The URL can be used to link to this page

Home My WebLink About28-Police Department ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon, Chief of Police Dept: Police Department 0 R 1 G 1 N A L October 30, 2003 Subject: Resolution of the City of San Bernardino authorizing the Mayor and Common Council to obligate and expend the allocated FY 03/04 Local Law Enforcement Block Grant (LLEBG) funds for law enforcement support expenditures. MlCC Date: 11/17/03 Date: Synopsis of Previous Council Action: 09/23/03 11/6/02 Grants Ad Hoc Committee approved Request for Council Action to be submitted to the full council. Resolution #2002-354, authorizing the obligation and expenditure of allocated FY 02/03 LLEBG funds. Resolution #2001-310, authorizing the obligation and expenditure of allocated FY 01102 LLEBG funds. Resolution #2000-337, authorizing the obligation and expenditure of allocated FY 00/01 LLEBG funds. Resolution #99-275, authorizing the obligation and expenditure of allocated FY 99/00 LLEBG funds. 10/3/01 11/6/00 1111199 Recommended Motion: 1. That the Mayor and Common Council close the public hearing for the proposed Local Law Enforcement Block Grant (LLEBG) expenditure plan for FY 03/04. ~ Adopt Resolution. ~~ ~ MICHAEL BILLD , ASSISTANT CHIEF OF POLICE 2. Contact person: Capt. Robert Curtis Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: $459,586 $336,650 - (Acct #773) FY 03/04 LLEBG Grant $ 37,406 - (Acct #769) FY 03/04 Citizens Option Grant $ 85,530 - General Fund (various accounts) Council Notes: Finance ~~ "ZC03-60i Agenda Item No. ~ ~ JlI/7 /~3 ---~ ~ CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino authorizing the Mayor and Common Council to obligate and expend the allocated FY 03/04 Local Law Enforcement Block Grant (LLEBG) Funds for law enforcement support expenditures. BACKGROUND The FY 03/04 Local Law Enforcement Block Grant (LLEBG) allocation provides the police department with $336,650 in federal funding for law enforcement support expenditures. There is a mandatory 10 percent (10%) cash match requirement of $37,406, bringing the total project amount to $374,056. The cash match will be derived from the FY 03/04 Citizens Option for Public Safety (Brulte) funds. The allocation is $133,349 (28.4%) less than the $469,999 allocated in FY 02/03. The Police Department's LLEBG Program Advisory Board has reviewed the intended use of grant funds and made a non-binding recommendation to the Mayor. The Advisory Board was provided with copies of the grant award outlining the police department's intended use of grant funds. The Advisory Board unanimously recommended that grant funding be used to fund the following projects: . Salary and benefits for a Property Room supervisor. . Salary and benefits for three police dispatchers. . 82% of the salary and benefits for two Information Services programmers. . 50% of the salary and benefits for a project coordinator and administrative clerk II assigned to the Crime Free Rental Housing (CFRH) program. . 50% of the maintenance and operation costs of the CFRH program. LLEBG funding will be used for the same programs as FY 02/03, with the exception of the salaries and benefits of two Information Services employees (one programmer and one computer operator). The costs of these two positions have been transferred to the Information Services budget. The itemized expenditure plan and supporting narrative are attached. FINANCIAL IMPACT The police department will be using $336,650 in FY 03/04, Local Law Enforcement Block Grant funds, $37,406 in FY 03/04 Cops Option funds, and $85,530 from the General Fund for a total of $459,586 to fund the personnel costs of four full-time civilian positions, 82% of the personnel costs for two full-time civilian positions and fifty percent of the CFRH program (including salary and benefits of two civilian positions). The civilian positions are existing and filled. . The Police Department's General Fund budget (accounts 001-219-xxxx, 001-221-xxx and 001- 225-xxxx) will provide $51,750 to cover the remaining salary and benefit costs for police employees, 50% of the maintenance and operation costs for the Crime Free Rental Housing and overtime expenditures for three dispatcher positions estimated at $3,000 per employee. The Information Services account #679-250-xxxx will provide $26,730 to cover the remaining salary and benefits for two programmers. RECOMMEND A TION Adopt resolution. . . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 1 2 3 rLO@~ RESOLUTION OF THE CITY OF S~) JiRN.JbINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE ALLOCATED FY 03/04 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FUNDS FOR LAW ENFORCEMENT SUPPORT EXPENDITURES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino are hereby authorized to obligate and expend the allocated Local Law Enforcement Block Grant monies in the amount of $336,650 from the U.S. Department of Justice and Bureau of Justice Assistance for law enforcement support expenditures as outlined in the anached Expenditure Plan submined by the Chief of Police (Exhibit" A").. