HomeMy WebLinkAbout05148 - BUREAU OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Kathie Hart
From: Dennis Graham
Sent: Thursday, May 16, 2013 5:23 PM
To: Kathie Hart
Subject: FW: A5148 - Bureau of Justice (Application for a$48,229 award from the Edward Byrne
Memorial Justice Assi)
Here ya go...
From: Mike Kovaleff
Sent: Thursday, May 16, 2013 5:07 PM
To: Dennis Graham
Subject: RE: A5148 - Bureau of Justice (Application for a $48,229 award from the Edward Byrne Memorial Justice Assi)
Just found it. It began in 2004 and was closed out in 2009,
MIKE KOVALEFF
LIEUTENANT
PALM SPRINGS POLICE DEPARTMENT
200 SOUTH CIVIC DRIVE
PALM SPRINGS, CA 92262
760-323-81 19
From: Dennis Graham
Sent: Thursday, May 16, 2013 3:25 PM
To: Mike Kovaleff
Subject: FW: A5148 - Bureau of Justice (Application for a $48,229 award from the Edward Byrne Memorial Justice Assi)
Mike were you able to locate this by number?
Captain Graham
From: Kathie Hart
Sent: Wednesday, May 15, 2013 6:27 PM
To: Dennis Graham
Subject: A5148 - Bureau of Justice (Application for a $48,229 award from the Edward Byrne Memorial Justice Assi)
Hi Dennis!
just want to double check. May I close this OLD agreement file?
Thx!
Kathie Hart, CAW
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 E. Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 ®Kathie.Hart(PPalmSpritWCA.gov
please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday, and closed on Fridays at this time.
1
Bureau of Justice
Edward Byrne Memorial Justice
Assistance Grant
AGREEMENT #5148
MO 7644, 3-16-05
Department of Justice
Office of Justice rams Pro
g
Bureau of Justice Assistance
{I'ashmgmn,D.0 20531
Memorandum To: Official Grant File
From: Steve Antkowiak,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for Palm Springs
City
All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program(JAG)will carry
the following NEPA special condition:
1)The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA)
and other related federal environmental impact analyses requirements in the use of these grant funds,
either directly by the grantee or by a subgrantee.Accordingly,prior to obligating grant fiords,the grantee
agrees to first determine if any of the following activities will be related to the use of the grant fiords.The
grantee understands that this special condition applies to its following new activities whether or not they
are being specifically funded with these grant fiords.That is,as long as the activity is being conducted by
the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these
grant finds,this special condition must first be met.The activities covered by this special condition are:
a.New construction;
b.Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National
Register of Historic Places or(b)located within a 100-year flood plain;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change
in its basic prior use or(b)significantly change its size;and,
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)
purchased as an incidental component of a fimded activity and(b)traditionally used,for example,in
office,household,recreational,or education environments.
Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the
grantee's or its subgrantees'existing programs or activities that will be funded by these grant fiords,the
grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a
national or program environmental assessment of that funded program or activity.
The Palm Springs Police Depurhnmrl will use FY05 SAG funds to upgrade then computer systems hardware and software,to include Computer
Assisted Dispatching,Field Reporting,and Records Management Systems.
NCAMCF
Department ofJusuce GRANT MANAGER'S MEMORANDUM,PT.I:
Office oFlustice Programs PROJECT SUMMARY
' I"? Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAGE 1 OF I
2005-DI-BX-0893
This project is supported under Public Law 108-447;I I S Slat 2862(Consolidated Appropriations Act,FY 2005)
I.STAFF CONTACT(Name&telephone number) 2 PROJECT DIRECTOR(Name,address&telephone number)
James C.Clurvu Jahn Beath
(202)307-0688 Administrative Sgt.
P.O.Box 1830
Palm Springs,CA 92263-1830
(760)323-8106
3. TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
Edward Byrne Justice Assistance Grant Program ON REVERSE)
4.TITLE OF PROJECT
Upgrade of the Police Department computer hardware and software.
