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HomeMy WebLinkAbout07463ORDINANCE NO. 7463 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT, AWARD NO. 2006- DJ -BX- 0171, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0604, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $86,743.00, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the federal government for public and municipal purposes and to enter into agreements relating thereto, and WHEREAS, the United States Department of Justice ( "DOX) has tendered a Justice Assistance Grant Award No. 2006 -DJ -BX -0171 (the "Award ") in the amount of $86,743.00 upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, - ]:@I Ir i] :10 7- 1:19113 9: =63 16 01.11 P► N l l 1 i 7 a all :11 y 11 i1in; F S The Awarding of Grant No. 2006 -DJ -BX -0171 to the City of Pueblo, a true copy of which is attached hereto, is hereby approved and accepted in accordance with its terms and conditions. SECTION 2. The President of the City Council is authorized to execute the Grant Award acceptance in the name of and on behalf of the City, and the City Manager is authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 3. The Grant Award Funds shall be deposited in an interest bearing trust fund account that is specifically designated for the Justice Assistance Grants Program ( "Program "). The funds in the account, including interest thereon, shall only be expended and used for the Program, and shall be so expended or obligated by September 30, 2009, provided, however, that none of the funds shall be spent or obligated until all applicable conditions precedent for expenditure of Grant Funds have been satisfied, as set forth in the Grant's Special Conditions. SECTION 4. This Ordinance shall become effective upon final passage and approval INTRODUCED April 10, 2006 BY Randy Thurston //�y Cou A ncilpe � rrson ���j, / �� 1 APPROVED: �Aud / WKatxa VICE FFIRESIDIFINITof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED April 24, 2006 943 u Background Paper for Proposed ORDINANCE AGENDA ITEM # 1 DATE: April 10, 2006 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (JAG) GRANT, AWARD NO. 2006 -DJ -BX -0171, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0604, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $86,743.00, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES AND OTHER DOCUMENTS, AND APPROPRIATING FUNDS THEREFOR ISSUE Should the City of Pueblo accept the 2006 Edward Bryne Memorial Justice Assistance Grant (JAG) on behalf of the Police Department in an amount not to exceed $86 RECOMMENDATION The Department recommends approval of this grant. BACKGROUND This grant will allow the Police Department to use these funds to improve law enforcement technology and upgrade necessary equipment. The program is designed to help local communities address problems specific to their area. FINANCIAL IMPACT There is no financial impact to the City of Pueblo, as no match is required for this grant. Department of Justice Office of Justice Programs PAGE 1 OF 5 Bureau of Justice Assistance Grant L RECIPIENT NAME AND ADDRESS (Including Zip Code) 4.AWARDNUMBER: 2006 -DJ -BX -0171 City of Pueblo P.O. Box 1427 5. PROJECT PERIOD: FROM 10/012005 TO 09/302009 Pueblo, CO 81002 BUDGET PERIOD: FROM 10/01/2005 TO 0913WNN 6. AWARD DATE 0328/2006 8. SUPPLEMENT NUMBER 7. ACTION Initial IA. GRANTEE TRSIVENDORNO. 846006151 00 9. PREVIOUS AWARD AMOUNT so 3. PROJECT TITLE 10, AMOUNT OF THIS AWARD S86,743 Law Enfotceveat Technology and Equipment Upgrade 11. TOTAL AWARD S86,743 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 Tba prole[ is supponsd under Science, State, Justice, Commerce, and Related Agencies Appmprlelons Act, 2006, Pub. L. No. 109 (Nov. 22, 2005). 15. 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 Domingo S. Herein Michael Occhieto I)irecfor, Bunco of Justice Asystnoce Pmsident ofTbe City Council 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. DJ06U00067 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B D1 80 00 00 86743 OJP FORM 4008/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 2 OF 5 Assistance Grant PROJECI'NUh1BER 2006 -DJ -BX -0171 AWARDDATE 03282006 SPECIAL CONDITIONS L 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 resuh 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, L-ocal 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 giant funds, the gramee agrees to fast determine if my 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 fast 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 in (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. U OUP FORM 400012 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PACE 3 OF 5 Assistance Grant PROJECTNUMBER 2006 -D1 -M -0171 AWARDDATE 0328/2006 SPECIAL CONDITIONS 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetarnme laboratory operations, including the identification, seizure, or closme of clandestine methamphetamina 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 Thug 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 methamphetarr ne laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OF funded methlab operations: A. The grantee shall ensure compliance by OF funded sub - grantees with federal, state, and local envirmmental, 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 OR funded meth lab operations to ensure that they comply with the following [tine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures most 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 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 eavironmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and amund the site of a closed clandestine laboratory and (u) 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 most 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 -upl medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. OJP FORM 400012 (REV. "8) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 4 OF s Assistance Grant PROJECr NUMBER 2006-M -FIX -0171 AWARD DATE 03282006 - SPECIAL CONDITIONS 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, 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. 