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII Y(o, ~f I( /11-/63 . e 1 2 3 4 5 6 7 8 9 10 11 12 13 e 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR AND COMMON COUNCIL TO OBLIGATE AND EXPEND THE ALLOCATED FY 03/04 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FUNDS FOR LAW ENFORCEMENT SUPPORT EXPENDITURES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2003, by the following vote, to wit: Council Members: ~ Abstain Absent ~ ESTRADA LIEN-LONGVILLE MCGINNIS DERRY 14 SUAREZ ANDERSON McCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,2003. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal conte. t; James F. P an, City Atto BY: 2 . . e Exhi bit A San Bernardino Police Department FY 03/04 Local Law Enforcement Block Grant Expenditure Plan Narrative Property Room Supervisor The need for an on-site supervisor (Forensic Specialist III) was clearly identified in an independent audit of the Property Room conducted in August 1998. Since FY 99/00 this position has been funded by LLEBG funds. We need to maintain the current level of staffing and supervision in the Property and Evidence facility to provide adequate staffing to process, store and safeguard property and evidence in police custody and protect the department and City from liability arising from the mishandling or loss of these items. Maintaining this position will provide additional safeguards to minimize the City's exposure to liability in this critical area of police operations. Additional Dispatchers In 2002, the police dispatch center handled over 107,000 calls for service from the public, making it one of the busiest centers servicing medium sized cities. Since FY 99/00, LLEBG funding has been used to augment their staffing, providing funding for three additional dispatcher positions. These positions are essential to maintain quality service for the public and department personnel and handle 9-1-1 calls and other calls for police service. IS Support The Information Services department is critical to the Department's efforts in accurately diagnosing trends/patterns, active perpetrators, records input and maintenance, and problem solving. Funding for the IS public safety support staff needs to be maintained. In FY 99/00, the police department funded three IS positions through grants and a fourth position using evidence impound funds. This includes two programmers and a computer operator working on police computer systems and a third programmer working on fire computer systems. Since FY 00/01, the department has utilized LLEBG funds to cover the cost of all four positions. Crime Free Rental Housing The Crime Free Rental Housing (CFRH) program has been a key component of the police department's effort in reducing crime associated with multi-family dwellings. CFRH assists the multi-housing industry in developing a formal Apartment Association network to share ideas and information on managing apartment complexes, with the goals of reducing crime and improving the standard ofliving within their communities. . . . FY 02/03 LLEBG Expenditure Plan Narrative Page 2 The Crime Free Business program was established to coincide with the Mayor's strategic plan to reduce crime and improve the beautification of the City of San Bernardino. Small business owners are able to participate in a free education and certification program. This is a two-phase program with goals of reducing crime through a partnership between police and business owners and improving the operation of local businesses. LLEBG funding will be used for 50% of the salary and benefits of the project coordinator and an administrative clerk II assigned to the program as well as 50% of the maintenance and operation costs. The cost ofCFRH for FY 03/04 is $117,600. This includes $103,500 for personnel costs and $14,100 for maintenance and operation costs. Exhibit A . San Bernardino Police Department FY 03/04 Local Law Enforcement Block Grant Line Item Budget LLEBG COPS Option General Fund Total Description Costs Costs Costs Costs ID Tech III (Property Room Supervisor) $ 55.733 $ 6,192 -0- $ 61,925 (3) Dispatcher 111I 119,049 13,228 -0- 132,277 (excluding overtime) (2) IS programmers 108,948 12,106 26,730 147,784 (1) Project Coordinator 32,343 3,594 35,937 71,874 (1) Administrative Clerk II 14,232 1,581 15,813 31,626 (excluding overtime) e CFRH Maintenance and Operation Costs 6.345 705 7.050 14 .100 Totals $336,650 $37,406 $85,530 $459,586 . . ,(f):.'"!~;;f' ,.~) \. '">:~~. -~~. U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D. C. 20531 September 2, 2003 Ms. Valles Mayor, San Bernardino City 300 North "D" Street San Bernardino, CA 92401-1112 Dear Grant Recipient: . Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, ]4, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. e . Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the dale of this letter to OCR at the above address. I 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. 