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Home My WebLink About55B - AA - RESO - COPS HIRING GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ACCEPTING 2016 COPS HIRING GRANTFUNDS (STRATEGIC PLAN NO. 1, 313; 1, 1F) a,,, a CITY MANAGEf RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F"I• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $1,250,000 in 2016 COPS Hiring Grant funds in revenue account (no. 12714002 52001), and appropriating same to expenditure account (no. 12714409 - various). 2. Adopt a resolution allocating ten new Police Officer positions to the FY 2016 -17 Police Department budget. 3. Authorize the City Manager and the Chief of Police to sign the U.S. Department of Justice Office of Community Oriented Policing ( "COP ") Services Award Document and Award Document Supplement for the COPS Hiring Program. DISCUSSION In June of this year, the Police Department applied for a competitive 2016 COPS Hiring Grant made possible through the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS). The grant is designed to assist state and local law enforcement agencies in the hiring and retention of police officers. The COPS Office reviewed 1,181 applications ultimately awarding $119,309,470 through the COPS Hiring Program (CHP) by way of 184 grants nationwide. The Santa Ana Police Department received notification that it has been awarded a 2016 grant award for ten police officer positions in the amount of $1,250,000 over a three -year grant period. Attached as Exhibit "1" is the Award Document and Award Document Supplement. This is the third year in a row that the Police Department has received this highly competitive grant. The Police Department received similar grant awards for ten officers in 2014 and 2015. 55B -1 2016 COPS Hiring Grant November 15, 2016 Page 2 The Police Department plans on using these additional officers to enhance Community Policing initiatives by increasing frontline law enforcement staffing, which will allow officers much needed time to more positively engage with the community. The ten new officers will also help further advance the Police Department's beat policing program, and build on the President's 21St Century Policing Plan. The added officers will improve our effective crime reduction strategies while strengthening our trust with the community through our Community Policing Plan. The grant allows for a cost sharing partnership with the federal government where the grant funds approximately 30 percent of the associated costs and the City General Fund covers the remaining 70 percent. The grant requires that at the end of the three -year performance period, the City must retain these 10 additional police officer positions for a minimum of 12 months, over and above locally- funded positions that would have existed in the absence of the grant. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions); and Goal #1 - Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy F (enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes). FISCAL IMPACT The appropriation adjustment will recognize $1,250,000 in COPS Hiring Grant funds in revenue account (no. 12714002 52001), and appropriate same to expenditure account (no. 12714409 — various). Matching funds will be identified in the Police Department Field Operations account (no. 01114420 - various) at year -end for FY 2016 -17, and appropriated as part of the FY 2017- 18, FY 2018 -19, and FY 2019 -20 budget processes. Grant and general fund match amounts are projected for the following fiscal years as follows: 55B -2 1,153,241.85 1,441,552.31 1, 513, 536.92 254,271.23 4,362,602.31 COPS Grant City Match FY 2016 -17 330,434.04 822,807.81 FY 2017 -18 413,042.55 1,028,509.76 FY 2018 -19 433,668.03 1,079,868.89 FY 2019 -20 72,855.38 181,415.85 55B -2 1,153,241.85 1,441,552.31 1, 513, 536.92 254,271.23 4,362,602.31 vYVI o�y US. D1 PAIMNIENT OFJUSTICF. OFFICE OF CONfdIUNtry ORIENTED POLICING SERVICES l *, ;* ;' 145 N Street, Mr, W shington, DC 20530 Exhibit 1 Award Document COPS ]Hiring Program CFDA - 16.710—Public Safety Partnership and Community Policing Grants Treasury Account Symbol (TAS) 1.5X0406 Award Number: ORI .Number: OJP Vendor Number: Applicant Organization's Legal Name: DUNS Number: Law Enforcement Executive: Government Executive: 2016LJLWX0020 CA03019 956000785 Santa Ana, City of 0831512470000 Chief of Police Carlos Rojas City Manager David Cavazos Award Start Date: 09/01/2016,. Award End Date: 08/31/2019 Full -Time Officers Funded: 10 New Hires: 10 Rehires - Scheduled for Lay-Off: 0 Rehires - Previously Laid Off: 0 ` Award Amount: $1,250;000.00 The FY 2016 COPS Ili rinK Program (CIiP) provides funding directly to taw enforcement agencies to hire andlor rehire career law etroroanrent Of'fice's im all effoll to increase their centiunnity policing capacity and crime prevention efforts. CHP awards provide up to 75 percent of the approved entry-level salaries and fringe benefits of full-hole Officers for a 36 -mouth award period, with a minfnuun 25 percent local cash match requirement and a masinmm federal share of $125,000 per officer position. The Financial Clearance Memorandum (17C'M), included in your award package, is incorporated by reference into this Award I)ocument and shall become pmto F this Award Document. By signing this Award Doeunwnt, the recipient agrees to abide by all FY 2016 COPS Hinaa Program Award Terns and Conditions, the approved tmmlget in the FCM, and if aanIi cab I a, the Special Awed Con ill ttons and /or High ltish Conditions to the Award Document, Ronald L. Davis Date: 09/[2/2016 Director Carlos Rojas Signature of the Low Enforcement Executive /Agency Executive David Cavazos Signature of the Government Exeoulive /Fltul0cial Officer APPROVED AS TO FORM: John M. Funk, Asst City Attorney 10/04/2016 Date 10/04/2016 Dote False statements or claims made in cnmeeion with COPS awards may result in Inws, imprisonment, debarment from participating in federal awards or contracts, and /or any ramuedy nvadablo by law to the Fudcrol Government. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient agrees to abide by the following award terms and conditions: 1. Award Owner's Manual The recipient agrees to comply with the terms and conditions in the 2016 CHP Award Owner's Manual; COPS Office statute (42 U.S.C. §, 3796dd, at seq.); the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted bythe 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); representations made in the CHIP award application; and all otherapplicable 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 CHP application. 3. Allowable Costs. The funding under this project is for the payment of approved full -time entry -level salaries and fringe benefits overthree years (for a total of 36 months offunding) up to a maximum federal share of $125,000 per officer position forcareer law enforcement officer positions hired 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. Youragencyls required to use CHP award funds forthe specific hiring categories awarded. Funding under this program may be used for the fallowing 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 any Jurlsdletion 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 your jurisdiction) 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 a post -award 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 for the approved cost categories that are documented within the FCM, up to the amounts specified in the FCM. Your agency may not use CHP 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 (far example, your award application overestimated the total entry -level officer salary and fringe benefits package), your agency may not use that excess funding to extend the length of the award beyond 36 months. Any funds remaining afteryour agency has drawn down for the costs of approved salaries and fringe benefits Incurred for each awarded position during the 36 -month funding period will be deobllgated during the closeout process and should not be spent by your agency, 4. Supplementing, not SuoplantinR. State, local, and tribal government recipients must use CHP 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 (officer hiring) 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. 5. Extensions. Your agency may request an extension of the award period to receive additional time 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 -cast 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 must be received prior to the end date of the award. Page 1 of 7 55B -4 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions G. Modifications. During the CHIP award period, It may become necessary for an agency to modify Its CHIP award due to changes In an agency's fiscal or law enforcement situation. 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, reduce the total number of positions awarded, shift funds among benefit categories, and /or reduce the entry -level salary and fringe benefit amounts. For example, an agency may have been awarded CHIP funding for 10 new, additional full -time sworn officer positions, but due to severe fiscal distress /constraints, the agency determines It Is unable to sustain all 10 positions and must reduce Its request to five full -time posltlons; or an agency may have been awarded CHIP funding for two new, additional sworn 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. Award modifications under CHP are evaluated on a case -by -case basis. The COPS Office will only consider a modification 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 the CHP award. The redport agrees to cooperate with the monitors and evaluators. 8. Reports /Performance Goals. To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting quarterly programmatic progress reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF -425). 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. 9. Award gpitoring 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 statutory 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 benefits —are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office Include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a CHP award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. 10. Federal Civil Rights. As a condition of receipt of federal financial assistance, you acknowledge and agree that you will not (and will require any subrecipients, contractors, successors, transferees, and assignees not to), on the grounds of race, color, religion, national origin (which Includes providing limited English proficient persons meaningful access to your programs), sex, disability, or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination In connection with any programs or activities funded In whole or in part with federal funds. These civil rights requirements are found in the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U,S.C. § 794); the Age Discrimination Act of 1975 (42 U,S.C. §6101, at se%); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681, at sec.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. Part 42 (subparts C, D, E, G, and I). You also agree to comply with Executive Order 13279, as amended by Executive Order 13559, and the implementing regulations at 28 C.F.R Part 38 Partnerships With Faith -Based and Other Neighborhood Organizations, which requires equal treatment of religious organizations In the funding process and nondiscrimination of beneficiaries by falth -based organizations on the basis of belief or nonbellef. 11. Equal Employment Opportunity Pian. 