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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)