Police Justice Assistance Grant
i5U~~E
~c/k-~
MEMORANDUM
May 8, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: 2006 Justice Assistance Grant (JAG) Approval and Acceptance of Grant
Award
Chief of Police Kim Wadding recommends City Council approval of the 2006 Edward
Byrne Memorial Justice Assistance Grant (JAG) in the amount of $29,008. This grant
requires no cash match and is for a four year period beginning October 1, 2005 to
September 30, 2009.
This grant provides funds for overtime for illegal drug investigations and special
enforcement teams. Additionally, the grant provides funding for instructors, supplies and
materials for the Citizen Police Academy and specialized equipment for tactical
operations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(/101 ~:~ ,/J~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
i
_-,' '._J
D~~%duE
~<k~
MEMORANDUM
Date: April 28, 2006
To: Michael C. Van Milligen
City Manager
From: Kim B. Waddinn~"'\
Police Chief ~J
Re: 2006 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 2006
Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount $29,008. The
grant requires no cash match. The grant period is for four years beginning October 1,
2005 to September 30,2009.
BACKGROUND:
The 2006 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 anyone 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 February 6, 2006 the City Council approved the submission of the Justice
Assistance grant application in the amount of $29,008. The Justice Assistance Grant
provides overtime funds for the police department and the Dubuque County Sheriff's
Office for illegal drug investigations and special enforcement teams. Additionally, the
funds provide funding for instructors, supplies and materials for the Citizen Police
Academy and specialized equipment for tactical operations.
On April 25, 2006 we received notification the Justice Assistance grant application was
approved for funding. 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.
1
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 Corporation
Counsel Barry Lindahl. The document and special conditions were found to be of
standard design and all conditions appear appropriate.
RECOMMENDATION:
It is recommended to accept the 2006 Justice Assistance Grant in the amount of
$29,008, 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 2006 Justice Assistance
grant award in the amount of $29,008.
Cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Attorney
Jeanne Schneider, City Clerk
Dawn Lang, Budget Director
2
<A
VI
Department of Justice
Office of Justice Programs
PAGE 1 OF 5
Bureau of Justice Assistance
Grant
RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Dubuque
13th and Central Avenue
Dubuque, IA 52001-4837
4. AWARD NUMBER: 2006-DJ-8X-0214
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
1010112005 TO 09/30/2009
10101/2005 TO 09/3012009
IA. GRANTEE IRSNENDOR NO.
426004596
6. AWARD DATE 04/25/2006
8. SUPPLEMENT NUMBER
00
7. ACTION
Initial
9. PREVIOUS AWARD AMOUNT
$0
3. PROJECT TITLE
City of Dubuque and Dubuque County 2006 Law Enforcement and Prevention
Project
10. AMOUNT OF THIS AWARD
$29,008
11. TOTAL AWARD
$29,008
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE A 1T ACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supponed under Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006, Pub. L No. 109.108 (Nov. 22,
2005).
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
DomingoS. Herraiz
Director, Bureau of lust ice Assistance
Roy Buol
Mayor
~OVOFFICIAL
19A. DATE
17. SIGNATURE OF APPROVING OFFICIAL
tD/i-u
5/15/06
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
21. DJ06UOOl86
x
B
DJ
80
00
00
29008
OlP FORM 400012 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OlP FORM 4000/2 (REV. 4-88)
,
~;'
I
"., ,
.~". '
(
e
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF 5
PROJECT NUMBER 2006-0J-BX-0214
AWARD DATE
04125/2006
SPECIAL CONDITIONS
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 OMS Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, as further described in the current edition of the DJP 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 ofOJP.
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 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 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 ofa property either (a) listed on or eligible for listing on the National Register of
Historic Places or (b) located within a 1 QQ.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 ofa 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 SJA, agrees to cooperate with BJA in any preparation by BlA of a national or program environmental assessment
of that funded program or activity.
)p"
OlP FORM 4000/2 (REV. 4-88)
(I)
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF 5
PROJECT NUMBER 2006-DJ-BX-0214
AWARD DATE
G4I2S/2006
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 tab 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 (OlP), in consultation with the Bureau 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 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 OlP funded methlab operations:
A. The grantee shall ensure compliance by OlP 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, and safety
impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition.
C. The grantee shall monitor OlP 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)
7. 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 recycFng 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 ) I
medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. If ' : r- J
OlP FORM 400012 (REV. 4-88)
f)
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
PAGE 4 OF S
Grant
PROJECT NUMBER 2006-DJ-BX-0214
AWARD DATE
04/25/2006
SPECIAL CONDITIONS
8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, Of 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.
9. 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 ofBJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
10. To support public safety 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.ojp.gov/gjxdm.
II. The recipient is required to establish a trust fund account. (The trust fund mayor 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).
12. 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.
13. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP 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 of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 V.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
14. The recipient agrees that aU income generated as a direct result of this award shall be deemed program income. All
program income must be accounted for and used for the purposes under the conditions applicable for the use of funds
under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (I) 28 C.F.R. part
66 or (2) 28 C.F.R part 70 and OMB Circular A-IIO. Further, the use of program income must be shown on the
quarterly Financial Status Report, SF269.
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
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/eclstates.htm.
16. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review BoajLd ~ '
approval, if appropriate, and subject informed consent.
,/.
OJP FORM 400012 (REV. 4-88)
f)
Department of Justice
Office of Justice Programs
Bureau of Justice
Assistance
AWARD CONTINUATION
SHEET
PAGE 5 OF 5
Grant
PROJECT NUMBER 2006-DJ-BX-0214
AWARD DATE
04/25/2006
SPECIAL CONDITIONS
17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.c. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular,
section 22.23.
18. Recipient agrees that funds provided under this award may not be used to operate a "pay-to~stay" program in any local
jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs.
19. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this
program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov."
OJP FORM 4000/2 (REV. 4-88)