TITLE 10 PUBLIC SAFETY
AND LAW ENFORCEMENT
CHAPTER 10 DRUG CONTROL PROGRAMS
PART 2 APPLICATION PROCEDURES GOVERNING
THE RECOVERY AND REINVESTMENT: EDWARD
BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
10.10.2.1 ISSUING
AGENCY: Department of Public Safety
[10.10.2.1 NMAC - Rp 10 NMAC 10.2.1, 3-15-00]
10.10.2.2 SCOPE: All
eligible Edward Byrne Justice Assistance Grant Program (JAG) applicants
[10.10.2.2 NMAC - Rp 10 NMAC 10.2.2, 3-15-00; A, 07-29-05]
10.10.2.3 STATUTORY AUTHORITY: NMSA 1978 Section 9-19-6.
[10.10.2.3 NMAC - Rp 10 NMAC 10.2.3, 3-15-00; A, 07-29-05; A, 4-15-09; A,
8-31-09]
10.10.2.4 DURATION:
Subject to award by federal agency
[10.10.2.4 NMAC - Rp 10 NMAC 10.2.4, 3-15-00]
10.10.2.5 EFFECTIVE
DATE: March 15, 2000 unless a later date is cited
at the end of a section.
[10.10.2.5 NMAC - Rp 10 NMAC 10.2.5, 3-15-00]
10.10.2.6 OBJECTIVE:
A. The
U.S. department of justice, bureau of justice assistance (BJA),
under the American Recovery Act of 2009 (Public Law 111-5 (the “Recovery
Act”) and by 42 U.S.C 37519a) provides states and units of local government with funds to provide
additional personnel, equipment, supplies, contractual support, training,
technical assistance, and information systems for criminal justice.
B. This
initiative is intended to add to, augment or supplement, not replace, resources
already committed to the drug and violent crime control effort.
[10.10.2.6 NMAC - Rp 10 NMAC 10.2.6, 3-15-00; A, 07-29-05; A, 4-15-09]
10.10.2.7 DEFINITIONS:
Reserved
[10.10.2.7 NMAC - Rp 10 NMAC 10.2.7, 3-15-00]
10.10.2.8 ELIGIBLE APPLICANTS: Eligible applicants are limited to local units of government only. A unit of local government is : a town, township, village, parish, city, county, or other general purpose political subdivision of a state; any law enforcement district or judicial enforcement district that is established under applicable state law and has authority to, in a manner independent of other state entities, establish a budget and impose taxes; or federally recognized Indian tribe or Alaskan native organization that performs law enforcement functions as determined by the secretary of the interior. In addition, local units of government who are eligible to receive a direct award through the bureau of justice assistance are not eligible to apply to the department of public safety for JAG funding. The department of public safety will accept applications for private or for profit businesses, limited to the evaluation component only.
[10.10.2.8 NMAC - Rp 10 NMAC 10.2.8, 3-15-00; A, 05-31-02; A, 07-29-05; A,
07-31-07; A, 4-15-09; A, 8-31-09]
10.10.2.9 INELIGIBLE
APPLICANTS: The following jurisdictions are eligible
to receive a direct JAG award
through BJA; therefore, the following jurisdictions are not eligible to receive funding
through the New Mexico department of public safety.
A. Acoma tribal police department
B. Alamogordo city
C. Artesia
city
D. Aztec city
E. Belen city
F. Bloomfield city
G. Cibola city
H. De Baca county
I. Deming city
J. Grants city
K. Lincoln
county
L. Los
Alamos county
M. Los Lunas village
N. Luna
county
O. Otero
county
P. Pueblo of Laguna
tribal police department
Q. Rio Arriba county
R. Ruidoso village
S. Taos county
T. Taos tribal
police department
U. Taos town
V. Torrance
county
W. Valencia county
X. Zuni tribal
police department
[10.10.2.9 NMAC - Rp 10 NMAC 10.2.9, 3-15-00; A, 05-31-02; A, 05-28-04; A,
07-29-05; A, 07-31-07; 10.10.2.9 NMAC - N, 4-15-09]
10.10.2.10 HOW
TO APPLY: Application packets will be available after August
31, 2009. To obtain a packet in either
electronic form or hard copy, contact: the grants management bureau, department
of public safety, 4491 Cerrillos Road, Post Office Box 1628, Santa Fe,
New Mexico 87504-1628 or by calling (505) 827-3347 or (505) 827-9112. Application packets must be completed in full
with appropriate signatures, postmarked or delivered to the grants management
bureau by 5:00 P.M. on September 25, 2009.
