. Prime recipients, as owners of the data submitted,have the principal responsibility for the quality of the information submitted. Sub-recipients delegated to report on behalf of prime recipients share in this responsibility. Agencies funding Recovery Act projects and activities provide a layer of oversight that augments recipient data quality. Oversight authorities including the OMB. the Recovery Board, and Federal agency Inspectors General also have roles to play in data quality. The general public and non-governmental • 27 • • • entities interested in "good government"can help with data quality, as well, by highlighting problems for correction.* • Prime Recipient o Owns recipient data and sub-recipient data o Initiates appropriate data collection and reporting procedures to ensure that Section 1512 reporting requirements are met in a timely and effective manner o Implements internal control measures as appropriate to ensure accurate and complete information o Performs data quality reviews for material omissions and/or significant reporting errors, making appropriate and timely corrections to prime recipient data and working with the designated sub-recipient to address any data quality issues • Sub-recipient o Owns sub-recipient data o Initiates appropriate data collection and reporting procedures to ensure that Section 1512 reporting requirements are met in a timely and effective manner o Implements internal control measures as appropriate to ensure accurate and complete information o Reviews sub-recipient information for material omissions and/or significant reporting errors, and makes appropriate and timely corrections • Federal Agency c Provides advice/programmatic assistance o Performs limited data quality reviews intended to identify material omissions and/or significant reporting errors, and notifies the recipients of the need to make appropriate and time changes • Oversight Authorities (such as OMB,Recovery Board, and agency Inspectors General) . o Establish data quality expectations c Establish data and technical standards to promote consistency o Coordinate any centralized reviews of data quality 4.3 Does this Guidance mandate a specific methodology for conducting data quality reviews? No. However, the relevant party conducting a data quality review required by this Guidance (i.e., recipients, sub-recipients, Federal agencies) must use its discretion in determining the optimal method for detecting and correcting material omissions or Mechanisms for the public to provide feedback on the data will be available on Recovery.gov as well as individual agency Recovery websites. 28 • • significant reporting errors. At.a minimum, Federal agency, recipients, and sub-recipients should establish internal controls to ensure data quality, completeness, accuracy and timely reporting of all amounts funded by the Recovery Act. Possible approaches to this include; • Establishing control totals (e.g., total number of projects subject to reporting, total dollars allocated to projects) and verify that reported information matches the established control totals; • Creating an estimated distribution of expected data along a"normal"distribution curve and identify outliers; • Establishing a data review protocol or automated process that identifies incongruous results (e.g.,total amount spent on a project or activity is equal to or greater than the previous reporting); and • Establishing procedures and/cross-validation of data to identify and/or eliminate potential "double counting" due to delegation of reporting responsibility to sub- recipient(see Section 2.9). 4.4 What is the process and timing of data quality review efforts? • Recipients and sub-recipients reporting Section 1512 data into the www.FederalReporting.gov solution must initiate a review of the data both prior to, and following, the formal submission of data. The post-submission review period runs from the 1 1 th day of the reporting month to the 21st day of the reporting month for prime recipients. During this post-submission review period, significant reporting errors or material omissions that are discovered can be corrected using the www.FederalReporting.gov solution. Specific instructions for submitting new or corrected data will be provided on the www.FederalReporting.gov website. The prime recipients are responsible for reviewing data submitted by sub-recipients. Where a recipient identifies a data quality issue with respect to information submitted by the sub-recipient,the recipient is required to alert the relevant sub-recipient of the nature of the problem identified by the recipient. All corrections by recipients and sub-recipients during this phase of the review must be transmitted by the 21s`day of the reporting month. • Federal agencies will initiate a review of the data after formal submission by the recipients and sub-recipients. During the recipient and sub-recipient review period (i.e.,day 11 to day 21 of the reporting month),Federal agencies will have access to review the data and should begin initial reviews at this time. However, the official agency review process begins on the 22nd day of the reporting month and runs until the 29th day of the reporting month. During this period, the Federal agency will be responsible for reviewing data submitted by recipients and sub- recipients. Where an agency identifies a data quality issue with respect to information submitted by the recipient or sub-recipient, the Federal agency is required to alert the relevant recipient of the nature of the problem identified by 29 • • the Federal agency. All corrections by recipients and sub-recipients during this phase of the review must be transmitted by the 29th day of the reporting month. • After