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HomeMy WebLinkAboutU.S DEPARTMENT OF JUSTICEpip INSURANCE NOT REQUIRED WORK 141AY PROCEED 41 h..,.ry CL OF COUNCIL U.S. DEPARTMENT OF JUSTICE OFFICE OF CO&IMUNiTY ORIENTICU POLICING SFRViCps 145 N Street. NE, Wishi0nton. b.C. 20i30 p . Past pa u�,uv�e�t . o) pr June 25, 20 0 Chief of Police David Valentin City Manager Ynstme Ridge Santa Ana, City of 60 Civic Center Plaza Santa Ana, CA 92702 Re: COPS Hiring Program award number 202OULWX0021 ORI CA03019 Dear Chief of Police Valentin and City Manager Ridge: A-2020-184 COPS Congratulations on your agency's award for 10 officer position(s) and $1,250,000.00 in federal funds over a three-year award period under the 2020 COPS Hiring Program (CHP). The local cash match required for this award will be $2,699,842.00. Your agency may use CHP award funding to (1) hire new officers, (2) rehire officers who have been laid off, or (3) are scheduled to be laid off on a specific future date, as a result of local budget reductions, on or after the official award start date. Please note that any changes to the awarded hiring categories require an official review and approval by the COPS Office. A list of conditions that apply to your award is included on your Award Document and Award Document Supplement, if applicable. A limited number of agencies may be subject to an Additional Award Notification as a result of an ongoing federal civil rights investigation, other award review, or audit of your agency by the Department of Justice. If applicable to your agency, the Additional Award Notification is included at the end of this letter and is incorporated by reference as part of this letter. In addition, a limited number of agencies may be subject to Special Conditions as a result of high risk designation or other unique circumstances. If applicable to your agency, these Special Conditions will be found in an Award Document Supplement in your award package. You should read and familiarize yourself with these conditions. To officially accept your award, the Award Document (nduding the conditions and special conditions, if applicable) must be signed electronically via the Account Access link on the COPS Office website at www.cops.usdoj.gov within 45 days from the date of this letter. The official start date of your award is 07/01/2020. Therefore, you can be reimbursed for allowable and approved expenditures made on or after this date. Please carefully review the Financial Clearance Memorandum (FCM) included in your award package to determine your approved budget, as some of your requested items may not have been approved by the COPS Office during the budget review process and award funds may only be used for approved items. The FCM will specify the final award ADVANCING PUBLIC: SAFETY THROUGH COMMUNITY POLICING 20C-3 OR[ CA03019 - Award 2020ULWX0021 - Awo xl Letter 2020 -CHP -Page 2 of 2 amount and will also identify any disallowed costs. Supplemental online award information for 2020 COPS CHP recipients can be found on the CHP Program page at https://cops.usdoj.gov/clip-award. We strongly encourage you to visit this site immediately to access a variety of important and helpful documents that will assist you with the implementation of your award including the 2020 CHP Award Owner's Manual, which specifies the programmatic and financial terms, conditions, and requirements of your award. In addition, the above website link includes the forms and instructions necessary to begin drawing down funds for your award. Please also ensure that you print out a copy of your application and maintain it with your award file records. Once again, congratulations on your 2020 CHP award. If you have any questions about your award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 800-421-6770. Phillip E. Keith, Director Date: 06/16/2020 Additional Award Notification ADVANCING PUBLIC 5AU-1-Y Ti-iROUGH CO MMUNHY POLICING -4 A-2020-184 U.S. DEPARTMENT OF JUSTICE OCOMMUNITYPS 15 OFFICE OF ORIENTED POLICING SF.Rk9CF5 4 COVJ 145 N Street. NE, R'ashingron, D.C- 205i0 Award Document COPS Office COPS Hiring Program (CHP) CFDA - 16.710 - Public Safety Partnership and Community Policing Grants Treasury Account Symbol (TAS) 15XO406 Award Number: 202OULV X0021 ORI Number: CA03019 OJP Vendor Number: 956000785 DUNS Number: 083153247 Applicant Organization's Legal Name: Santa Ana, City of Applicant's System for Award Management(SAM) name: Santa Ana, City Of Law Enforcement Executive / Agency Executive: Chief of Police David Valentin Government Executive / FInancial Official: City Manager Kristine Ridge Award Start Date: 07/01/2020 Award End Date: 06/30/2023 AwardAmount: $1,250,000.00 Full -Time Officers Funded: 10 New Hires: 10 Rehires Previously Laid Off. 0 Rehires Scheduled for Lay Off: 0 The FY 2020 COPS Hiring Program (CHP) award provides funding to law enforcement agencies to hire and/or rehire career law enforcement officers in an effort to increase their community policing capacity and trine prevention efforts. CHP awards provide up to 75 percent of the approved entry-level salaries and fringe benefits of full-time officers for a 36-month award period, with a minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position. The Financial Clearance Memorandum (FCM) and, if applicable, the Cooperative Agreement included in your award package are incorporated by reference in their entirety and shall become part of this Award Document. By signing this Award