HomeMy WebLinkAboutPR 15028 - GANG RESISTANCEinteroffice
M M R
E D
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, First Assistant City Attorney
Date: December 23, 2008 ,
Subject: P. R. No. 15028; Council Meeting December 30, 2008
Attached is P. R. No. 15028 authorizing the City of Port
Arthur to support a Gang Resistance Education and Training Grant
(G.R.E.A.T.) in the amount of $49,959, with a cash match by the
City of Port Arthur in the amount of $5,551 ~Account No. 001-1101-
521.92-00) .
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P. R. N0.15028
12/8/OS PP
RESOLUTION N0.
A RESOLUTION AUTH4RIZING THE CITY OF PORT ARTHUR TO
SUPPORT A GANG RESISTANCE EDUCATION AND TRAINING GRANT
(G.R.E.A.T.) IN THE AMOUNT OF $49,959, WITH A CASH MATCH BY THE
CITY OF PORT ARTHUR IN THE AM~UNT OF ~5,551
(ACCOUNT N0. 001-1101-521.92-00)
VVHEREAS, The City of Port Arthur has a documented gang population that has
been responsible for instances of crime throughout the City, have been increasingly
visible through graffiti and "tags" on public and private property, and have been actively
recruiting membership within our public school system; and
WHEREAS, the City Council, the City of Port Arthur and the Port Arthur
Independent School District are dedicated to curtailing gang involvement and providing
students with the skills needed to avoid gang pressure and youth violence in Port Arthur;
and
WHEREAS, there are funds available from the Department of Justice Office of
Justice Programs for the Gang Resistance Education and Training (G.R.E.A.T.) Program,
which would assist with fundin~ port Arthur Police officers to facilitate the program in
conjunction with the Port Arthur Independent School District; as delineated in the
attached Exhibit "A";
N~W THEREFURE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
z.pr15028_great grant
Section 2. That the City Council of the City of Port Arthur will support the
Port Arthur Police Department in administering the Gang Resistance Education and
Training Program Grant with 90% (49,959) grant funding for the project coming from the
Department of Justice and 10% ($5,551) coming from city revenues, (Account No. 001-
11 O l-521.92-00}, and that the City Manager is herein authorized to sign the grant
documents in substantially the same form as the attached Exhibit "A".
Section 3. That the effective dates for the G.R.E.A.T. Grant are June 1, 2008
through November 1, 2009.
Section 4. That nothing in this Agreement shall be interpreted as a
requirement, formal or informa~, that a peace officer issue a specified or predetermined
number of citations.
Section 5. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of , 2008, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote :
Mayor_
N~ES:
AYES:
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Mayor Deloris Prince
ATTEST:
Terri Hanks, Acting City Secretary
A PROVED AS TO FORM:
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Mark Sokolo Cit Attorne E~~ ~
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APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
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' Department of Justice
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Off ce af 3ustice Programs
Office of the Assistanz Attorney General Washingto~a, D.G. 24531
August 26, 200$
Mr. Steve Fitzgibbons
Port Arthur Police Department
645 Fourth Street
Port Arthur, TX 77641
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Dear Mr. Fitzgibbons:
On behalf of Attorney General Michael B. Mukasey, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the Gang Resistance Education and Training (G.R.E.A.T.) Program in the amount
of $49,959 for Port Arthur Police Department. ~
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject t4 all aaministrative and
financial requiretrients, 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 adininistrative
action as appropriate. ~
If you have questions regarding this award, please contact:
- Program Questions, Esmeralda Womack, Program Manager at (202) 353-3450; and ~
- Financiai Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
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Jeffrey L. Sedgwick
Acting Assistant Attorney General
Enclosures
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Washington, D.C. 20531
August 26, 2008
Mr. Steve Fitzgibbons
Port Arthur Police Department
645 Fourth Street
Port Arthur, TX 77641
Dear Mr. Fitzgibbons:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR}, Office of Justice Programs (OJP}, U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your arganization meet the civil rights requirements that come with Justice
Department funding. ~
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, colar, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited Engtish Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI-of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information an the civil rights respansibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Egual 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
regu}ation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from rnaking
award or grant administration decisions on the basis o#~ an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear thar organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employinent. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedo~~n Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considenng religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions abaut the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients af 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 ihe prohibitions against unlawfizl discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination compiaints from both individuals and groups. In addition, based an regulatory criteria, OCR selects a
