Justice Assistance Grant 2008THE CITY OF Dubuque
A
DUB E
1
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2008 Justice Assistant Grant (JAG) Approval and Acceptance of Grant
Award
DATE: September 10, 2008
Chief of Police Kim Wadding is recommending acceptance of the 2008 Edward Byrne
Memorial Justice Assistance Grant in the amount of $20,040.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen ;".
~~~~)
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
THE CITY OF
DUB .J~E
Masterpiece on the Mississippi
Date: September 10, 2008
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
MEMORANDUM
Re: 2008 Justice Assistance Grant (JAG) Approval and Acceptance of grant award
INTRODUCTION:
The purpose of this memorandum is to request City Council approval to accept the 2008
Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount $20,040. The
grant requires no cash match. The grant period is for four years beginning October 1,
2007 to September 30, 2011.
BACKGROUND:
The 2008 Justice Assistance Grant (JAG) was created to assist local units of
government with grant funds for local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for
criminal justice for any one or more of the following purpose areas:
• Law Enforcement Programs
• Prosecution and Education Programs
• Corrections and Community Corrections Programs
• Drug Treatment Programs
• Planning, Evaluation, and Technology Improvement Programs
DISCUSSION:
On June 16, 2007 the City Council approved the submission of the Justice Assistance
grant application in the amount of $20,040. The Justice Assistance Grant requested
overtime funds for the Police Department and the Dubuque County Sheriff's Office for
illegal drug investigations and special enforcement teams. Additionally, the grant
requested overtime funds for instructors, supplies and materials for the Citizen Police
Academy, and funds for specialized equipment for patrol and tactical operations.
On August 22, 2008 we received notification the Justice Assistance grant application
was approved. We have 45 days from the date of notification to accept the award and
complete the following:
1. Print the Award Document and Special Conditions.
2. Sign the Award Document (The Award Document is the page that requires your
signature; it has a blank spot for "Authorized Grantee Signature")
3. Initial the bottom right corner of every Special conditions page(s) and
4. Fax BOTH the Award Document and the Special Conditions page(s) to (202)
616-5962 or (202) 353-8475.
The grant award document and special conditions were reviewed by City Attorney Barry
Lindahl. The document and special conditions were found to be of standard design and
all conditions appear appropriate.
RECOMMENDATION:
It is recommended we accept the 2008 Justice Assistance Grant in the amount of
$20,040, complete the award document noting the special conditions and return to the
Bureau of Justice Assistance with the appropriate signature and initials.
ACTION REQUESTED:
For City Council consideration and approval accepting the 2008 Justice Assistance
grant award in the amount of $20,040 and authorize the signing of the award document
and special conditions.
Cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, City Attorney
Jeanne Schneider, City Clerk
Jenny Larson, Budget Director
Deparhnent of Justice
Office of Justice Programs
~~~~~ ~, Bureau of Justice Assistance
___
~, I. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Dubuque
13th and Central Avenue
Dubuque,lA 52001837
I A. GRANTEE IRSNENDOR NO.
426004596
~ ~i
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 08/22/2008
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10!01/2007 TO 09/30/2011
IOlO1/2007 TO 09/30/2011
7. ACTION
Initial
3. PROJECT TITLE ]0. AMOUNT OF THIS AWARD
~~~ City of Dubuque and Dubuque County 2008 Law Enforcement and Prevention - __
',. Project 1 I. TOTAL AWARD
II 12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
I --------------
I, 13. STATUTORY AUTHORITY FOR GRANT
I This project is supported under 42 U.S.C. 3751(a) (B1A -JAG Formula)
15. METHOD OF PAYMENT
PAPRS
1
$0
i
$ 20,040
$ 20,040
I
~ AGENCY APPROVAL _ GRANTEE ACCEPTANCE
I 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
~I Domingo S. Heraiz Roy Buol
' Mayor ~,
~, Director, Bureau of Justice Assistance
17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
i~---_.-a----.~
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES I 21. HDJUGT0227
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 20040
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
4. AWARD NUMBER: 2008-DJ-BX-0086
Department of Justice
Office of Justice Programs
P Bureau of Justice Assistance
~ .,~ :_
i
i PROJECT NUMBER 2008-DJ-BX-0086
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 08/22/2008
SPECIAL CONDITIONS
PAGE 2 OF 4
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office 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 or termination of funding, 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. 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 funds, the grantee agrees to first determine if any of the following
activities will be related to the use of the grant funds.
