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HomeMy WebLinkAbout07667ORDINANCE NO. 7667 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2007 JAG) GRANT, AWARD NO. 2007 - DJ -BX -1094, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0705, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $116,230.00, 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 ( "DOJ ") has tendered a Justice Assistance Grant Award No. 2007 -DJ -BX -1094 (the "Award ") in the amount of $116,230.00 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, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Awarding of Grant No. 2007 -DJ -BX -1094 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, are hereby appropriated for and shall only be expended and used for the Program, including required sharing with Pueblo County, and shall be so expended or obligated by September 30, 2010, 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 September 24, 2007 BY Randy Thurston Councilperson APPROVED: a F#k ESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: October 9, 2007 0 Ro '7 (o 1,7 o o ft Background Paper for Proposed ORDINANCE AGENDA ITEM # 11 0 DATE: SEPTEMBER 24, 2007 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF JUSTICE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE (2007 JAG) GRANT, AWARD NO. 2007 -DJ -BX -1094, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0705, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $116,230.00, 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 2007 Edward Bryne Memorial Justice Assistance Grant (2007 JAG) on behalf of the Police Department in an amount not to exceed $116,230.00? RECOMMENDATION The Department recommends approval of this grant. BACKGROUND Per Resolution 10997, passed and approved on May 14, 2007, the $116,230.00 JAG Grant Funds will be allocated as follows: The City will receive $88,335.00 to purchase equipment for law enforcement. The County will receive $27,895.00 of which the Pueblo County Sheriffs Department will receive $22,316.00 to purchase equipment for law enforcement. The Pueblo County District Attorney will receive $5,579.00 of the County's allocation to purchase equipment for law enforcement. These funds will be used by the police department 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 g PAGE 1 OF 5 t Bureau of Justice Assistance Grant I. RECIPIENT NAME AND ADDRESS(B¢Iudme Zip Cam) 4. AWARD NUMBER: 2007 -DJ -BX -1094 City0fPue610 P.O. B. 1427 5. PROJECT PERIOD: FROM 10/012006 TO 09/30/2010 P.M., CO 81002 BUDGET PERIOD: FROM 1010112006 TO 09/30/2010 6. AWARD DATE 09104/2007 9. SUPPLEMENT NUMBER 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 546006151 00 9. PREVIOUS AWARD AMOUNT s0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $116,230 Law Enforcement Technology and Equipment Upgrade t L TOTAL AWARD $116,230 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 GRAM TLia pmjeeta auppomd u da 42 U.S.C. 3751(x) GUA -JAG Formula) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE - 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 15. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Dummgo S. Hemtz Jemea W. BrOnigs Dimgnr, Bivrsu of I0a0w Ae ®sraoce Chief Of Police 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE �O l� P 4 4v /o„ _ AGENCY USE ONLY - 20 . ACCOUNTING CLASSIFICATION CODES 21. D107UO1090 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. S41B. POMS AMOUNT X B D) 80 00 00 116230 OJP FORM 4000/2 (REV. 5 -97) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice SHEET PAGE z OF s Assistance Grant i i PROIEf.TNUMBER 2007 -DI -BX -1094 AWARD DAIS 09/04/2007 SPECLIL CONDITIONS 1. The recipient agrees to comply with the fiaencial and adminMrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient aclawwledges 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 OF. S. The grantee agrees to assist BJA in complying with the National Environmental Polley 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 aubgtantee. Accordingly, prior to obligating grant funds, the grantee agrees to fast 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 ts being conducted by the grantee, a subgrantee, or any third parry and the activity needs to be undertaken in order to use these grant funds, this special condition must feat 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 my 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 my of the grantee's or its subgraoteee 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. ON FORM 4000/2 (REV. 4 -ee) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 3 OF 5 Assistance Grant PROJECTNUMM 2007 -07 -EX -1094 AWARD DATE 09/0412007 SPECUL 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 methamphetarnme laboratories thereinafter, "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 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 Order their melhemphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OR funded methtab operations: A The grantee shall ensure compliance by OJP handed sub - grantees with fader d, 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 documen 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 B 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. Amiga 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 enviromneatat 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; (u) take that minor into protective custody unless the min" is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetarnme toxicity; and (iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. OJP FORM 40002 (REV.4 8) ir, -.r Department of Justice Office of Justice Programs AWARD CONTINUATION f Bureau of Justice SHEET PAGE 4 OF 5 Assistance Grant PROJECTNOa4BER 20x7 -DJ -BX -1094 AWARD DATE 09/I4/2007 SPECIAL CONDJTJONS 8. The recipient agrees to submit to BJA for review and approval my curricula, training materials, "my other written materials that will be published, including web -based materials and web site conteM 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 my initiatives forded by BJA for law enforcement information sharing systems which involve interstate c,mwuVuy 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 National Information Exchange Model (NiEM) specifications and guidelines for this particular grant Grantee shall publish and make available without restriction all schemes generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance With this special condition, visit http: //www.niem.gov/imple tationguide.plip. 11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest- bearing acco =t) 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 giant fords in the trust fool (including my interest earned) during the period of the grant Grant funds (including my interest earned) rat expended by the end of the giant period most 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 my information technology system funded or supported by OR foods will comply with 28 C.F.R. Part 23, Criminal Intelligence 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 trot satisfy such a fine with federal foods. 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 =der this award, including the effective edition of the OR 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, use of program income most be shown on the quarterly Financial Status Report, SF269. 15. The recipient agrees to easure that the State Information Technology Point of Contact receives written notification regarding my 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 htt p: / /www.ojp.mdoj.gov /ec/statm.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 bums research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. OR FORM 400012 (REV. 4-88) E Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE s OF s Assistance Grant PROJECTNUM13ER 2007 -DI -IM -1094 AWARD DATE 09 /04/2007 SPECML CONDJTJONS 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data m 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. "Appticaats 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 them 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 wwwdep.gov." 19. Recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in soy local jail. Recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. OJP FORM 40002 (REV. 4-68) M111,