the 29th day, no further corrections can be made. Corrections identified that for whatever reason cannot be made by the 29th of the month will be incorporated into the following quarter's data report of the recipient or delegated sub-recipient. Additional information on the timing of data quality reviews can be found in Section 3.2 of this Guidance. • 4.5 Are recipients required to certify or approve sub-recipient data into the www.FederalReporting.gon solution prior to the end of the recipient post- submission review period (i.e., day 1.1 to day 21 of the reporting month)? No. The recipient is required to run a data quality review process consistent with Section 3 and Section 4 of this Guidance. The recipient is further required to make necessary corrections to recipient data and to further alert sub-recipients of identified significant reporting errors or material omissions. These actions are expected to occur prior to the 22nd day of the reporting month. The agency review process will begin on the 22nd day of the reporting month regardless of the actions of the recipient and sub-recipient. Please see Section 3.2 for further guidance. No separate statement of assurance or certification will be required of prime recipients with respect to the quality of sub-recipient data. 4.6 What are the implications or consequences of uncorrected data quality problems by recipients and sub-recipients? As referenced throughout this Guidance, recipients and delegated sub-recipients are the owners of the data submitted. As further promulgated in OMB M-09-15, timely, complete, and effective reporting under Section 1512 of the Recovery is a term and condition of receiving Recovery Act funding. As a result, Federal agencies will be required to continuously evaluate recipient and sub- recipient efforts to meet Section 1512 requirements as well as the requirements of OMB implementing guidance and any relevant Federal program regulations. In particular, Federal agencies will work to identify and remediate instances in which: • Recipients that demonstrate systemic or chronic reporting problems and/or otherwise fail to correct such problems as identified by the Federal agency; • Sub-recipients that demonstrate systemic or chronic reporting problems and/or otherwise fail to correct such problems as identified by the recipient or Federal agency; and • Recipients that demonstrate systemic or chronic deficiencies in meeting its responsibilities to review and identify data quality problems of sub-recipients consistent with the requirements of this Guidance. 30 • • On a case-by-case basis, such findings of a Federal agency can result in termination of Federal funding and/or initiation of suspension and debarment proceedings of either the recipient or sub-recipient, or both. Further, in some cases, intentional reporting of false information can result in civil and/or criminal penalties. See also Section 2.10 of this Guidance. 4.7 Axe Federal agencies required to certify or approve data for publication on www.Recovery.gov or agency websites? No. The Federal agency is required to run a data quality review process consistent with Sections 3 and 4 of this Guidance. These actions are expected to occur prior to the 30th day of the reporting month. The information will be posted according to the Recovery Act and this Guidance no later than the 30"'day after the end of the quarter regardless of the outcome of Federal agency data quality review efforts. 4.8 How will issues identified under the data quality reviews conducted pursuant to this Guidance be communicated to the public? This Guidance seeks to strike an appropriate balance between providing the public with transparency into the information as reported by prime recipients and sub-recipients and the longstanding requirements of the Government to ensure the quality of data disseminated to the public. Federal agencies will be required to perform data quality checks similar to those described in Section 4.3.12 In addition, Federal agencies will be required to classify submitted data(which may be organized by award or program), using the following three categories: • Not Reviewed by agency; • Reviewed by agency, no material omissions or significant reporting errors identified; and • Reviewed by agency, material omissions or significant reporting errors identified. Within the third category, to the extent the agency identifies any data that it has reason to believe is false or misleading that has not been corrected by the recipient or sub-recipient, the Federal agency must provide such findings to recoveryupdatesZesa.gov so that the Recovery Board can make such instances public on the website www.Recovery.gov. The system will automatically default to the first category of"Not reviewed by agency" if an agency has not chosen one of the above three categories before the 29th day of the process. • Consistent with Section 33,it may not be necessary for a Federal agency to separately review each submitted data record by a prime or sub-recipients. At the discretion of the Federal agency,the review may encompass only aggregate information in an effort to identify outliers within a unique record As a result,a Federal agency may, depending on the review approach or methodology,classify data as being"reviewed by agency"even if a separate and unique review of each submitted record has not occurred 31 • • 4.4 Are Federal agencies required to review prime recipient processes and procedures for collecting, reviewing, and reporting Section 1512 information? Yes. Consistent with Federal agency standard oversight responsibilities for financial assistance programs.Federal agencies will need to review the processes and procedures of prime recipients. 