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 of BJA 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 schema; (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.itojp.gov /gjxdm. 11. 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 Byme 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 an 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 fords will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OR determines this regulation to be applicable. Should OR determine 28 C.F.R. Part 23 to be applicable, OR 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. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income most 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 (1) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A -110. Further, the an of program income most 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 cone mication 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 ht tp:/ /www.ojp.mdoj.gov /ec/states.htm. 16. Grantee agrees to comply with the requirements of 28 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 Bgard approval, if appropriate, and subject informed consent. 'Fyi J OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE s OF s Assistance Grant PROJECf NUMBER 2006D1 -13X -0171 AWARD DATE 03/28/2006 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 of 28 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) Dep °"mea` °fJ °sn« GRANT MANAGER'S MEMORANDUM, PT. I: Off« of Justice programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF 1 2006 -DJ -BX -0171 This project is supported under Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006, Pub. I. No. 109408 (Nov. 22, 2005). 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Herne, address & telephone number) Lon so, Rehm Michael Bennett (202) 616 -5878 Deputy Chief 1 City Hall Place Pueblo, CO 810034201 (719) 553 -2464 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS FY 2006 Edward Byrne Maroons] Justice Assistance Grant (JAG) Program ON REVERSE) 4. TITLE OF PROJECT Law Enforce neN Technology and Equipment Upgrade S. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Pueblo P.O. Box 1427 Pueblo, CO 81002 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2005 TO: 09/302009 FROM: 10/01/2005 TO: 09/302009 I 9. AMOUNT OF AWARD I0. DATE OF AWARD $86,743 03282006 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEARS BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction 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 and control crime based on their own local needs and conditions. Grant foods can be used for slam and local initiatives, techoiml assistance, training, personnel, equipment, supplies, roonacmal support, and infomution systems for criminal justice for any one or, none of the following Purpose areas: 1) law eofoncemeot programs; 2) prosecution and court programs; 3) prevention and education pmgmmv; 4) corrections and community corrections programs; 5) drug treatment programs and 6) planning, evaluation, and technology Improvenunt programs. OJP FORM 40002 (REV. 4-88) The City of pueblo will use the SAG fiords to fiudmr the implermmmtlon of the wireless mtwork to access Colomdo Crime Information and National Crime Infor mtion. The County of pueblo will use the funds to purchase equipment for law mforecasent pm®ams and services NCA/NCF MEMORANDUM OF UNDERSTANDING CONCERNING RECEIPT AND DISBURSEMENT OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR FY 2006 THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 23r day of January 2006, by and between the City of Pueblo, a Municipal Corporation (hereafter referred to as the "City ") and Pueblo County, Colorado (hereafter referred to as the "County "). WITNESSETH: WHEREAS, the parties recognize that for FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) funding, administered by the U.S. Office of Justice Programs, Pueblo County has been certified as a disparate jurisdiction by the Colorado State Attorney General's Office; and WHEREAS, Federal Edward Byrne Memorial Justice Assistance Grant funding requires that a certified disparate county and the city or cities within the county are to divide available funds to their mutual satisfaction, and that if the parties are unable to reach a mutual agreement, no jurisdiction is eligible to receive funds; and WHEREAS, the parties reached an agreement over the receipt of $86,743.00 in JAG funds and the disbursement of those funds and wish to set such agreement as follows. NOW, THEREFORE, in consideration of the mutual covenants contained herein and in accordance with Federal law, the parties agree as follows: 1. The $86,743.00 JAG Grant Funds will be allocated as follows: The City will receive $65,925.00 to purchase equipment for law enforcement. The County will receive $20,818.00 of which the Pueblo County Sheriff's Department will receive $16,655.00 to purchase equipment for law enforcement. The Pueblo County District Attorney will receive $4,163.00 of the County's allocation to purchase equipment for law enforcement. The City will serve as the applicant /fiscal agent. 2. The City, County, Pueblo County Sheriff's Department and Pueblo County District Attorney shall meet and comply with the general and special conditions set forth in the FY 2006 JAG Grant Funds Award. Memorandum of Understanding Concerning Receipt and Disbursement of Edward Byrne Memorial Justice Assistance Grant Funds for FY 2006 Page — 2 IN WITNESS WHEREOF, the parties have entered into this Memorandum of Understanding the day and year first written above. ATTEST: PUEBLO COUNTY, COLORADO Byr BY i�l runty Clerk — to — the Board Chairman, Boafdof Cc Commissioners ATTEST: By_ �.0. Q� City Cl ATTEST: By CITY OF PUEBLO, A Municipal Corporation By President of the City Council PUEBLO COUNTY SHERIFF BY 7 Da nn , orse Sheriff ATT T: CITY OF PUEBLO PO DEPARTMENT By By 1 J ames W. Billings, Jr., Chief "11 ATTEST: IO JUDICIAL DISTRICT ATTORNEY By _ B Bil Thiebaut, District Attorney