5 NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SU13GRANTEE
Palm Springs City
P.O.Box 1830
Palm Springs,CA 92263-1830
7 PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/01/2004 TO: 09/30/2008 FROM, 10/01/2004 TO: 09/30/2009
9.AMOUNT OF AWARD 10.DATE OF AWARD
S 45,229 08/12/2005
11.SECOND YEAR'S BUDGET 12 SECOND YEAR'S BUDGET AMOUNT
13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT
15,SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states,tubes,and local governments to support a broad range of
activities m prevent and control crime based on their own local needs and conditions.Gant funds can be used for slate and local initiatives,
technical assistance,treating,personnel,equipment,supplies,contractual support,and information systems for criminal justice for any one or
more of the following purpose areas:1)law enforcement programs,2)prosecution and court programs,3)prevention and education programs;4)
corrections and community corrections programs;5)ding treatment programs;and 6)planning,evaluation,and technology improvement
programs.
OJP FORM 4000/2(REV.4-88)
Department of Justice
n,'`.- '�� Office of Justice Programs
i; ` L PAGE 1 OF 5
E m „ Bureau of Justice Assistance Grant
�`,
I,RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWAR➢NUMBER. 2005-DJ-BX-0993
Palm Springs City
P 0 Box 1830 5.PROJECT PERIOD FROM 10JO112004 TO 09/30/2008
Palm Spimgs,CA 92263-1830
BUDGET PERIOD.FROM 10/01/2004 TO 09/30/2008
6 AWARD DATE 08/12/2005 7.ACTION
IA GRANTEEIRS/VENDOR NO. 9.SUPPLEMENT NUMBER Initial
956000757 00
9.PREVIOUS AWARD AMOUNT $0
3,PROJECT TITLE 10.AMOUNT OF THIS AWARD S 48,229
Upgrade ol'the Police Department computer hardware and software.
11.TOTAL AWARD S 48,229
12 SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This protect is supported under Public Law 108-447;118 Sort.2862(Consolidated Appropriations Act,FY 2005)
15 METHOD OF PAYMENT
TAPES
-_ AGGNCYAPPROVAL GRANTEE ACCEPTANCE -
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL -
Domingo S.Herrmz David Ready ATTEST:
Director,Bureau oFJustire Assistance C1uef Executive Of i,cr
17.SIGNATURE OF APPROVING OFFICIAL 19,SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.D r City Clerk
�d
- AGENCY USE ONLY
20 ACCOUNTING CLASSIFICATION CODES 21. DJ05UO0513
FISCAL FUND BUD, DIV.
YEAR CODE ACT. OTC, REG, SUB POMS AMOUNT
X B DJ 80 00 00 48229
O1P FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
APPROVED BY CITY COUNCIL
o.rP FORM 4000/2(REV 4-88) mu t1 k �* 0/ (�117n
���r'I�� fir.•e.edry ryes ��-iv�c.,9;.
Department of Justice
�. Office of Justice Programs AWARD CONTINUATION
Bureau of Justice SHEET PAGE 2 OF 5
.J Assistance Grant
PROJECT NUMBER 2005-DJ-BX-0893 AWARD DATE 08/12/2005
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Oftice of Justice Programs(OJP)Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension of termination affording,until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial
Guide,Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the
express prior written approval of OJP.
5. Grantee agrees to comply with the requirements of 28 C.F.R Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects,including obtainment of Instiumonal Review Board
approval,if appropriate,and subject informed consent
6. Recipient agrees that funds provided under this award may not be used to operate a"pay-to-slay"program in any local
Jail.Recipient further agrees not to subaward funds to localjails which operate"pay-to-stay"programs.
7. To support public safely and justice information sharing,OJP requires the grantee to use the Global Justice Data Model
specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all
schemas(extensions,constraint,proxy)generated as a result of this grant to the component registry as specified in the
guidelines. This information is available at www it o)p.gov/&dm.
OJP FORM 4000/2(REV.4-88)
- Department of Justice
:,. Office of Justice Programs AWARD CONTINUATION
rr Bureau of Justice SHEET PACE 3 of 5
+°^"`;/ Assistance Grant
PROJECT NUMBER 2005-DJ-BX-0893 AWARD DATE OS/12/2005
SPECIAL CONDITIONS
8. The grantee aglow to assist BJA in complying with the National Environmental Policy Act(NEPA)and other related
federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by
a subgrantec. Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following
activities will be related to the use of the grant fimds.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a
subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special
condition must first be met The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of
Historic Places or(b)located within a 100-year flood plain;
e. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;and,
d. Implementation of anew program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments.