32 • • Section 5—Reporting on Jobs Creation Estimates by Recipients 5.1 What reporting is required by the Recovery Act for estimates of jobs created or retained? There are two distinct types of jobs reports that the Recovery Act requires. First, the Council of Economic Advisers, in consultation with 01\4B and Treasury, are required by the Recovery Act to submit quarterly reports to Congress that detail the impact of programs funded through Recovery funds on employment, economic growth, and other key economic indicators. OMB and agencies will continue to partner with CEA on these quarterly reports and other questions regarding macro-level jobs estimates. Agencies with questions about reporting macro-level or indirect jobs estimates should refer to CEA's guidance on reporting jobs: http://w w.whitehouse.gov/administration/eop/cea/Estimate-of-Job-Creation/ The second type of job estimates should be submitted by recipients of Recovery funds for each project or activity, as required by Section 1512(c)3(D) of the Recovery Act. This section addresses the jobs estimates required to be submitted by recipients. 5.2 What information are recipients covered by Section 1512 required to report? Recipient reporting requirements for grants, cooperative agreements, and loans were published in two separate Federal Register notices. The first notice contained proposed data elements and instructions on reporting jobs created and retained under grants, cooperative agreements, and loans (74 FR 14824). The comments on this first notice were reviewed, though an alternate data set had to be cleared on an emergency basis to accommodate the more immediate need for reporting requirements at the recipient and federal levels. The second notice contained interim final guidance and a standard award term (2 CFR 176.50)with a request for public comment. The comment period for the second notice ends on June 22, 2009 (74 FR 18449). While this guidance does not apply to contracts, recipient reporting requirements and a standard award clause for federally awarded contracts were published in an interim final rule with request for public comment(FAR 52.204-11). The public comment period on the contract rule has now closed, and the final rule will be published in the near future. The final detailed reporting requirements for recipients of grants, cooperative agreements, loans and contracts along with data entry instructions will be posted on www.FederalReportine.gov as explained in federal agency award terms/clauses. The points below provide an overview of the key requirements and supplemental guidance on reporting the employment impact of the Recovery Act funded work. • Prime recipients are required to report an estimate of jobs directly created or retained by project and activity or contract. Recipients will be required to report an aggregate number for the cumulative jobs created or retained for the quarter in a separate numeric field. Recipients will also be asked to provide a narrative description of the employment 33 • • impact. While no change is being made to the actual information required to be reported, the clarification that this information will be collected in two separate fields—one numeric and a text field for the narrative—is an update from previous Recovery Act guidance. • A job created is a new position created and filled or an existing.unfilled position that is filled as a result of the Recovery Act; a job retained is an existing position that would not have been continued to be filled were it not for Recovery Act funding. A job cannot be counted as both created and retained. Also, only compensated employment in the United States or outlying areas should be counted. See 74 FR 14824 for definitions. • The estimate of the number of jobs required by the Recovery Act should be expressed as "full-time equivalents" (F 1E), which is calculated as total hours worked in jobs created or retained divided by the number of hours in a full-time schedule, as defined by the recipient(see Section 5.3 for more information). The FTE estimates must be reported cumulatively each calendar quarter. • Recipients of grants, cooperative agreements, and loans must include in the aggregate number and their narrative description an estimate of jobs created and retained on projects and activities managed by their funding recipients. This clarification is a change from previous guidance; based on comments received on the Federal Register notice and stakeholder input. For additional guidance on providing these estimates see Section 5.4. • Recipients should not attempt to report on the employment impact on materials suppliers and central service providers (so-called"indirect"jobs) or on the local community ("induced"jobs). Employees who are not directly charged to Recovery Act supported projects/activities, who, nonetheless,provide critical indirect support, e.g., clerical/administrative staff preparing reports, institutional review board staff members, departmental administrators, are NOT counted as jobs created/retained. Recipients report only direct jobs because they may not have sufficient insight or consistent methodologies for reporting indirect or induced jobs. The Council of Economic Advisers is developing a macro-economic methodology to account for the overall employment impact of the Recovery Act. • The narrative should include a brief description of the types of jobs created or retained. This description may rely on job titles,broader labor categories, or the recipient's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work. • Recipients will report for all projects and activities or federally awarded contracts regardless of whether they are funded in whole or in part by the Recovery Act, but should report only on the jobs and funding attributable to an award under the Recovery Act. Please note that certain recipients, such as those funded by Department of Transportation, have job reporting requirements in the Act that go beyond Section 1512. Recipients must follow this 34 • • guidance with respect to the reporting requirements under Section 1512, and must also comply with program and agency-specific requirements. 