[10.10.2.10 NMAC - Rp 10 NMAC 10.2.10, 3-15-00; A, 05-31-02; A, 05-28-04; A,
07-29-05; A, 07-31-07; A, 07-31-08; 10.10.2.10 NMAC - N, 4-15-09; A, 8-31-09]
10.10.2.11 DISTRIBUTION
OF FORMULA FUNDS: Variable pass-through: A minimum of 49.29% must be passed through to
local units of government (as defined in 10.10.2.8 NMAC). States may exceed the minimum pass-through
by providing funds not used at the state level to local units of government. State
funds are available for the evaluation component only.
[10.10.2.11 NMAC - Rp 10 NMAC 10.2.11, 3-15-00; A, 05-31-02; A, 05-28-04; A,
07-29-05; A, 07-31-07; A, 07-31-08; 10.10.2.11 NMAC - Rn & A, 10.10.2.9
NMAC, 4-15-09; A, 8-31-09]
10.10.2.12 AUTHORIZED
PROJECTS/PROGRAM AREAS
A. Authorized
programs for Recovery Act funding are listed below. Approved program purpose areas:
(1) law enforcement
(2) planning,
evaluation and technology improvement programs.
B. Applicants may request copies of the New Mexico drug strategy by writing
the department of public safety, grants management bureau, post office
box 1628, Santa Fe, New Mexico 87504 or
by calling (505) 827-3347 or (505) 827-9112.
[10.10.2.12 NMAC - Rp 10 NMAC 10.2.12, 3-15-00; A, 07-29-05; A, 07-31-08;
10.10.2.12 NMAC - Rn & A, 10.10.2.10 NMAC, 4-15-09]
10.10.2.13 APPLICATION
REQUIREMENTS: All applicants for funding under the JAG
formula grant program must adhere to the following procedures.
A. Application deadline: All applications must be received at the grants management bureau, department of public safety postmarked or hand-delivered no later than 5:00 P.M., September 25, 2009. It is the responsibility of the applicant to ensure that the application is received by the grants management bureau, department of public safety. Any application not received or postmarked by the deadline will not be considered.
B. Each applicant shall forward an
original and six copies of the application to the grants management bureau,
4491 Cerrillos Road, Post Office Box 1628, Santa Fe, New Mexico 87504-1628,
phone number (505) 827-3347.
C. Single
purpose area rule: Only applications
proposing to carry out a project in one single program will be accepted for
funding consideration.
D. Proposed project term: The term
of the project proposed in the application shall be from October 1, 2009
through June 30, 2011. The state recognizes that continued funding
of successful projects is paramount to the success of the overall program. Projects should be designed to be consistent
with the multi-year state strategy.
E. Certification
requirements: Drug free workplace
requirement: This applies to state
agencies ONLY. Title V, Section 5153, of the Anti-Drug Abuse
Act of 1988 provides that all state agencies receiving federal funds shall
certify and submit proof to the granting agency that it will provide a
drug-free workplace.
F. Debarment,
suspension, ineligibility, and voluntary exclusion: All applicants for funds will be required to
complete a certification stating that the applicant has not been suspended,
debarred, or is otherwise ineligible to participate in this federal program.
G. Disclosure of lobbying activities requirement: Section 319 of Public Law 101-121 generally
prohibits recipients of federal contracts, grants and loans from using
appropriated funds for lobbying the executive or legislative branches of the
federal government in connection with a specific contract, grant or loan.
Section 319 also requires each person who requests or receives a federal
contract, grant, cooperative agreement, loan or a federal commitment to insure
or grant a loan, to disclose lobbying.
The term “recipient” as used in this context does not apply to Indian tribes,
organizations, or agencies.
H. Disclosure of federal participation requirement: Section 8136 of the Department of Defense
Appropriations Act (Stevens Amendment) enacted in October 1988, requires that
when issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing projects or programs funded in
whole or in part with federal money, all grantees receiving federal funds,
including but not limited to state and local governments, shall clearly state
(1) the percentage of the total cost of the program or project which will be
financed with federal money, and (2) the dollar amount of federal funds for the
project or program. This applies only to
subgrantees who receive $500,000 or more in the
aggregate during a single funding year.
I. General financial requirements:
Grants funded under the formula grant program are governed by the
provisions of 28 CFR Part 66, Common Rule, Uniform
Administrative Requirements for Grants and Cooperative Agreements with State
and Local Government and the office of management and budget (OMB) circulars
applicable to financial assistance.
These circulars along with additional information and guidance contained
in “OJP financial guide for grants” (current
edition), are available from OJP and from the grants
management bureau. This guideline manual
provides information on cost allowability, methods of
payment, audits, accounting systems and financial records.