Application of This Special Condition to Grantee's Existing Programs or Activities.For any of the grantee's or its
subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act(NEPA)
relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of
clandestine methamphelamine laboratories[hereinafter,"meth lab operations"], No monies from this award may be
obligated to support meth lab operations unless the grantee implements this special condition.
The Office of Justice Programs(OJP),in consultation with the Buicau of Justice Assistance,the Drug Enforcement
Administration,and the Office for Community Oriented Policing Services,prepared a Program-level Environmental
Assessment(Assessment)governing meth lab operations. The Assessment describes the adverse environmental,
health,and safely impacts likely to be encountered by law enforcement agencies as they implement specific actions
under their methamphctamine laboratory operations. Consistent with the Assessment,the following terns and
conditions shall apply to the grantee for any ON funded mothlab operations:
A. Tire grantee shall ensure compliance by OJP funded sub-grantees with federal,state,and local environmental,
health,and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals,
equipment,and wastes resulting from those operations.
B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of
accountability within its state. This plan will be used to ensure that the adverse environmental,health,acid safety
impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition.
C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine
mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation
Plan These mitigation measures must be included as special conditions in all subgrants:(See Part II of this special
condition)
ON FORM 4000/2(REV.4-88)
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice SHEET PAGE a OF 5
Assistance Grant
PROJECT NUMBER 2005-DJ-➢X-0893 AWARD DATE 08/12/2005
SPECIAL CONDITIONS
10. 1. Provide medical screening of personncl assigned or to be assigned by the grantee to the seizure or closure of
clandestine methamphetamme laboratories;
2. Provide Occupational Safety and Health Administration(OSHA)required indial and refresher training for law
enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphctamine
laboratories;
3. As determined by their specified dunes,equip the personnel with OSHA required protective wear and other required
safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each seizedlclosed
laboratory;
5. Utilize qualified disposal personnel to remove all chemicals and associated glassware,equipment,and contaminated
materials and wastes from the ate(s)of each seized laboratory;
6. Dispose of the chemicals,equipment,and contaminated materials and wastes at properly licensed disposal facilities
or,when allowable,at properly licensed recycling facilities;
7. Montor the transport,disposal,and recycling components of subparagraphs numbered 5.and 6,immediately above
in order to ensure proper compliance;
8 Have in place and implement a written agreement with the responsible state environmental agency. This agreement
must provide that the responsible state environmental agency agrees to(i)timely evaluate the environmental condition
at and around the site of a closed clandestine laboratory and(ii)coordinate with the responsible party,property owner,
or others to ensure that any residual contamination is remediated,if determined necessary by the state environmental
agency and in accordance with existing state and federal requirements;and
9. Have in place and implement a written agreement with the responsible state or local service agencies to properly
respond to any minor,as defined by stale law,at the site. This agreement must ensure immediate response by qualified
personnel who can(i)respond to the potential health needs of any minor at the site;(i)take that minor into protective
custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal
violations;(iii)ensure immediate medical testing for melhamphetamine toxicity;and(iv)arrange for any follow-tip
medical tests,examinations,or health care made necessary as a result of methamphctamine toxicity.
11. The recipient shall submit to BJA one copy of all reports and proposed publications resulting from this agreement
twenty(20)days prior to public release. Any written,visual,or audio publications,with the exception of press
releases,whether published at the grantee's or government's expense,shall contain the following statements:
"This project was suppotted by Grant No.2005-DJ-BX-0893 awarded by the Bureau of Justice Assistance. The
Bureau of Justice Assistance is a component of the Office of Justice Programs,which also includes the Bureau of
Justice Statistics,the National Institute of Justice,the Office of Juvenile Justice and Delinquency Prevention,and the
Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent
the official position or policies of the United State Department of Justice."
The current edition of the OJP Financial Guide provides guidance on allowable printing activities.
12. The recipient is required to establish a must fund account.(The trust food may or may not be an interest-bearing
account.)The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in
the trust fund(including any interest earned)during the period of the grant Grant funds(including any interest earned)
not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 120 days
after the end of the grant period,along with the final submission of the Financial Status Report(SF-269)
13, The grantee agrees to comply with all reporting,data collection and evaluation requirements,as prescribed by the BJA
in the program guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will be
monitored by BJA.