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, or 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 imposed during the award performance period if the awarding agency determines that the recipient is a high -risk recipient (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.207 as adopted by the U.S. Department of Justice In 2 C.F.R. § 2800,101). Page 2 of 7 55B -5 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions 15. System for Award Management (SAM) and Universal Identifier Requirements The Office of Management and Budget requires federal agencies to Include the following standard award term In all awards and cooperative agreements made on or after October 1, 2010: A. Requirement for System for Award Management (SAM) Unless you are exempted from this requirement under 2 C.F.R. Part 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. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 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 DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. System for Award Management (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 at www.sam.gov. 2. Data Universal Numbering System (DUNS) number means the nine -or thirteen -digit number established and assigned by Dun and Bradstreet, Inc. (D &e) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866- 705 -5711) or the Internet at www.fedgov.dnb.com/webftirm. 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 Q a. Agovernmental organization, which is a state, local government, or Indian Tribe; b, A foreign public entity; c. A domestic or foreign non - profit organization; d. A domestic or foreign for - profit organization; and e. 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 which you received this award and that you as the recipient award to an eligible subrecipient b. The term does not Include your procurement of property and services needed to carry out the project or program (forfurther explanation, see Sec. ,,,.210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations"). c. A subaward may be provided through any legal agreement, Including an agreement that you consider a contract. S. 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. 16. Reporting subawards and F,Si,egutJve Compensation The Office of Management and Budget requires federal agencies to include the following standard award term In all awards and cooperative agreements made on or after October 1, 2010: A. Reporting of first -tier subawards. 1. 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, Pub. L 111 - -5) for a subaward to an entity (see definitions in paragraph E. of this award term). 2. Where and when to report. You must report each obligating action described in paragraph A.I. of this award term to www.fsrs.gov. 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.) 3. What to report. You must report the Information about each obligating action that the submission instructions posted at www.fsrs.eov specify. Page 3 of 7 55B -6 U.S, Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions B. Reporting Total Compensation of Recipient Executives. 1. 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— a. the total federal funding authorized to date under this award is $25,000 or more; b. in the preceding fiscal year, you recelved- 1. 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. Part 170.320 (and subawards); and IL $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. Part 170.320 (and subawards); and c, 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 www.sec.goy /answers /execomghtm, 2. Where and when to report. You must report executive total compensation described in paragraph B.I. of this award term: a. As part of your registration profile at www,sam.gov. b. By the end of the month following the month in which this award is made, and annually thereafter. Reporting of Total Compensation of Subreciplent Executives. 1. Applicability and what to report. Unless you are exempt as provided In paragraph D. of this award term, for each first -tier subreciplent under this award, you shall report the names and total compensation of each of the subreciplent's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— a. in the subrecipient's preceding fiscal year, the subreciplent received-- 1. 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 IL $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 b. 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 www.sec.gov/answers/execoml2.htm. 2. Where and when to report. You must report subreciplent executive total compensation described in paragraph C.Y. of this award term: a. To the recipient. b. 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 subreciplent by November 30 of that year. Exemptions 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: a. Subawards, and b. The total compensation of the five most highly compensated executives of any Subrecipient. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 C.F.R. Part 25: a. A governmental organization, which Is state, local government, or Indian Tribe; b. A foreign public entity; c. A domestic orforelgn non - profit organization; d. A domestic or foreign for - profit organization; e. Afederal agency, but only as a subreciplent 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: Page 4 of 7 55B -7 U.S. Department of Justice Office of Community Oriented Policing Services 2016 COPS Hiring Program Award Terms and Conditions a. This term means a legal Instrument to provide support forth 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 subreciplent. b. The term does not Include your procurement of property and services nee, dod to carry out the project a program (for further explanation, see Sec. 210 of the attach ment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations "). c. A subaward maybe provided through any legal agreement, Including an agreement that you or a subreciplent considers a contract. 4. subreciplent means an entity that: a. Receives a subaward from you (the recipient) under this award; and b. Is accountable to you for the use of the federal funds provided by the subaward, S. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or sulereclplent's preceding fiscal year and Includes the following (for more Information see 17 C.F.R, 229.402(c)(2)): a. Salary and bonus. b. 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. C. Earnings for services under non- equlty 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. d. Change In pension value. This is the change In present value of defined benefit and actuarial pension plans. e. Above- market earnings on deferred compensation which is not tax - qualified. I. 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 Suspension. 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. 18. Employment Eligibility. The recipient agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Farm (1 -9), This form is to be used by recipients of federal funds to verify that persons are eligible to work In the United States, 19. Whistleblower Protection 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 competltlon 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 appendix F In the Award Owner's Manual for a full text of the statute. 20, Mandatory Disclosure. Recipients and subreclpients must timely disclose in writingto the COPS Office or pass - through entity, as applicable, all federal criminal lawviolations Involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Failure to make required disclosures can result In any of the remedies, including suspension and debarment, described In the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200,338 as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. 21. Conflict of Interest. Recipients and subreclplents must disclose In writing to the COPS Office or pass- through entity, as applicable, any potential conflict of interest affectingthe awarded federal funding in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.112 as adopted bythe U.S. Department of Justice in 2 C.F.R, § 2800.101. 22. Contract Provision Ali contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, (Appendix 11 to Part 200— Contract Provisions for Non - Federal Entity Contracts Under Federal Awards), as adopted by the U.S. Departmentof Justice in 2 C.F.R. § 2800.101. Please see appendix G in the Award Owner's Manual for a full text ofthe contract provisions. 23. Restrictions on Internal Confidentiality Agreements. No recipient or subreciplent under this award, or entitythat 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 Page 5 of 7 55B -8 U.S. Department of Justice Office of Community Oriented Pollcing Services 2016 COPS Hiring Program Award Terms and Conditions federal department or agency authorized to receive such Information. 24, Recipient Integrity and Performance Matters The Office of Management and Budget requires federal awarding agencies to include the following standard award term in all awards over $500,000 made on or after January 1, 2016: A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement 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 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 Must Report 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; It. Reached Its final disposition during the most recent five year period; and C, Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined In paragraph S. of this award term and 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 paragraphs 2.c.(1), (2), or (3) of this award term and condition; 11, it had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and iii. The requirement In this award term and condition to disclose Information about the proceeding does not conflict with applicable laws and regulations. Reporting Procedures 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 subject 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 proceeding(s) that you have not reported previously or affirm thatthere 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. Definitions For purposes of this award term and condition; a. Administrative proceeding means a non - Judicial process that Is adjudeatory 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 and 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 dellverables. It. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of Page 6 of 7 55B -9 U.S, Department of Justice Office of Community Orlented Policing Services 2016 COPS Hiring Program Award Terms and Conditions 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, Contragas and /or MOUs with other Jurisdictions, Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that It serves, The Items funded under the CHIP 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- jurisdictlonal Issues as described In the agreement. 26. 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 fiords 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 existed in 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. 27. 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 (6), 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 governmental and community initiatives that complement your agency's proposed use of CHP funding; and (c) organizational transformatlon —how your agency will use the funds to reorient Its mission to community policing or 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. CI4P awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to Initiate or enhance community policing activities. Ali 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. 28. Locpl Match. Recipients are required to contribute a local match of at least 25 percent toward 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 be paid 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, 29, School Resource officer (SRO) Training Requirement. COPS- funded SRO(s) are required to complete a National Association of School Resource Officers ( NASRO) basic training course no later than nine months after the date shown on the award congratulatory letter. If a COPS- funded SRO leaves the recipient agency after completing the NASRO training, the recipient agrees to pay for the new SRO, who Is assigned to bacltflll this position, to attend a NASRO basic training course. The new SRO must complete the training no later than nine months after being placed In the school. Page 7 of 7 55B -10 Award Document Supplement 2016 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 School Based Policing through School Resource Officers (SRO), Gun Violence, Homeland Security, Building Trust or Homicide Redaction. 