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;
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 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.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
E Bureau of Justice Assistance
j-
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF 4
PROJECT NUMBER 2008-DJ-BX-0086 AWARD DATE 08/22/2008
SPECIAL CONDITIONS
6. 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 methamphetamine 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 Bureau of Justice Assistance, the Drug Enforcement
Administration, and the Office for Community Oriented Policing Services, prepared aerogram-level Environmental
Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental,
health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions
under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and
conditions shall apply to the grantee for any OJP funded methlab operations:
A. The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local environmental,
i health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals,
'I 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, and 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)
1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of
clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law
enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine
laboratories;
3. As determined by their specified duties, 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 seized/closed
laboratory;
5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated
materials and wastes from the site(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. Monitor 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 state 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; (ii) 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 methamphetamine toxicity; and (iv) arrange for any follow-up
medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity.
O1P FORM 4000/2 (REV. 4-88)
--- _ __ _ ___-_ ll
-- I
Deparhnent of Justice
Office of Justice Programs AWARD CONTINUATION I,
~''~ Bureau of Justice Assistance SHEET PAGE a of a
Grant
PROJECT NUMBER 2008-DJ-BX-0086 AWARD DATE 08/22/2008
SPECIAL CONDITIONS
8. The recipient is required to establish a trust fund account. (The trust fund 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 90 days
after the end of the grant period, along with the final submission of the Financial Status Report (SF-269).
9. 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.
10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal [ntelligence 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.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
11. 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 regazding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.ojp.usdoj.gov/ec/states.htm.
12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awazds of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
~ Office of Justice Programs
Bureau of Justice Assistance
Washington, D. C. 10531
Memorandum To: Official Grant File
From: Maria Berry, Environmental Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Dubuque
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 funds, the grantee
agrees to first determine if any of the following activities will be related to the use of the grant funds. 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;
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 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.
~ -
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
,~~.
I
-- - - -
This project is supported under 42 U.S.C. 3751(a) (BJA -JAG Formula)
IH 1. STAFF CONTACT (Name & telephone number)
Linda B. Hill-Franklin
(202)514-0712
TO: 09/30/2011
_____ _ -
3a. TITLE OF THE PROGRAM
BJA FY 08 Edwazd Byme Memorial Justice Assistance Grant Program: Local Solicitation
4. TITLE OF PROJECT
Ciry of Dubuque and Dubuque County 2008 Law Enforcement and Prevention Project
5. NAME & ADDRESS OF GRANTEE
City of Dubuque
13th and Central Avenue
Dubuque,lA 52001-4837
L - - ---
7. PROGRAM PERIOD
FROM: 10/01/2007
~9.AMOUNTOFAWARD
II $ 20,040
__ ~
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Grant
___
PROJECT NUMBER
PAGE 1 OF 1
2008-DJ-BX-0086
2. PROJECT DIRECTOR (Name, address & telephone number)
Kim Wadding
Police Chief
13th and Central Avenue
Dubuque,IA 52001-4837
(563)589-4411
-i
36. POMS CODE (SEE INSTRUCTIONS ~
ON REVERSE)
6. NAME & ADRESS OF SUBGRANTEE
i
8. BUDGET PERIOD
FROM: 10/01/2007
TO: 09/30/2011
10. DATE OF AWARD
08/22/2008
1. SECOND YEAR'S BUDGET ~2. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 1 14. THIRD YEAR'S BUDGET AMOUNT ~
I ~ --
I5. SUMMARY DESCRIPTION OF PROJECT (See instmction on reverse)
The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states, tribes, and local governments to support a broad range of activities to prevent II
and control crime based on their own local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, I
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) dmg treatment
programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation).
OJP FORM 4000/2 (REV. 4-88)
The City of Dubuque and Dubuque County's Law Enforcement and Prevention Project will use FY 2008 Local JAG funding to assist law
enforcement with enforcement, intervention, and prevention efforts. Funding will provide additional officer presence in defined enforcement areas.
The program is a multi-law enforcement agency effort between the Dubuque County Sheriffs Office and [he Dubuque Police Department to
investigate activity related to illegal drug distribution. The grant program will fund overtime for task force officers to continue investigations for
the apprehension and prosecution of illegal drug distributors, manufacturers, and users. The program also funds Territory Accountability Design
Initiatives by providing overtime funds for Special Project Enforcement Teams, Special Weapons, Citizen Police Academy, and tactical operations
for the enforcement and apprehension related to various crime spree efforts. These special task force teams suppress crime sprees related to area
burglaries, robberies, identity thefts, organized shoplifting, alcohol, financial crimes, and other organized joint criminal behaviors. To assist and
strengthen coordination, the Community Oriented Policing (COP) Captain coordinates and assists Territory Lieutenants and District Patrol
Captains on ongoing community policing tactics and strategies and meets with the local community about business and resident concern. The Law
Enforcement and Prevention Project empowers and encourages cooperation, collaboration, and partnerships between local stakeholders.
Additionally, grant funds will be used to purchase special equipment for [he application of rapid responses to law enforcement needs.
NCA/NCF