OUT FORM 4000/2(REv.4-88)
Department of Justice
f�, �� OFficeofJusticePrograms AWARD CONTINUATION
ir.
41,'Ik',� Bureau of Justice SHEET PACE 5 OF 5
5,�"" ^ Assistance Grant
PROJECT NUMBER 2005-DJ-BXA893 AWARD DATE 08/12/2005
SPECIAL CONDITIONS
14. The recipient agrees that any information technology system fimded or supported by ON funds will comply with 28
C.A.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F,R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per 28 C.P.R.23.20(g). Should any violation of 28 C.F.R.Part 23 occur,the incipient may be fined as per 42 U.S.C.
3789g(c)-(d), Recipient may not satisfy such a fine with federal funds.
15, The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology
pmlects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement For a lust of State Information Technology Points of Contact,go to
http://www.ojp.usdoj.gov/cc/states.htm.
'Al
OUP FORM 4000/2(REV.4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs tVa,hn,gc,,D.C. 20531
August 12,2005
Mr.David Ready
Palm Springs City
P.O.Box 1930
Palm Springs,CA 92263-1830
Dear Mr.Ready:
On behalf of Attorney General Alberto Gonzales,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the
amount of$48,229 for Palm Springs City.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim
audit findings,and the maintenance of a minimum level of cash-on-hand, Should you not adhere to these requirements,you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
- Program Questions,James C.Chavis,Program Manager at(202)307-0698;and
- Financial Questions,the Office of the Comptroller,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
I�
Domingo S.Hermiz
Director,Bureau of Justice Assistance
Enclosures
i, Department of Justice
Office of justice Programs
Office for Civil Rights
Wu,hngron,D.C. 20531
August 12,2005
Mr.David Ready
Palm Springs City
P.0 Box 1930
Palm Springs,CA 92263-I830
Dear Mr.Ready:
Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt
of(Federal finding to compliance with Federal civil rights laws. The Office for Civil Rights(OCR),Office of
Justice Programs(OF?),U.S.Department of Justice is responsible for ensuring that recipients of financial aid
from OJP,its component offices and bureaus,the Office on Violence Against Women(OV W),and the Office
of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that
come with Justice Department finding.
As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,
color,national origin,religion,sex,or disability in funded programs or activities,not only in respect to
employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs
or activities from discriminating on the basis of age in the delivery of services or benefits.
In addition to these general prohibitions,your organization,which is a recipient of financial assistance subject to
the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,
42 U.S.0 §3789d(e),must meet two additional requrtements:(1)complying with Federal regulations pertaining to
the development of an Equal Employment Opportunity Plan(ESOP),28 C F.R.§42.301-.308,and(2)submitting
to OCR Findings of Discrimination(see 28 CT R.§§42.205(5)or 31.202(5)).
Complying with the ESOP Requirement
In accordance with Federal regulations,and Assurance No.6 in the Standard Assurances,your organization must
comply with the following EEOP reporting requirements.
If your organization has received an award for$500,000 or more and has 50 or more employees(counting both
full-and part-lime employees but excluding political appointees),then it has to prepare an ESOP and submit it to
OCR for review within 60 days from the date of this letter. For assistance in developing an ESOP,please
consult OCWs website at h4.//Nvww.ojp,usdoj.gov/ocr/. You may also request technical assistance from an EEOP
specialist at OCR by dialing(202)616-3209.
If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your
organization still has to prepare an EEOP,but it does not have submit the EEOP to OCR for review. Instead,your
organization has to maintain the ESOP on file and make it available for review on request. In addition,your
organization has to complete Section B of the enclosed Certification Form and return it to OCR.
If your organization received an award for less than$25,000,or if your organization has less than 50 employees,
regardless of the amount of the award;or if your organization is a medical institution,educational institution,
nonprofit organization or Indian tribe,then your organization is exempt from the ESOP requirement. However,
your organization must complete Section A of the enclosed Certification Form and return it to OCR.
Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of
discrimination against your organization after a due process hearing,on the ground of race,color,religion,
national origin,or sex,your organization must submit a copy of the finding to OCR for review.
Providing Services to Limited English Proficiency(LEP)Individuals
In accordance with recent Department of Justice Guidance pertaining to Title VII of the Civil Rights Act of 1964,
42 U.S.C.§2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency(LEP). For more information
on the civil rights responsibilities Chat recipients have in providing language services to LEP individuals,please
see the website www.lep.gov.