J. Audit requirement: Agencies
applying for federal funds must assure that they will comply with the appropriate
audit requirement. Subgrantees
expending $500,000 or more in a fiscal year in all sources of federal funding
shall have a single-organizationwide audit conducted
in accordance with OMB circular A-133, as amended.
K. Confidential
funds requirement: State agencies and
local units of government may apply for and receive grants to conduct law
enforcement undercover operations. Each
agency must certify that it will develop policies and procedures to protect the
confidentiality of the operations. Agencies
must also certify that they will comply with the office of justice programs
financial guide current edition.
L.
Civil rights requirement: The applicant
certifies that it will comply with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended; Title II of the
Americans With Disabilities Act of 1990 42 U.S.C.
12131; Title VI of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of
1972; the Age Discrimination Act of 1975; the Department of Justice
Nondiscrimination Regulations 28 CFR Part 35 and 42,
Subparts C, D, E and G; and Executive Order 11246, as amended by Executive
Order 11375, and their implementing regulations. This applicant further certifies that if a
federal or state court or the administrative agency makes a finding of
discrimination, it will immediately forward a copy of the finding to the
grantor agency, for submission to the office of civil rights, office of justice
programs, U.S. department of justice within 30 days of receipt.
[10.10.2.13 NMAC - Rp 10 NMAC 10.2.13, 3-15-00; A, 05-31-02; A, 05-28-04; A,
07-29-05; Repealed, 07-31-07; 10.10.2.13 NMAC - Rn & A, 10.10.2.11 NMAC,
4-15-09; A, 8-31-09]
10.10.2.14 APPLICATION
PARTS: The application must include all of the
following parts in order to be considered for this funding.
A. Title page: (one page limit) Name of agency, project title, and purpose area.
B. Coversheet: (one
page limit) Application (lead agency), address, county/counties served,
congressional district, contact person, contact person telephone number, agency
type, application type, joint application, federal grant funds requested, program area, and certification.
C. Table of
contents: (one page limit) The table of contents should list the contents of
the application, in
the order in which they appear.
D. General overview: (one page limit) State a general overview of the program, to include what your program will accomplish, keeping it simple and to the point.
E. Problem
statement: (no more than five page limit) Should
include, but not limited to: description of the geographic area
affected; description of the problem; who does the problem affect; how will
program address the problem; and, provide statistical data to reinforce problem
data.
F. Goals, objectives, and methods of accomplishments: (no page limit) Explain the goal of the project in simple and straight-forward terms, one or two goals specifically related to the program’s purpose area are sufficient. Each goal should have at least one measureable output linked to a desired outcome. Additionally, explain how the program will preserve and create jobs as outlined in the Recovery Act. The goals, objectives, and methods of accomplishments must include:
(1) project
objectives that are linked to meaningful and measureable
outcomes consistent with the goals of the Recovery Act, and the
likelihood of achieving such outcomes, such as job creation and preservation;
(2) organization
capabilities and competencies, including a description of how the organization
will track all drawdowns and grant
expenditures separately from other
funding sources;
(3) activities
that can be started and completed expeditiously, and in a manner that maximizes
job creation and economic benefits.
G. Project evaluation: (no more than three page limit) The evaluation must tie to the objectives and the BJA established performance measures. Applicants will be responsible for answering the following questions: How will you know the project is working? How will you determine if you are meeting your objectives?
H. Sustainment: (one page limit) Explain how the project will continue operations after the termination of this award. There is no guarantee grant funds will be available for your project in the future. Provide a detailed summary of the plan to continue operations when funds are not available or are significantly reduced.
I. Statement of coordination and funding: (narrative no more than five page limit) State participating agencies involved or have an interest in this program. State other funding sources available to your program and explain how you will coordinate all funding sources to maximize program impact. Multi-jurisdictional task forces must provide a joint powers agreement (JPA) or a memorandum of understanding (MOU). Letters of support must be addressed to the cabinet secretary and included in the application, but not mailed to the secretary directly. Letters of commitment should be addressed to the head of the agency applying for the funds. JPAs and MOUs must be signed by all agencies participating in joint applications.
J. Budget detail and budget narrative (no page limit) The budget detail is limited to the following categories: personnel, fringe benefits, contractual services, travel, equipment, supplies, and other costs. The budget narrative explains how the costs were estimated and justifies the need for the cost.
