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