Document, the recipient agrees to abide by all FY 2020 Community Policing Development Program (CHP) Award Terms and Conditions; the approved budget in the FCM; if applicable, all requirements in the Cooperative Agreement; and, if applicable, the Special Award Conditions and/or High Risk Conditions in the Award Document Supplement. Phillip E. Keith, Director Date: 06/16/2020 (Signature Pe � _ Signature ofthe �cial with die Author! Accept this GrantAward ' / — (SignaturePending ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING (Date Pending) Date 042�4;1 (Date Pending) 20C-5 ORI CA03019 - Awmct12020ULW X0021 - Aword Document 2020 - CAP -Page 2 of 2 Signature ofthe Financial Official with the Authority to Accept Date this GrantAward False statements or claims made in connection with COPS office awards may result in fines, imprisonment; debarment from participating in federal awards or contracts, and/or any remedy available by law to the Federal Goverrunent. ADVANCING PUBLIC SAFETY TI-mouc3Ft COMMUNITY ['OLICING 20C-6 ORI CA03019 - Awmd 202OULWX0021 - Awmd Terms and Conditions 2020 - CAP -Page 1 of 16 U.S. Department of Justice Office of Community Oriented Policing Services 2020 COPS Hiring Program Award Terms and Conditions By signing the Award Document to accept this COPS IIiring Program award, your agency agrees to abide by the following award terns and conditions: 1. Award Owner's Manual The recipient agrees to comply with the terms and conditions in the applicable 2020 COPS Office Program Award Owner's Manual; COPS Office statute (34 U. S.C. § 10381, at seq.) ; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars. 2. Assurances and Certifications The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. 3. Allowable Costs The funding under this project is for the payment of approved full-time entry-level salaries and fringe benefits over three years (for a total of 36 months of funding) up to a maximum federal share of $125,000 per officer position for career law enforcement officer positions lured and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories: • Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency's budget; • Rehiring officers laid off by arty jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by yourjurisdiction) on a specific future date as a result of state, local, or BIA budget reductions If your agency's local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The Financial Clearance Memorandum (FCM), included in your award package, specifies the amount of CHP funds awarded to your agency. You should carefully review your FCM, which contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed ADVANCING PUBLIC SAFETYTHROUGH COMMUNITY POLICING 26C-7 ORI CA03019 -Award 2020m.W X0021 -Award Teams wad Conditions 2020 - C11P -Page 2 of 16 for the approved cost categories that are documented within the FCM, up to the amounts specified in the FCM. Your agency may not use CfIP funds for any costs that are not identified as allowable in the Financial Clearance Memorandum. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to extendthe length of the award beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month finding period will be deobligated during the closeout process and should not be spent by your agency. 4. Supplementing, Not Suonlantine State, local, and tribal governments must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office -funded item(s) in the absence of the COPS Office award. 34 U.S.C, § 10384(a). 5. Extensions Your agency may request an extension of the award period to receive additionaltime to implement your award program. Such extensions do not provide additional funding. Awards may be extended a maximum of 36 months beyond the initial award expiration date. Any request for an extension beyond 36 months will be evaluated on a case - by -case basis. Only those recipients that can provide a reasonable justification for delays will be granted no -cost extensions. Reasonable justifications may include difficulties in filling COPS Office -funded positions, officer turnover, or other circumstances that interrupt the 36 month award funding period An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests most be received prior to the end date of the award. 6. Modifications Occasionally, a change in an agency's fiscal or law enforcement situation necessitates a change in its COPS Office CI3P award. Award modifications under CHP are evaluated on a case -by -case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (101/a) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional swam officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post - application, the agency would have to request a modification. The COPS Office will only consider a modification ADVANCING PUBLIC SAFETY Tii]IOUC H COMMUNITY POLICING ORI CA03019 - Award 202OULW X0021 -Award Terms end Conditions 2020 - CEP -Page 3 of 16 request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 7. Evaluations The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators 34 U.S.C. § 10385(b). 8. RenortdPerformance Goals To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic progress reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.327 - 200.328, The progress report is used to track your agency's progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency's community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient's award funds on a cumulative basis throughout the life of the award. 