[10.10.2.14 NMAC - Rp 10 NMAC 10.2.14, 3-15-00; A, 05-31-02; A, 05-28-04; A,
07-29-05; A, 07-31-08; 10.10.2.14 NMAC - N, 4-15-09; A, 8-31-09]
10.10.2.15 APPLICATION
FORMAT: All applications should follow the format outlined below.
A. Applications
should be typewritten except for the coversheet. The original copy must be stapled in the
upper left hand corner and two-hole punched at the top.
B. Applications are
to be typed, single spaced. Font
size must be comparable in size to 12
point times roman or courier.
C. Adhere to page
limits for each part of the grant application.
D. Place footer in
lower right hand corner with a project title and page number.
E. Include all required forms, such as signed certifications.
[10.10.2.15 NMAC - Rp 10 NMAC 10.2.15, 3-15-00; A, 05-28-04; A, 07-29-05; A,
07-31-08; 10.10.2.15 NMAC - N, 4-15-09]
10.10.2.16 ALLOWABLE/UNALLOWABLE EXPENSES: In order to ensure the most efficient and effective use of grant funds, applicants must adhere to the following.
A. Administrative expenses: Applicants shall limit total administrative expenses to no more than five percent (5%) of their grant award. The cost of operating and maintaining facilities, depreciation, and administrative salaries are examples of administrative costs.
B. General
salaries and personnel costs: Payment of
personnel costs with grant funds is permitted if the costs are part of an
approved program or project. Applicants
must provide a copy of their agency’s overtime policy with the grant application
for review and prior approval by the department of public safety prior to
overtime reimbursement. General salary
and personnel costs must:
(1) reflect
an after-the-fact distribution of the actual activity of each employee;
(2) account
for the total activity for which each employee is compensated.
C. Expenditures for purchase of services, evidence, and information
(confidential funds): Formula grant
funds which may be used for confidential expenditures are defined as funds used
for the purchase of services, purchase of physical evidence and information,
including buy money, flash rolls, etc.
Guidelines related to confidential expenditures are found in OJP financial guide for grants. The grants management bureau has the
authority to approve the allocation, use, and expenditure of formula funds for
confidential expenditures. All
applications containing projects which utilize funds for confidential
expenditures must contain an assurance that the guidelines found in OJP financial guide for grants will be followed.
D. Land acquisition: Acquisition of land with grant funds is prohibited.
E. Audit
costs: Expenses associated with
conducting audits of programs/projects funded with formula grants are allowable
expenses and may be paid with administrative funds, program funds, or a combination of both.
F. Non-supplanting: Formula grant funds shall not be used to
supplant applicant funds, but will be used to increase the amount of such funds
that would, in the absence of federal aid, be made available for law
enforcement activities.
G. Participation in
drug enforcement administration task forces:
Formula grant funds may be used for expenses associated with
participation of the state or units of local government, or combination
thereof, in the state and local task force program established by the drug
enforcement administration (Section 504 (c) of the act).
[10.10.2.16 NMAC - Rp 10 NMAC 10.2.16, 3-15-00; 10.10.2.16 NMAC - Rn & A,
10.10.2.12 NMAC, 4-15-09]
10.10.2.17 REPORTING
AND OTHER REQUIREMENTS:
A. Accountability and transparency under the Recovery Act: consistent with
the special purposes and goals of the Recovery Act, and its strong emphasis on
accountability and transparency, it is essential that all funds from a Recovery
Act grant be tracked, accounted for, and reported on separately from all
other funds (including DOJ grant funds from non-Recovery Act grants awarded for
the same or similar purposes or programs).
Recipients must also be prepared to track and report on the specific
outcomes and benefits attributable to use of Recovery Act funds. Each
sub-recipient will be responsible for having completed reports sent to the
grants management bureau no later than five days after the end of each
calendar quarter. Each recipient that received recovery
funds shall submit a report to the grants
management bureau that contains:
(1) the
total amount of recovery funds received;
(2) the
amount of recovery funds that were expended or obligated;
(3) a
detailed list of all projects or activities for which recovery funds were
expended or obligated;
(a)
the name of the project or activity;
(b) a description of the project or activity;
(c)
an evaluation of the completion status of the
project or activity;
(d) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and,
(e) for infrastructure investments made by state or local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this act, and the name of the person to contact at the agency if there are concerns with the infrastructure investment.
B. Detailed
information to include the data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law
109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the director to the
office of management and budget.
C. To assist in fulfilling the accountability objectives of the Recovery Act, as well as the department’s responsibilities under the Government Performance and Results Act of 1993 (GPRA), (Public Law 103-62), applicants who receive funding under this solicitation must provide data that measures the result of their work.