5.3 What methodology should recipients use when calculating the number of jobs created or retained? The requirement for reporting jobs is based on a simple calculation used to avoid overstating the number of other than full-time, permanent jobs. This calculation converts part-time or temporary jobs into `full-time equivalent" (FTE)jobs. In order to perform the calculation, a recipient will need the total number of hours worked that are funded by the Recovery Act. The recipient will also need the number of hours in a full-time schedule for a quarter. The formula for reporting can be represented as: Cumulative Re cov ety Act Funded Hours Worked(Otr 1...n) —FTE Cumulative Hours in a Full—time Schedule(Otr 1...n) Example: Assume that a recipient is preparing its first quarterly report and that the recipient's Recovery Act funded work required two full-time employees and one part-time employee working half days for the quarter. Also assume that the recipient's full-time schedule for the quarter is 520 hours (2080 hours in a work-year divided by 4). To convert hours worked to number of FTE for the first quarterly report, aggregate all hours worked and divide by the number of hours in a full- time schedule for the quarter. In this example, full-time hours worked (520 hrs x 2 employees= 1040 hrs) part-time hours worked (260 hrs)+number of hours in a full-time schedule for the quarter(520 hrs) =2.5 FTE reported in the first quarterly report. Because jobs are reported cumulatively each quarter, this same number of FTE would be reported for the second quarter if the same number of employees worked the same number of hours. Reporting is cumulative across the project lifecycle,and will not reset at the beginning of each calendar or fiscal year. in the example above,the 2.5 FTE reported in the first quarterly report will stay the same through the project lifecycle, assuming the same number of employees work the same number of hours. The table below shows the FTE calculations through the lifecycle of an 18 month project that uses full-time, part-time, and temporary workers. Period 3rd qtr 4th qtr 1st qtr 2nd qtr 3rd qtr 4th qtr Full-Time Schedule 520 1040 1560 2080 2600 3120 Full Time Employee 1 520 1040 1560 2080 2600 3120 Full Time Employee 2 520 1040 1560 2080 2600 3120 Part Time Employee (half time) 260 520 780 1040 1300 1560 Temporary Employee(650 hrs.) 0 0 130 390 650 650 Total Hours Worked 1300 2600 4030 5590 7150 8450 Quarteriy.FTE. .2.50 : 2.50 ..• 2.58 _.r2.69 2:75 . . .2.71 . 35 • • An alternative calculation based on the allocable and allowable portion of activities expressed as a percentage of the total is acceptable for recipients of assistance agreements that must comply with OMB Circular A-21, Cost Principles for Educational Institutions. OMB Circular A-21 recognizes that practices vary among educational institutions as to the activity constituting a full workload. Compensation charged to sponsored projects must conform to the institution's established policies and reasonably reflect the activity for which the employee is compensated. Charges to sponsored projects may be expressed as a percentage of their total activities. Therefore, for purposes of ARRA reporting of jobs created or retained, colleges and university may count, proportionately, the percentage of effort directly charged to ARRA awards as an FTE equivalent. For example - A faculty member charging 50% effort on an ARRA award will be counted as .5 Flb. Hourly and part time employees shall be calculated based on actual hours worked on the sponsored agreement and the institution's definition of a full workload for employment. The total hours reported may include paid leave. 5.4 How should recipients estimate the job impact of funding provided to sub- recipients? Recipients must include an estimate of jobs created and retained on projects and activities managed by their funding recipients in their aggregate number and their narrative description. This information will be provided for each project and activity funded by the Recovery Act. The clarification that recipients must report jobs estimates for all sub-awarded funds is an update from previous guidance. For example, consider a prime recipient that receives a $10 million grant from a Federal agency for a specific project or activity. Assume the prime recipient hires five FTE to administer the program at a total cost of$l million, and distributes nine $1 million grants to sub-recipients. In this case, the prime recipient will report the direct job creation of 5 FTE, and would also provide an estimate of the total employment impact of the nine $I million grants (using the same FTE methodology discussed in 5.3). Prime recipients are required to generate estimates of job impact by directly collecting specific data from sub-recipients and vendors'' on the total FIE resulting from a sub-award. To the maximum extent practicable,information should be collected from all sub-recipients and vendors in order to generate the most comprehensive and complete job impact numbers available. However, in limited circumstances, the prime recipient can employ an approved statistical methodology to generate estimates of job impact, thereby collecting data from a smaller subset of sub-recipients and vendors in order to extrapolate an estimate of job impacts to all applicable sub-recipients and vendors. A statistical methodology should only be employed in those cases t'Job estimates regarding vendors of prime-or sub-recipients,should be limited to direct job impacts for the vendor and not include"indirect"or"induced"jobs(see Section 52),e.g., hiringiretaininc employees for infrastructure projects. 