number of recipients each year for compiiance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of iheir service population and that their employment practices meet egual employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal granz
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.30I-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with~ Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
pragram requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has reeeived an award for $500,000 or more and has 50 or more employees (counting both ful1- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $SOO,OOQ and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on fiie and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Farm can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.govlocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to deveioping and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 30'1-
0690 or yisit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
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Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
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Department of Justice
Office of Justice Programs
Office of the Chief Financial Officer
Washington, D.C. 2Q531
August 26, 2008
Mr. Steve Fitzgibbons
Port Arthur Police Department
645 Fourth Street ~
Port Arthur, TX 77641
Reference Grant Number: 2008-JV-FX-0073
Dear Mr. Fitzgibbons:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category Budget
Personnel $23,410
Fringe Benefits $11,534
Travel $4,707
Equipment $Q
Supplies $12,539
Construction ~ $Q
Contractual $1,000
Other $2,320
Total Direct Cost $55,510
Indirect Cost $0
Total Project Cost $55,510
Federal Funds Approved: $49,959
~ Non-Federal Share: $5,551
Program Income: $0
Match is required at 10% for this grant program. The required match has been met. The non-federal share that has been
incorporated in the approved budget is mandatory and subject to audit.
If yau have questions regarding this award, please contacc:
- Program Questions, Esmeralda Womack, Program Manager at (202) 353-3450
- Financial Questions, ihe Office of Chief Financial Officer, Customer Service Center(CSC)
at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
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PAGE 1 OF 2
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I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AVI~ARD NUMBER: 2008-JV-FX-0073 .
Port Artl~ur Poiice Department
645 Fourtly Street 5. PROJECT PERIOD: FROM O6/01/2008 TO 11/3Q/2009
Port Arthur, TX 77641
BUDGET PERI4D: FROM 06/01/2008 TO 11/30/2009
6. AWARD DATE U8/26/2008 7. ACTION
1 A. GRANTEE IRSNENDOR N0. 8. SUPPLEMENT NUMBER Initial
146001885 00
~ 9. PREVIOUS AWARD AMOUNT $ 0
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 49,959
FY 2008 G.R.E.A.T, Program
11. TOTAL AWARD $ 49,959
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S). ,
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under BJA FY08 GREAT - Public Law I 10-161, 121 Stat. 1844,1911.
l5. METHOD OF PAYMENT
PAPRS
~ AGENCY APPROVAL ~~ ~ GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORiZED GRANTEE OFFICIAL
Jeffrey L. Sedgwick Steve Fitzgibbons
Acting Assistant Attomey General City Manager
17. SIGNATURE OF APPROVING OF~ICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
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AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. HJWGT0011
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X F JV 80 00 00 49959
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OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
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• PAGE 2 OF 2
PROJECT NUMBER 2008-JV-FX-0073 AWARD D~1TE 08/26/2008
SPECIAL CONDITIONS
l. The recipient agrees to comply with the financial and administrative requirements set forth in the cunent edition of the
Office of Jastice Programs (OJP) Financial Guide.
2. The recipient aeknowledges that failure to submit an acceptable Equal Employment Opportu~ity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, u~til 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 af the OJP Financial
Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or~policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications,
reports,.or any other written materials that will be published, including web-based materials and web site content,
through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. 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 supported by Grant No. 2008-N-FX-0073
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 3uvenile
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 and publication activities.
6. The award recipient agrees to participate in a data collection process measuring program outputs and outcames. The
data elements for this process will be outlined by the Office of Justice Programs.
7. The grant recipient agrees to submit a completed copy of the G.R.E.A.T. Data Collection Form as an attachment to the
required semi-annual progress report in the online Grants Management System. The G.R.E.A.T. Data Collection Form
is available on the BJA website at http:/Iwww.ojp.usdoj.govBJA/grant/great.html.