Ensuring the Compliance of Subrecipicnts
If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also
comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing
and submitting an ESOP,reporting Findings of Discrimination,and providing language services to LEP persons.
Stale agencies that make subawards must have in place standard grant assurances and review procedures to
demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant
award,or the number of employees in the workforce,are subject to the prohibitions against unlawful
discrimination. Accordingly,OCR investigates recipients that are the subject of discrimination complaints from
both individuals and groups, hr addition,based on regulatory criteria,OCR selects a number of recipients each
year for compliance reviews,audits that require recipients to submit data showing that they are providing
services equitably to all segments of their service population and that their employment practices meet equal
employment opportunity standards.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based
organizations. In general,the regulation,28 C.F.R.part 38,requires State Administering Agencies to treat these
organizations the same as any other applicant or recipient. The regulation prohibits Stale Administering
Agencies train making award or grant administration decisions on the basis of an organizations religious
character or affiliation,religious name,or the religious composition of its board of directors.
The regulation also prohibits faith-based organizations from using direct financial assistance from the
Department of Justice to fund inherently religious activities. While faith-based organizations can engage in
non-funded inherently religious activities,they must be held separately from the Department of Justice funded
program,and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs directly funded by the Department of
Justice arc not permitted to discriminate in the provision of services on the basis of a beneficiary's religion For
more information on the regulation,please sec OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo him.
Stale Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as
amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as
amended,contain prohibitions against discrimination on the basis of religion in employment.These employment
provisions have been specifically incorporated into 28 C.F.R.Part 38.1(f)and 38.2(f). Consequently,in many
circumstances,it would be impermissible for faith-based organizations seeking or receiving funding authorized
by these statutes to have politics or practices that condition hiring and other employment-related decisions on the
religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on
OCR's wcbsitc at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to this Office.
If we can assist you in any way in fidfilling your civil rights responsibilities as a recipient of Federal funding,
please call OCR at(202)307-0690 or visit an wcbsitc at http://www.ojp.usdoj.gov/ocr/
Sincerely,
A&A----
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
City Council Minutes
March 16,2005
Page 6
11. APPLICATION FOR A $48,229 AWARD FROM THE EDWARD BYRNE '
MEMORIAL JUSTICE ASSISTANCE GRANT:
Gary Jeandron, Chief of Police, provided background information as
outlined in the staff report dated March 16, 2005.
Mayor Oden opened the Public Hearing, no speakers coming forward the
Public Hearing was closed.
ACTION: Approve Minute Order No. 7644 authorizing the application for a
funding request, in the amount of $48,229, from the Edward Byrnes
Memorial Justice Grant, a division of the Department of Justice. Motion ,
Councilmember Pougnet, seconded by Councilmember Mills and
unanimously carried on a roll call vote, noting the absence of
Councilmember Foat.
PUBLIC COMMENT:
WENDIE BUSIG-KOHN, Palm Springs, announced upcoming events benefiting Lupus
Awareness and understanding.
CHUCK NISBET, Palm Springs, commented on the March 8, 2005 election results and
the recent news of downtown development.
MARK FARRAR, Time Warner Cable, expressed his concerns regarding Item 4.A.
contract with Buske Group for Cable Franchise; stated staff dismissed Time Warner's
consultants.
AINITA GARDNER, Palm Springs, stated they are overrun with Fire Ants, requested the
City Council reconsider their decision not to participate in the program.
CASEY JONES, spoke in support of Item 4.A. contract with Buske Group for Cable
Franchise; stated the hotels are in support of the Buske Group.
PETER MORUZZI, Palm Springs, commented on the results of the March 8, 2005
election.
ALVIN FUCHS, Palm Springs, commented on businesses moving-out of Palm Springs,
and the revitalization of the City.
APRIL HILDNER, spoke in support of Item 3.A. establishing an Office of neighborhood
Involvement.
FRANK GAYDOS, Palm Springs, commented on results of March 8, 2005.
JOE FOSTER, Palm Springs, spoke regarding access to the Police Department and the
City Manager.
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Description: jApplication to a$4E,229 award from the Edward Byrne Memorial JuMice Ass l 1'n sncl>I h
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