36 • • where a comprehensive collection of jobs data from all sub-recipients and vendors is overly costly or burdensome and thus disrupts the prime recipients' ability to effectively implement the underlying mission of the program. The appropriate Federal agency for a given program area will issue supplementary guidance providing an acceptable statistical methodology for this purpose, including required sampling parameters. Further, OMB will explore with the Board whether the current data collection technology,w w.FederalReporting.gov, can be modified in the future to allow sub-recipients to report jobs data directly to prime recipients. In the narrative description accompanying the estimate,where the prime recipient utilizes a statistical methodology as described above, the prime recipient should note what part of the estimate was generated with actual data received versus what part of the estimate was generated through extrapolation. In addition, the narrative should provide a description of the statistical methodology used. In addition to providing this information by project and activity as required by the Recovery Act, as a best practice it is also recommended that State governments post the employment impact of all recovery funds prominently on the State recovery website. 37 • • Appendix—Reference Sheet of Frequently Used Guidance Terms This appendix aims to serve as a reference sheet of terms used in this Guidance document. It does not intend to redefine terms used in existing OMB Circulars; and it is meant to interpret this guidance document only. Data quality as used in this Guidance means steps considered to improved accuracy, completeness and timely reporting of information. The data quality reviews required by this Guidance are intended to emphasize the avoidance of two key data problems -- material omissions and significant reporting errors that are also defined in this appendix. Data Elements are the specific pieces of information that will be collected for recipient reporting under the Recovery Act requirements. The data dictionary provided in the supplemental materials to this Guidance lists these elements in a technical nature, and are also highlighted in Section 2 of this Guidance. Direct loan means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term also includes certain equivalent transactions that extend credit. Expenditures—As defined in the data dictionary provided in the supplemental materials to this Guidance, the amount of Recovery funds received that were used to pay for projects or activities, including payments made to sub-recipients and vendors. Material omissions are defined as those instances where required data is not reported or reported information is not otherwise responsive to the data request and such reporting gaps result in significant risk that the public will be misled or confused by the recipient report in question. In general, material omissions should be minimized by the www.FederalReporting.gov solution,which will require fields to he completed for successful transmission, as well as include edits and cross-edits to ensure data validity. However, a material omission may still occur to the extent submitted data is not responsive to a specific data request. For example, a recipient required to report a description of a purchase made from a vendor may not provide sufficient detail in the description for the reader to derive the nature of the purchase. Recipients required to report to the Federal government are entities, other than individuals, that receive Recovery Act funding as Federal awards in the foiru of a grant, cooperative agreement, or loan directly from the Federal government. Recipients may be referred to as "prime recipients" in this document to help make the distinction between sub-recipients regarding the roles, responsibilities and reporting requirements. Significant reporting errors are defined are defined as those instances where required data is not reported accurately and such erroneous reporting results in significant risk that the public will be misled or confused by the recipient report in question. An example of this would be a recipient,or sub-recipient who reports expenditures in excess of the amount awarded by the Federal funding agency, excluding funding resulting from match requirements. ?s • • Sub-recipients that receive all or a portion of the Recovery funding may report to the Federal government based on guidance and direction from the prime recipient. Sub-recipients are non- Federal entities that are awarded Recovery funding through a legal instrument from the prime recipient to support the performance of any portion of the substantive project or program for which the prime recipient received the Recovery funding. The terms and conditions of the Federal award are carried forward to the sub-recipient. This sub-award could be in the form of a sub-grant or sub-contract, but it is not considered a "federal government contract,"as it is not awarded directly by a Federal agency. A sub-recipient may also be a prime recipient of other Federal awards directly from the Federal government. Vendors, for the purposes of this guidance are entities or individuals from which the prime recipient or sub-recipient procures goods or services needed to carry out the project or program. Vendors are not awarded funds by the same means as sub-recipients and are not subject to the terms and conditions of the federal financial assistance award. • 39 ATTACII'4IENt E • • 2009-SB-39-0271 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(OW),L.S.Depar anent of Justice is responsible for ensuring that recipients of financial aid from 0.1P,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 financial assistance from discriminating on the basis of race, color, national origin, religion, sex,or disability in funded programs or activities,-nor 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 Depar anent 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 l/www.oip.