9. Award Monitming Activities Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation —compliance and programmatic benefitsarepart of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring.activities conducted by the COPS Office include site visits, enhanced office -leased grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. Asa COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting. documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three -years after the submission of the final expenditure report. 34 U.S.C, § 10385(a) and 2 C.F.R. §§ 200.333 & 200.336. 10. Federal Civil Rights The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulationspertaining to civil rights and nondiscrimination, and; in addition — a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U. S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U. S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discr'iminationAct of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) Of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), whichwill apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; ADVANCING PUBLIC SAFETY T1-iR0UGH C OMMUNI I'Y VOLIC;ING ORI CA03019 - Awm112020ULW X0021 -Awmd Tame end Conditions 2020 - CHP -Page 4 of to c. the Applicant understands that it must require any subrecipient to comply with all such applicable. statutes (and associated regulations); and d. on behalf of the Applicant, Imake the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. The Applicant also understands that (in addition to any applicable program -specific regulations and to applicable federal regulations thatpertainto civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith -based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 11. Equal EmploymentOpportunity Plan All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). 12. False Statements False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Duplicative Funding The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award. 14. Additional High -Risk Recipient Requirements The recipient agrees to comply with any additional requirements that may be unposed during. the award performance period if the awarding agency determines that the recipient is a high -risk recipient (2 C.F.R. § 200.207). 15. System for Award Management (SAM) and Universal Identifier Requirements The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 — Award Term: I. System for Award Management and Universal Identifier Requirements A. RequirementforSystemforAwardManagement Unless you are exempted from this requirement under 2 C.F.R. § 25,110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirementfor unique entity identifier If you are authorized to make subawards under this award, you: ADVANCING PUBLIC SAFETY -THROUGH (]OMMUNITY POLICING -10 ORi CA03019 - Award 20200LW X0021 -Award Tetras and Conditions 2020 - CHP -Pnge 5 of Is 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you, 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System forAward P2anagement (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently ath=s://www.s= Rov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 C.F.R. Part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; C. A domestic or foreign nonprofit organization, d. A domestic or foreign for -profit organization; and C. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for whichyou received this award and that you as the recipient award to mi eligible subrecipient. b. The term does not include your procurement of property and services needed tocany out the project or program (for further explanation, see 2 C.F.R. § 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. ADVANCING PUBLIC: SAFE-1 Y THROUGH C OMMlJhll"I'Y YOLIC:INC 20C-11 ORI CA03019 - Award 2020ULW X0021 -Award T.a end Conditions 2020 - CLIP -Page 6 of 16 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. ADVANCING PUBLIC SAH-t,Y THROUC;H COMMUNITY POLICINC OPI CAU3019 - Award 202OULW X0021 - Award Terms mid Conditions 2020 -CIIP -Page 7 of IG 16. Reportina Subawm•ds and Executive Compensation The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 — Award Town: I. Reporting Subawards and Executive Compensation. a. Repottingoffirst-tiersubmvards. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Rib. L. 111-5) for a subaward to an entity (see definitions in paragraph a, of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to hops://www fsrsgov. H. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) What to report. You must report the information about each obligating action that the submission instructions posted at https:/Avww.fsrs.gov specify. b. Reporting Total Compensation of RecipientExecutives. Applicability and what to report You must, report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if — i. the total Federal funding authorized to date under this award. is $25,000 or more; ii. in the preceding fiscal year, you received — (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and . ADVANCING PUBLIC SAFETY T ROUGH COMMUNITY POLICING, L IMj ORI CA03019- Award 2020ULWX0021-A oud Terms end Conditions 2020-CHP-Pose 8 of 16 (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)). or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total. compensation filings at https://www.sec.gov/answers/execomp.litim.) 2 Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov, ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation ofSubrecipientHxecutives. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first -tier subrecipient under this award, you shall report the names. and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipients preceding completed fiscal year, if — in the subrecipienfs preceding fiscal year, the subrecipient received — (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www see. gov/answers/execomp. him.) Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: ADVANCING PUBLIC; SAFETY Tf-mOUGH COMMUNITY POLICING 20C-14 ORI CA03019 -Award 202OULWX0021 - Award Terms and Conditions 2020 - CHP -Page 9 of 16 i. To the recipient. it. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you. must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, mid ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined. in 2 C.F.R. Part.25: i. A Governmental organization, which is a State, local government, or Indian tribe; H. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for -profit organization; V. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive projector program for which you received this award and that you as the recipient award to an eligible subrecipient, ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and ADVANCING PUBLIC SAFETY ROUGH COMMUNITY POLICING 917 -15 ORI CA03019 - Aword 2020MMX0021-Awmi Terns d Conditions 2020 - CIIP -Psge 10 of is Non -Profit Organizations"). iii. A subaward maybe provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and H. Is accountable to you for the use of the Federal funds provided by the subaward 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 C.F.R. § 229.402(c)(2)): i. Salevy and bonus. n. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. in. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. u Above -market earnings on deferred compensation which is nol tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 17. Debarment and Susnension The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government -wide Nonproeur-ement Debarment and Suspension) and 2 C.F,R. Part 2867 (DOJ Nonprocurement Debarment and Suspension). 18. Employment Eli ffibility The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING .16 ORI CA03019 - Awnrc12020ULW X0021 - Awerd Tenns end Conditions 2020 - CHP - Page 11 of 16 19. Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information The recipient agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. The recipient also agrees to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner's Manual for a full text of the statute. 20. Mandatory Disclosure Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass -through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect, the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.338. 21. Conflict of Interest Recipients and subrecipients must disclose in writing to the COPS Office or pass -through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in accordance with 2 C.F.R. § 200,112. 22. Contract Provision All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, (Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards). Please see appendices in the Award Owner's Manual for a full text of the contract provisions. 23. Restrictions on Internal Confidentiality Agreements No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2020, Public Law 116-93, Division C, Title VII, Section 742. 24. Recipient Integrity and Performance Matters For awards over $500,000, the recipient agrees to comply with the following requirements of CY R, Part 200, Appendix XII to Part 200 — Award Tenn and Condition for Recipient Integrity and Performance Matters: A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Reguuement If the total value of your currently active awards, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported A17VANC,ING PUBLIC SAFETY T ROUGH COMMUNrry POLIC1NC 20C-17 ORI CA03019 - Aw-" 2020ULW X0021 -Award Tems and Conditions 2020 - CHP -Page 12 of 16 to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2. of this award term and condition This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C, 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You MustReport Submit the information required about each proceeding that: a. Is in connection with the award or performance of an award, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five year period, and Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined ni paragraph 5. of this award tensand condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: i, It could have led to an outcome described in paragraph 2.e.(1), (2), or (3) of this award term and condition; i It hada different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and iu. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures ADVANCING PUBLIC: SAFETY T RCIUCH COMMUNITY POLICINCt ORI CA03019 - Award 2020ULW X0021-Award Teims end Conditions 2020 - CHP - Page 13 of 16 Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2. of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subj act to the requirement in paragraph 1. of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceedings) that you have not reported previously or affirm that there is no new information to report Recipients that have Federal contract, award, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings, 5. Definitions For purposes of this award term and condition a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal mid State level but only in connection with performance of a Federal contract or award. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active awards, cooperative agreements, and procurement contracts includes — (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and _ (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 25. Citizenship and Immigration Status Communications Authority to obligate or expend contingent on compliance with this condition. ADVANCING PUBLIC SAFETY 1"FIROUGH COMMUNITY POLICING 20C-19 ORICA03019-Aw it 202OULWX0021-Avn�d Terns eud Conditions 2020 - CHP - Page 14 of 16 NOTE: This grant condition is established under the COPS Office's broad authority and discretion to award and administer grants. See, e.g., 34 U.S.C. § 10381, at seq. This condition applies only to state or local government entities or to non -state or local government entities that make subawards with these funds to a state or local government entity. State or local government entity recipients of this award, and any subrecipient of this award at any tier that is an entity of a State or of a unit of local government, may not obligate or expend award funds if — at the time of the obligation or expenditure — the "program or activity" of the recipient funded in whole or in part with the award funds (which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding citizenship or imlmigmtion status with components of the U. S. Departtnent of Homeland Security or any federal, state or local government entity, as generally described in 8 U.S.C. 1373(a) or (b). This includes any prohibitions or restrictions imposed or established by a state or local government entity or official. A subrecipient of this award (at any tier) that. is an entity of a State or of a unit of local government may not obligate or expend award funds if — at the time of the obligation or expenditure — the "program or activity" of the subrecipient (which includes any such program or activity of any subrecipient at any further tier) funded (in whole or in part) with award funds is subject to any prohibitions or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding citizenship or immigration status with components of the U.S. Department of Homeland Security or any federal, state or local government entity, as generally described in 8 U.S.C. 1373(a) or (b). This includes any prohibitions or restrictions imposed by a state or local government entity a official. Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall be unallowable costs for purposes of this award Rules of Construction. For purposes of this condition, "program or activity" means what it means under section 606 of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). References to the Immigration and Naturalization Service in 8 U. S.C. 1373 are to be read, asa legal matter, as references to particular components of the U.S. Department of Homeland Security. Should any provision of a condition of this award be held to be invalid or unenforceable by its terns, then that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law (to any person or circumstance) under this award. Should it be held, instead, that a condition (or a provision thereof) is of utter invalidity or unenforceability, such condition (or such provision) shall be deemed severable from this award. Any questions about the meaning or scope of this condition should be directed, prior to acceptance of this award, to the Office of Community Oriented Policing Services Legal Division at 202-514-3750. 26. Contracts and/or MOUs with other Jurisdictions Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit you agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi -jurisdictional issues as described in the agreement. ADVANCING PUBLIC SAFE CY TmMUGH COMMUNITY POLICING W11 ORI CA03019 - AWer(I 202OULW X0021 -Awed Trams end Conditions 2020 - CHP - Pege 15 of 16 27. Retention At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally -funded sworn officer positions that would have existedin the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally -funded vacancies resulting from attrition. 34 U:S.C. § 10382 (c)(8). 28. Community Policing Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. In sections VI(A) and (B), your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving --your agency's plan to assess and respond to the problem identified; (b) community partnerships and support, including related govenunental and community initiatives that complement your agency's proposed use of CHP funding; and (c) organizational transformation —/tow, your agency will use the funds to reorient its mission to community policingor enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem -solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency's approved community policing plan, which you described in your award application 29, Local Match COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must bepaid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U,S.C. § 10381(g). 30. School Resource Officer (SROI Training Rea WminemR COPS Office -funded SRO(s) are required to complete a National Association of School Resource Officers (NASRO) 40 hour basic training course. Course substitutions are not permitted. Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO lure date; whichever comes first. If a COPS Office -funded SRO leaves the recipient agency after completing the NASRO training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a NASRO 40 hour basic training course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed NASRO 40 hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must contact the NASRO Grant Coordinator if they want funds to cover registration and travel costs. ADVANCING PUBLIC SAMY THROUGH COMMUNITY POLICING ------- --zoo-�� ______ -____ ORI CA03019 - Award 2020ULW X0021 - Awarcl Tura. and Conditions 2020 -CHP- Page 16 of I6 31. Background Investigations Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completionof the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.207 If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.338 until the agency can demonstrate the background investigation has been completed 32. Career Law Enf'omement Officer Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time `career law enforcement officers" for 36 months. The COPS Office's statute defines a "career law enforcementofficer" as "a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws." 34 U.S.C. §10389(l). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become "career law enforcement officers" if it is the standard practice of the agency to do so with locally -funded recruits. The State of Alaska, and any Indiantribe or tribal organization in that State, may also use officer hiring funds for a "village public safety officer" defined as "an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670." Tribal Law and Order Act of 2010, Pub. L. 111-211, title It, § 247 (a)(2). ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING 20C-22 U.S. DI?FAirrNIEMr OF JUSTICE. �®�� OFFICE OF COMMUNITY ORIENTED POT.ICINO SIMVICES 141 N Street. NE Washington U.G. 20130 Financial Clearance Memorandum CUPS Office COPS Hiring Program Program (CHP) To: Chief of Police David Valentin and City Manager Kristine Ridge Re: Financial Clearance Memorandum A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. Total officer positions awarded: 10 Approved costs per entry-level officer, per year Year 1 Year 2 Year3 Base salary $82,860.00 $96,860.00 $97,670.00 Benefits $30,102.47 $43,144.47 $43,347.22 Social Security $0.00 $0.00 $0.00 Medicare $1,201.47 $1,404.47 $1,416.22 Health insurance $18,900.00 $18,900.00 $18,900.00 Life insurance $0.00 $0.00 $0.00 Vacafion $0.00 $0.00 $0.00 Sick leave $0.00 $0.00 $0.00 Retirement $10,001.00 $22,840.00 $23,031.00 Worker's compensation $0.00 $0.00 $0.00 Unemployment insurance $0.00 $0.00 $0.00 Approved total project costs Per officer Grand total ADVANCING MBLIC SAFFJY THROUGH COMMUNITY I'OLICING ORI CA03019 - AW WXI 202OULWX0021 - Awmd.Fin..W Clearance Memo 2020 - CHP -Pose 2 d 2 Salaries and fringe benefits $393,984.16 Federal share $125,000.00 Applicant share $268,984.20 Local match waiver not granted. Budget Cleared Date: 06/25/2020 Overall Comments: NA Additional Comments: N/A $3,939,842.00 $1,250,000.00 $2,689,842.00 ADVANCING PUBLIC SAFETY THROUGH COMMUNI I'Y POLICING 411 U.S. DEPARTMENT OP JUSTICE o� OItICI OP COMMUNtrY Otumnlj PoT.ICINcS SERVIChs 145 N Street, NE, Was,1111gron, O.C. My) Award Document Supplement COPS Hiring Program (CHP) By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient agrees to abide by the following Special Award Conditions and/or High Risk Conditions: Special Award Conditions Advancing Department of Justice Priority Crime Problem Awards Your agency has been selected for a COPS Hiring Program (CHP) award to address a particular Department of Justice priority crime problem/focus area, based specifically on your CHP award application's community policing plan to improve your agency's public safety response to the critical issues of Illegal Immigration, Violent Crime, or Homeland Security. Please be advised that, in accepting this award, your agency is agreeing to this Special Condition to its CHP award that requires your agency's COPS -funded officers (or an equivalent number of locally - funded officers) to initiate or enhance your agency's community policing plan to address one of the priority crime problems identified above. By signing the 2020 CHP award, your agency understands and agrees to the following: • Your agency will implement the one specific community policing plan identified in your CHP award application; • Your agency will address its specific priority crime problem throughout the entire CHP award period; • Your agency will implement any organizational changes identified in its CHP award application in Section 6B, Questions 12 and 13; • Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements. Memorandum of Understanding Requirement (School -based Policing through School Resource Officers Focus Area Only) By signing the 2020 CHP award, recipients using CHP fimding to hire and/or deploy School Resource ADVANCING Nlfl.IC SAFETY T ROUGH COMMUNITY 1'OLIC;INC 91ZWIR ORI CA03019 - Award 202OULWX0021- Award 9peciol Conditions 2020 - C13P -Page 2 or2 Officers into schools understand and agree to the following: Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award congratulatory letter. Your agency's MOU must contain the following information; o The purpose of the MOU a Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers' roles on safety o, Information sharing a Supervision responsibility and chain of command for the SRO 0 Signatures Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency's implementation ofthe CHP award without submission and acceptance ofthe required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de -obligation. ADVANCING PUBLIC: SA[ E I Y rvirwuc-. -I COMMUNITY POLICING 1