D. Recipients will
also be required to submit
quarterly progress reports, either semi-annually or annually. The department of public safety may
withhold the reimbursement of funds if any award recipient is delinquent in
submitting the required progress reports.
E. Financial requirements: Recipient agrees to comply the financial and administrative requirements set forth in the current edition of the office of justice programs (OJP) financial guide.
F. Audit
requirements: The recipient agrees to comply with the organizational audit of
OMB circular A-133, audit of states, local government, and non-profit organizations, as further described in the
current edition of the OJP financial guide, chapter
19.
G. Non-supplanting: Formula grant funds shall not be used to supplant applicant funds, but will be used to increase the amount of such funds that would, in the absence of federal aid, be made available for law enforcement activities.
[10.10.2.17 NMAC -
N, 4-15-09]
10.10.2.18 RATING CRITERIA: Rating will be based on the different parts of the application, and will be assigned the following scores based on a 100 point scale.
A. Title page - up to two
points.
B. Coversheet - up
to two points.
C. Table of
contents - up to two points.
D. Page limitation -
four points (if any part is over the stated page limit, no points will be
assigned).
E. General
overview - up to five points.
F. Problem statement - up to 20 points.
G. Goals,
objectives, and methods of accomplishments - up to 25 points.
H. Project evaluation
- up to 10 points.
I. Sustainment - up to10 points.
J. State if
coordination - up to10 points.
K. Budget detail
and budget narrative - up to10
points.
[10.10.2.18 NMAC -
Rn & A, 10.10.2.14 NMAC, 4-15-09]
10.10.2.19 SELECTION PROCESS: The
department of public safety will make a decision on each complete application
30 days after the application deadline.
Failure to submit a complete application will result in ineligibility. The failure of an application to conform to
state program priorities or to meet criteria set forth in this document may
constitute reason for disapproval. The
selection process is as follows.
A. Upon receipt of applications, the grants management bureau staff will review
the applications for eligibility, completeness, and compliance.
B. Eligible applications will be forwarded to a panel for review and rating. The
selection panel through the grants management bureau will submit their
recommendations for consideration to the cabinet secretary.
C. The cabinet secretary of the department of public safety has the final
authority in the awarding of grants.
D. All applicants
will be notified in writing of the outcome of their application no later than 30
days after the application deadline.
E. Unsuccessful applications may appeal if the applicant feels any federal
or state regulation involving selection was violated. Appeals must be received by the New Mexico
department of public safety, grants management bureau within 15 calendar days
of receipt of the outcome notification. A three-member appeal panel shall
review the alleged violation, decide on its validity, and make a recommendation
to the cabinet secretary of the department of public safety. If an appeal is received by the department of
public safety all funding decisions will be delayed until the appeal has been
reviewed and a final decision has been made by the cabinet secretary. The cabinet secretary’s decision shall be
final.
F. The New Mexico department of public safety reserves the right to reduce any request based on funding availability and other factors as determined by the New Mexico department of public safety.
[10.10.2.19 NMAC -
Rn & A, 10.10.2.15 NMAC, 4-15-09; A, 8-31-09]
10.10.2.20 SUSPENSION AND TERMINATION OF
FUNDING: The state may, after reasonable notice and
failure of informal efforts to effect resolution, suspend, in whole or in part,
or after reasonable notice and opportunity for a hearing, terminate, in whole
or in part, funding for program or project which fails to conform to the
requirements or statutory objectives, the program or financial regulations and
policies or the terms and conditions of its grant award. Hearing and appeal
procedures for termination actions are set forth in department of justice
regulations at 28 CFR part
18.
[10.10.2.20 NMAC -
Rn & A, 10.10.2.16 NMAC, 4-15-09]
HISTORY OF 10.10.2 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center and Archives under:
DPS/ODC 90-1, Drug Control and System
Improvement Grant Program, 3-12-90
DPS/ODC 91-1, Regulations Governing the Drug Control and System
Improvement Grant Program, 5-10-91 DPS/OSP 92-1,
Regulations Governing the Drug Control and Systems Improvement Grant Program,
2-12-92 DPS/OSP 93-1, Regulations Governing the Drug
Control and System Improvement Formula Grant Program, 3-4-93
DPS/OSP 94-1, Regulations Governing the Drug Control and System
Improvement Formula Grant Program, 2-15-94
DPS/OSP Rule 95-1, Applications Procedures Governing the Drug
Control and System Improvement Formula Grant Program, 2-14-95
NMAC HISTORY:
10 NMAC 10.2,
Application Procedures Governing the Drug Control and System Improvement (DCSI) Formula Grant Program, 2-17-98
HISTORY OF REPEALED [RESERVED]