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. 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 ea^h year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segment 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 L.S.C. § 3789d(c),or other Federal grant program requirements,must meet two additional requirements:(1)complying with Federal 1 of8 ATTACHMENT E • • • 2009-SE-B9-0271 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 ESOP 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 EEOP reporting requirements: • If your organization has received an award for 5500,000 or more and has 50 or more employees(counting both full-and pan-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.usdo;.gov/ocrieeop.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 525,000 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 return it to OCR.The Certification Form can be found at littp://www.ojp.usdojagoviocrteeop.htm. If your organization received an award for less than 525.000: 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 hitp://www.ojp.usdoj.gov/oceeeop.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)3070690 or visit our website at htto://www.oin.usdoi.eov/ocr/. • 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(OW)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 42302),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 ant funds) are not satisfactorily and promptly addressed as further described in the current edition of the OIP 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, 2 of 8 ATTACIIMENT F • 2009-SB-B9-0271 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,suberantee,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,gratuiry,or similar misconduct involving nut 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.usdoi.gov/oig. 6. 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 OW 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 1 I 1 -5 ("ARR0." or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. • 7. The-grantee agrees:to assistBJAin.complying with the-National Environmental:Poiicy Act(NEPA),the National Historic Preservation Act, and atherrthlated.federal-environmental impact analyses requirements in:the:use.of these grant funds, either directly bythegrantee orb,asubgrantee.Accordingly, die grantee agrees to'-fust determine if any of the following activities-will-.be fundedbyrthe:grant prior-to oblieatino'dunds'for.any.of these:purposes,if it is determined::that:any of.the'follouine activitieswtll;be funded by'the•gram,thergrantee.agreesto contactBJA, The grantee understands-that this special-condition applies toits'followine new:activities•uhether or.not3hey are being specifically funded with these.grantfunds. That is;:as long:as:the actiaityisbeing conducted'by.the grantee, a subgrantee,:or-any thud 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 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)resultima change in its basic prionuse.or.(b)Significantly change:Ms-size; - a. 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 prom-am relating to clandestine.methamphetamine laboratory operations,-ineluding the identification,seizure,.or.closure.of Clandestine.methamphetamine laboratories. The granter_understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to'tne requirements for implementation-ofa Mitigation Plan,as detailed at{website],for programs relating to methamphetamine laboratory operations. Application of This Special:Condition-10 Grantee's Existing Programs or Activities:For any of the grantee'''s or its 3 of ATTACHMENT E • • 2009-SB B9-0271 subgrantees'.existingiprogramsor,activities that-will be funded by.these,grant funds,the.grantee, upon specific request from-BJA, agrees.to cooperate with BI[A:in anypreparationby BJAOfa.national or program envirouutental.assessment of that:funded,program oractidity. 8. To avoid,duplicating existing.networksor ITsystems in any initiatives funded--byBJA for law enforcement infonnationsharing.systemswhich involveinterstateconnec¢virv.betweenjutisdiction such systems shall-.employ. • - to the exient,possible, existingmetworks-as the communicationbackbone to achieve interstateconnectivity,unless the granteecan demonstrate to the satisfaction of ETA 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 evaivationireauirements,as-prescribed bylaw and detailed by the BJA in program guidance for the Justice Assistance Grant(JAG)Program. Compliance with thesereauirements will be monitored'hylBIA 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 OW determine 28 C.F.R._ Part 23 to be applicable, 0.TP may, at its discretion,perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Pan 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 funds 11. 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 pan that Department of Justice grant awards of direct funding may not be used to • fund any inherently religious activities,such as worship;religious instruction_orproselyvzation: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 htmJ/www.ojpgoviabout/ocriequal foo.htm. • 12. 