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 2016 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 2016 CHP award, recipients using CHP funding to hire and /or deploy School Resource Officers into schools understand and agree to the following: • Your agency must submit a signed Memorandum of Understancling (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down finds 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; 55B -11 • The purpose of the MOU • Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers' roles on safety • Information sharing • Supervision responsibility and chain of command for the SRO • Signatures Note: Please refer to the MOU Pact Sheet for a detailed explanation of the requirements under each of the bullets • Your agency's implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de- obligation. 55B -12 EXHIBIT 2 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TEN FULL TIME POLICE OFFICER POSITIONS IN THE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 21, 2016, the City Council passed and adopted Ordinance No. NS -2900, establishing the City's Budget and authorizing position allocations for Fiscal Year 2016 -2017, The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C, To assist the City in meeting Santa Ana Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), and Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions), the Police Department applied for and received a grant award from the Office of Community Oriented Policing (COPS) Hiring Program in the amount of $1,250,000. The terms of the Grant contain numerous guidelines and requirements with which the Department must comply. D. The Police Chief proposes to add ten (10) full time Police Officer positions to the Police Department's budget to comply with the requirements of the COPS Hiring Program Grant, E. It is now desired to amend the Adopted Budget for Fiscal Year 2016 -2017, as amended, to effect this change. Section 2: That Ordinance No. NS -2900, the Annual Budget for Fiscal Year 2015 -2016, as amended, shall be further amended by adding ten (10) full time Police Officer positions in the Police Department, at the monthly five -step salary rate range as indicated: Resolution No, 2016 -xxx Page i of 3 55B -13 S -Step SaI� Rate Range Effective 07/01!15 Monthly Salary Classification Title SRR Minimum - Maximum Police Officer 700 $6353 - $7723 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2900 setting forth the Annual Budget for Fiscal Year 2016 -2017, as amended, shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of November, 2016, APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:�_It9.�8trx� Laura A. Rossini Senior Assistant City Attorney AYES: COUnclimembers NOES: Councilmembers ABSTAIN: Councilmombers NOT PRESENT: Councilmembers ReeolUtlon No. 2015 -xxx Page 2of3 Miguel A. Pulido Mayor 55B -14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 - to be the original resolution adopted by the City Council of the City of Santa Ana on November 15, 2016. Date: 55B -15 Clerk of the Council City of Santa Ana Resolution No.201b -xxx Page 3 of 3 55B -16 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TEN FULL TIME POLICE OFFICER POSITIONS IN THE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 21, 2016, the City Council passed and adopted Ordinance No. NS -2900, establishing the City's Budget and authorizing position allocations for Fiscal Year 2016 -2017. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On March 18, 2014, the City Council adopted the 5 -year Santa Ana Strategic Plan. This plan established specific goals, objectives and strategies to guide the City's major efforts during the next five years. C. To assist the City in meeting Santa Ana Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), and Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions), the Police Department applied for and received a grant award from the Office of Community Oriented Policing (COPS) Hiring Program in the amount of $1,250,000. The terms of the Grant contain numerous guidelines and requirements with which the Department must comply. D. The Police Chief proposes to add ten (10) full time Police Officer positions to the Police Department's budget to comply with the requirements of the COPS Hiring Program Grant. E. It is now desired to amend the Adopted Budget for Fiscal Year 2016 -2017, as amended, to effect this change. Section 2: That Ordinance No. NS -2900, the Annual Budget for Fiscal Year 2015 -2016, as amended, shall be further amended by adding ten (10) full time Police Officer positions in the Police Department, at the monthly five -step salary rate range as indicated: Resolution No. 2016 -xxx Page t of 3 55B -17 5 -Step Salary Rate Rance Effective 07/01/15 Monthly Salary Classification Title SRR Minimum - Maximum Police Officer 700 $6353 - $7723 Section 3: That except as amended by this Resolution, all other provisions of Ordinance No. NS -2900 setting forth the Annual Budget for Fiscal Year 2016 -2017, as amended, shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of November, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C1rfA.t�j c� 1� bit rv� Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 -xxx Page 2 or 3 Miguel A. Pulido Mayor 55B -18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on November 15, 2016. Date: 55B -19 Clerk of the Council City of Santa Ana Resolution No. 2016 -xxx Page 3 of 3 55B -20