8. The grant recipient agrees to use grant funds to purchase G.R.E.A.T.-branded items only from vendors licensed by the
G.R.E.A.T. National Policy Board. A list of licensed vendors is available at http://www.great-
online.org/Links/Merchandise.Aspx. ~
9. The grant recipient shall arrange with local area middle/junior high schools, to schedule at least 13 one period classes to
instruct the minimum number of students as proposed in its application for funding approved by BJA. Classroom
lessons are to be presented during the project period of the grant award. The grant recipient agrees to teach only the
certified standard G.R.E.A.T. curricula, and agrees to use the approved free student workbooks and approved free
graduation certificates. The grant recipient agrees not to reproduce, in whole or in part, in any format, the student
workbooks without prior BJA approval. Order forms are available at http://www.great-online.org/.
10. To prornote information exchange and coordinate technical assistance, the Bureau of Justice Assistance requires grant
recipients to obtain written appro~al from the BJA State Palicy Advisor prior to using Federal grant funds to travel to
non-OJP conferences and trainings.
OJP FORM 4000l2 (REV. 4-88)
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Memorandum To: Official Grant Fi~e
From: Maria A. Berry, Environmental Coordinator
Subject: Categorical Exclusion for Port Arthur Police Department
Awards under this program will be used to devel~p national deinonstration, training, and technical
assistance programs. ~ ~
None of the following activities will be conducted either under the OJP federal action or a related third
party action:
(1) new construction;
(2) any renovation or reinodeling 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; ~
(3) a renovation that will change the basic prior use of a facility or significantly change its size;
(4) research and technology whose anticipated and future application could be expected to have an effect
on the environment; and
(5} implementation of a program involving the use of chemicals. ,~
Consequently, an agency-wide analysis has deter~nined that the program meets the Office of Justice
Programs' (OJP) criteria for a categorical exclusion under the provisions of 28 CFR, Part 61, Appendix
D, paragraph 4(b).
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2008-1V-FX-0073
This project is supported under BJA FY08 GREAT - Public Law 110-161,121 Stat.1844,1911.
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)
Esmeralda Womack Patrick Powell
(202) 353-3450 Lieutenant
645 Fourth Street
Port Arthur, TX 77641
(409)983-8678
3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
BJA FY 08 Gang Resistance Education and Training Program ~ ~
4. T1TLE OF PROJECT
FY 2008 G.R.E.A.T. Program
5. NAME & ADDRESS OF GR.ANTEE 6. NAME & ADRESS OF SUBGRANTEE
Port Arthur Police Department ,
645 Fourth Street
Port Arthur, TX 77b41
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 06/01/2008 T0: 11/30/2009 FROM: 06/01/2008 T0: 11/30/2009
9. AMOUNT OF AWARD l0. DATE OF AWARD
$ 49,959 08/26/2008 `
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD l4: THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTI4N OF ~ROJECT (See instruction on reverse) ,
The Gang Resistance Education and Training (G.R.E.A.T.) program is a life-skills competency program designed to provide students with the skills they need to
avoid gang pressure and youth violence. G.R.E.A.T.'s violence prevention curricula help students develop values and practice behaviors that will help them avoid
destructive activities. G.R.E.A.T. program staff coordinate p~oject activities with federal, regional, state, and ]ocal agencies, as well as individuals from community
and civic groups. The goal of the program is to train criminal justice professionals to deliver a school-based curriculum that teaches life-skills competencies, gang
awareness, and violence-avoidance technigues.
4
OJP FORM 4000/2 (REV. 4-88)
The Port Arthur Police Department will use G.R.E.A.T. funds to teach the middle school component to 596 sixth graders at three different schools
and the elementary school component to 656 fourth graders enrolled at seven~ different elementary schools. The police department will devote two
full-time officers to teach the G.R.E.A.T. cwriculum, The grant will pay for a portion of the salaries for the two full-time police officers serving
as G.R.E.A.T. instr~ctors, travel to the G.R.E.A.T. nationa( conference, and program supplies.
CA/NCF