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,go to http://www.itojp.govidefaultaspx?area—policyAndPracrice&page=1 046. 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 for law enforcement activities. 14. RECOVERY ACT-JAG-Trust Fund The recipient is required to establish a trust fund account. (The trust 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 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-269). L5, RECOVERY ACT—Access to Records;Interviews The recipient understands and agrees that DOT(including OJT' and the Office of the Inspector General (01 G)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the tight to examine all records (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 or employee of 4 of S ATTACIEVIENT E • 2009-SB-B9-(1271 the recipient(or 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 DO] funding. 1y. RECOVERY ACT-Separate Tracking and Reporting of Recovery Act Funds and.Outcomes The recipient agrees to track,account for,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 may be used in coniunction 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. 18. RECOVERY ACT-Sub-awards--Monitoring • The recipient agrees to monitor sub-awards under this Recovery Act award in accordance with all applicable statutes. regulations, OMB circulars;and guidelines, including the OW Financial Guide,and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of sub-recipient 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 monitorineof suhawards 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 https://grants.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, 2009, 0313 will discontinue its use of the SF 269A,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.vithitehousegovionth/grantsistandardiorms/ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009(and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OW online (at https://arants.oip.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. 21.RECOVERY ACT-Recovery 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 Organizations" 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 Form(SF-SAC)required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-I33, "Audits of States,.Local Governments, and Non-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 9 of Part III on 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. 5 of 8 ATTACHMENT E • 2009-SB-134-0271 (c) The recipient agrees to separately identify to each subrecipient the Federal award number.CFDA number, and amount of Recovery Act funds, and to document this identification both 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 furnished to subrecipients shall distinguish the subawards of incremental Recovery 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 Recovery Act funds as well as facilitate • oversight by the Federal awarding agencies,the DOJ 0IG, 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 no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act, (c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration(www.ccr.gov)at all times during which they have active federal awards funded with Recovery Act funds.A Dun and Bradstreet.Data Universal Numbering System.(DUNS)Number(www.dnb.com)is one of the - requirements for 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 is pre-filled is corrected or updated as needed. 23.RECOVERY ACT--Provisions of Section 1512(c) The recipient understands that section 1512(e)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 resort to that agency that contains- (I)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 projector activities for which recovery funds were expended or obligated, including- (A) the name of the project or activity; (B) a description of the project or activity; (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) for infrastructure investments made by state and local governments,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 (4)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 825,000 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 of non- Federal employers who disclose information reasonably believed to be evidence of gross management,gross waste, substantial and specific danger to public health or safety, abuse of authority,or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. • 6 of 8 ATTACth IENi E • • 2009-SB-B9-0271 25.RECOVERY ACT—Limit on 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,for construction costs or any other support of any casino or other gambling establishment,aquarium,zoo,golf course,or 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 OW. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits.The text of the Recovery Act(including sections 1511 and 1602) is available at w ww.ojn.usdoj.govirecoverv. 27:RECOVERY ACT-Buy American Notification(Recovery Act,section 1605) The recipient.understands that this award issubjectto the pro4isions ofsection 1605 of the Recovery:Act("Buy .American").No:award funds-may be used for'ironasteelaor:manufactured goods fora project for the construction, alteration,'maintenance. oi:repatraf a_pnbtiabuilding or public-work,unless:the redipient;provides:advance-written notification to the OW:program office,:and:a:Grant-:Adjustment Notice is issued that modifies.this special condition to ads government-.wide standard conditions:(anticipated to"be:published in.:subparB of2.C.F.R,.part'176)that further implement thespecificrequiretnents 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. For purposes of this special condition,the following definitions apply: "Public building" and "Ptibiicwork" meansa a public building df,.and a public:work:off, 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-State,:regional,:or interstate entities which lave got'ernmental`functions). These buildings-and works may include,without limitation,bridges,-dams,,plants,highways,parkways,streets,subways,tunnels, sewers,:mauts,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 alloy that-includes-at<least 50 percent iron,between '02 and 2 percent carbon, and may include other elements. For purposes of OW 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,fP program manager- in advance-with any questions concerning this condition,including its applicability to particular circumstances. 7 of5 ATTACHMENT E • 2(ID9-SB-B9-0271 28.RECOVERY ACT-Wage Rate Requirements under Section 1606 of the Recovery Act (a)Section:1606-of the Recovery Aet.equires:that all laborers:and-mechanics-employed by contractorsand subcontractors on projects:funded dtrectl os or assisted In whole.orin part'byand through::the Federal Government pursuant to the RecoveryAct shall-be paid wages:at rates notdess than those:prevailing:on projects-of.a character similar in the-locality as-determined by the Secretary of Labor in accordance with subchapter l b'of chapter 31 of.title 40.United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act,40 O.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 5.5 instruct agencies concerning application of the standard Davis- Bacon contact clauses set forth in that section. The standard Davis-Bacon contact clauses found in 29 CFR 5.5(a)are to be incorporated in any covered contacts made under tins award that are in excess of 52,000 for consttucoon.alteration or repair(including painting and decorating). (o)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.Tne Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29.RECOVERY ACT—NEPA and Related Laws The recipient understands that all QJP:awards-are•subjectrto the National-Environmental-Policy Act(NEPA,42 U.S.C. section 4321 et seq.).and other related Federal Jaws(including the-National Historic Preservation Act),if applicable.The-recipient agrees to assist OS?in carving out:itsresponsibilities under NEPA and related laws, if.the-recipient,plans to ruse.Recovery Act funds(directly or through.subaward.or contract)to undertake any activity that triggers-theserequirements,.such as renovation or canstruction.:(See:28 CFR 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 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 ina-range.of penalties.:including-suspension o •ciinent and-future_funds.=suspension or debarment--:from:federal grants.-recoupmentofmonies•provided under-anaward:and civil-and!or criminal penalties. 31.RECOVERY ACT-Additional Requirements and Guidance The recipient agrees comply with any modifications or additional requirements that-maybe unposed bylaw and future OJP (including•govemment-wide)guidance and clarifications of Act requirements. 32. RECOVERY ACT-JAG -Delinquent section 1512(c)reports The recipientacknowledges that it has certified that it will comply With:all-reporting requirements under section 1-512(c)of the Recovery Act. (An-online:reporting:mechanism-is anticipated to be available for award recipient use by October 10,x2009.)Further to tint certification;a:failure to coninis with the section 1512(c)reporting.requirements may.;in addition to-other-penalties,subject the recipient to the following: p i After failure to report section 1512(c)data for-two:consecutive reporting periods_the recipient may be—.(a) preciudedfrom drawing down funds.under any.OJP.award. andlor,(b).deemed ineligible:for future.discretionary OH awards.until such time-as•the recipient becomes current inits-section 1512(c)reporting obligations;:and (2)After failure to report section 15I2(c)data for three consmutive reporting periods.the recipinn.upon wrinen demand of the Direcior of BA,shall return to OJP any unexpended award funds(including any unexpended interest earned on award funds)within 15 calendar days of the date of the demand notice.Tnereafter,the recipient's award shall be convened to a cost-reimbursable grant until such time as the recipient becomes current in its section 1512(c)reporting obligations,and remains con-em for not less than two additional consecutive reporting periods. 8 of 8 ATTACHMENT B HOW TO APPLY FOR FY 2009 RECOVERY ACT lAG GRANT REIMBURSEMENTS 1. A letter on your letterhead that includes or states the following: A. Your agency's request for reimbursement in the amount of$ B. Against Grant# 2009-SB-B9-0271; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJ P Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Financial Status Report (FSRs) using a Standard Form 269A (SF-269A). This report reflects the actual federal monies spent, unliquidated obligations incurred,and the unobligated balance of federal funds. The FSR is due at the Sheriffs Department Financial Division no later than 10 days following each calendar quarter,even if you don't have any reimbursement claims. The reporting quarter end dates and due dates are as follows: Qtr. ending 09-30-09 due no later than 10/10 Qtr.ending 12-31-09 due no later than 01/10 Qtr.ending 03-31-10 due no later than 4/10 Qtr. ending 06-30-10 due no later than 7/10 B. All invoices and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed,if any. D. Copies of signed check(s) for purchase(s); All of the above documentation must be provided or your claim cannot be processed. Please keep in mind the requirements are outlined in the OMB M-09-21 (Attachment D). Your reports will need to be submitted before the quarter ending dates in order to meet the 10 day deadline. If you have any questions please call Yumi Leung at(714) 834-6674. Send your claim to the Attention of Yumi Leung at 320 North Flower Street Suite 108, Santa Ana,Calif.92703.