3. Please be reminded that the above requirements apply to primary grantees and to each of their sub grantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of thei . NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS A WARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRA WDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receil'ing $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded S I ,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. I If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submIt another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. e . Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions/or All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OIP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 [fyou have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. . Sincerely, 'J}~ l {i.Wo-- Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 USe. sec. 2000e. e . . e U.S. DEPARTMENT OF JUSTICE I OFFICE OF JUSTICE PROGRAMS ' IOlP -) I . ~ "~....: BlA 01JDP i BJS NIJ , ave I CHECK APPROPRIATE BOX ' ~ GRANT o COOPERATIVE AGREEMENT AWARD GRANTEE NAME AND ADDRESS (lncludmg Zip Code) San Bemardino City 300 Nonh "D"Slreel San Hemardino,CA 92401-1112 ------------!- - - --. - --~-- 14. AWARD NUMBER 2003-LB.BX.J810 I--~---'------- PROJECT PERIOD, FROM BUDGET PERJOD: FROM IA GRANTEE IRS/VENDOR NO 95600772] :: SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 6. AWARD DATE 09/02/2003 I i 8 SUPPLEMENT NUMBER 2A SUBGRANTEE IRSiVENDOR NO ----r------ i 9. PREVIOUS AWARD AMOUNT PROJECT TITLE FY 2003 Lo~al Law Enforcement 81m:k Grants ; 10. AMOUNT OF THIS AWARD lLTOTALAWARD -1-- PAGE 1 OF 7 10/01/2002 TO 09;30/2004 10/01/2002 TO 09130/2004 7. ACTION l".~ Initial ~'l Supplemental -~ $0,00 : ------_._~ $336,650 I -- .~~.650j I i ----I , I 12. SPECIAL CONOlTlONS (Check, if applicable) ! r-- THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR L1MlTATIONS AS ARE SET FORTll ~_ ,._ !~- ~~THEA~~HED6PA~ESn__ __ .._._..'.n____ i 13. STATUTORY AUTHORITY FOR GRANT TITLE 1 OF THE OMNIBUS CRIME CO,,"'TROL AND SAFE STREETS ACT OF 1968 42 U.s.e. 370], ET, SEQ" AS AMENDED TITLE 2 OF THE JUVEN]LE JUSTICE AND DELINQUENCY PREVENTION ACT OF ]974 42 U_S,c. 5601, ET SEQ_,AS AMENDED VICTIMS OF CR]ME ACTOF 1984,42 U.s.C 10601, ET SEQ, PUBLIC LAW 98-473, AS AMENDED OTHER (Specify) Fiscal Year 2002, Departments of Commerce, Justice, and Slate, the Judiciary, and Related Agencies Appropriations Act (Pub. L No 107-77) ]5. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT U YES :-x] NO ~-------- AGENCY-APPROVAL -~-- ---1 GRANT~; ACCEPTANCE ---- i ]6. TYPED NAME AND TITLE OF APPROVINGOJP OFfICiAL-~ypED NAME AND TITLE OF AUTHORIZED GRAmEE OFfIC]AL~ C.CamilleCain I JudilhValles ! AcungDlrector . I Mayor I BUTeau ufJusllce ASSistance ' i -I ---. - --I n_ ---1 :_~_! , '----~------ 14 FUTl'RE FISCAL YEAR{S) SUPPORT SECOND '{EAR'S BUDGET PERIOD NiA AMOUNT OF FUNDS ____~._ TYPE OF FUNDS THIRD YEAR'S BUDGET PERlOD N/A __,,~__ AMOVNTOFFUNDS _____~___ TYPEOFFUNDS ]7. SIGNATURE OF APPRO\1NG OJP OffICIAL --~SiGNATURE OF AUTHORIZED GRANTEE ~ I 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD DIV YEAR CODE ACT OFe REG SUB POMS L102UO]8IO X B LI 800000 OJP FOR~{ 4000/2 (REV 587) PREVIOUS EDITIONS ARE OBSOLETE ]9A. DATE . . e US_ DEPARTMENT OF JUSTICE OFFICE OF ruSTICE PROGRAMS AWARD CONTINUATION SHEET LJ OJP ,..!J ,........, NIJ II 1'1 ove LJ ----1 ~ GRANT COOPERATIVE AGREEMENT 2 OF 7 PAGE BJA ..__J OJJDP BJS CHECK APPROPRlA TE BOX , . _-.1.. --------------;-- AWARD DATE PROJECT NUMBER 2(0)-LB-BX-1810 09/02/2003 -- - --I 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 agrees to comply with the organizational audit requirements arOMB Circular, A-l33, Audits of States, Local Governments and Non-Profit Organizations, as further described in DIP's Financial GUlde, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office ofCiviJ Rights, is a violation of its Certified Assurances and may result in suspension ortermination of funding, until such time as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuantto section 101(g) ofH.R, 728, 104th Cong, (1995), 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publicinions (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2003-LB.BX.181O awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101 (a)(2) of H.R. 728, 104th Congo (1995), that the recipient unit oflocal government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit ofloca] government will establish procedures to give members of the Armed Forces who, on or after October I, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.s.e. 1923 note). a suitable preference in the employment of persons as additional law enforcement officers or support personnel. OlP FORM 4000:2 (REV 587) PREVIOUS EDITIONS ARE OBSOLETE . . e "...'.'. .~' '. ,r. -, ;. \ . f. ~ \ -~. . > /.. . . ''''''~ . . . .~- '" U,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARD CONTINUATION SHEET x GRANT PAGE 3 OF 7 -, OJP I ~-, BIA L! OJJDP -, !~ BJS NIJ ove c - . ,COOPERA rIVE AGRHMENl L.. J CHECK APPROPRlATE BOX i PR01ECTNUMB~~3_-LB-8X-]8]O ________~_____1___ AW~_~DD~~~_ 09~20~~_.____ _ SPECIAL CONDITIONS CONTl.~'UED 8. The recipient agrees this award document constitutes the obligation offederaJ funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Orawdown via the Internet system within 90 calendar days from the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle. 10. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. II. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are subject to audit under Special Condition #2 and will be binding to the recipient. Program income/interest earned on Federal funds may not be considered as part of recipient's 10 percent cash match. 12. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month [ period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the tinal submission of the Financial Status Report (SF-269A). 13. The recipient agrees to submit one tinal progress report via the Internet system at the end of the 24 month obligation and expenditure period. 14. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security and'or crime prevention programs, that the recipient or subrecipient . - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken: (b) will conduct such an assessment with respect to each such enhancement and, (c) will submit to the Bureau of Justice Assistance (BlA) an annual written assessment report. 15. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Crimina1lntelligence Systems. OlP FORM 4000:2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE e e e U,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS AWARD CONTINUATION SHEET I' OJP e, BJA l OJJDP ~ ---' x. BJS NIJ ;-1 ove L PAGE 4 OF 7 '-._:11:_ GRANT ,11 COOPERATIVE AGREEMENT ,~ CHECK APPROPRlATE BOX PROJECT NlJMBER 2003.LB-BX.1810 ~- _~_=_=-_~=J ~~~-DATE -O~,'02J20~3 ' _=-..____~.__ ~__ SPECIAL CONDITIONS CONTINUED ]6. The recipient 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 recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient 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 recipient, a subrecipient, 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; 1. New construction; 2. 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 I DO-year flood plain; 3. A renovation, lease, or any proposed use ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. 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 educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BlA, agrees to cooperate with BlA in any preparation by BlA of a national or program environmental assessment of that funded program or activity. 17. The recipient agrees to ensure that the State Information Technology Point of eon tact 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 OlP FOR.\1 4000/2 (REV 587) PREVIOUS EDITIONS ARE OBSOLETE e e e V,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ~ OJ1DP =:J ovC PAGE 5 OF 7 AWARD CONTINUATION SHEET ,-- ~~ GRANT C COOPfRA lIVE AGREEMENT -1 OJP -xl B1A B1S ~ NIJ i -] CHECK APPROPRlA TE BOX PROJECT NLIMBER 2003-LB-BX-1810 AWARD DATE 09/02/2003 SPECIAL COND1TJO.vS CONTINUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BlA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and panicipation. The recipient may not request a drawdo\V1l of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any lLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local coun system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has cenified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2003, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107.273), as of the date of this application. Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, ifless than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the reduced award amount. 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient funher agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 011' FORM 4000,2 (REV 587) PREVIOUS EDITIONS ARE OBSOLETE I i I --1 j i e e e (f)(1 ~;. . .-" U,S DEPARTMENT OF ruSTlCE OFFICE OF JUSTICE PROGRAMS AWARD CONTINUATION SHEET [~J cJ I iiJ n Nil GRANT PAGE 6 OF 7 o BJA QUDP ove OJP BJS " , .j (OOPERA TIVE AGREEMENT iJ I I 1_- ~- -- ---- PROJECT NUMBER 2003-LB-BX.]8IQ ---- CHECK APPROPRIATE BOX 09/0212003 AWARD DATE ~l , SPECIAL CONDITIONS CONTINUED 22 . Mitigation ofHeaJth, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. b. Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter referred to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety, and envirorunental impacts of its Program, it will (1) include the nine, below listed protective measures or components within its Program; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this grant agreement; and (3) implement these protective measures throughout the life of this grant agreement. In so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractors, or other qualified third parties. 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 other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; DIP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE . . . u.s, DEPARTMENT OF JUSTICE OFFICE OF ruSTICE PROGRAMS LJ OIP r~:l BJA ,.-J OJJDP c"J n BJS I~ Nil ---1 Dve LJ --' PAGE 7 OF 7 AWARD CONTINUATION SHEET [iJ GRANT o COOPERATIVE AGREEMENT , i- PROJECT NUMBER - CHECK APPROPRIATE BOX -, 2003-LS-BX-181O A WARD DATE 09/02/2003 SPECIAL CONDITIONS CONTINUED 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, 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 an inter-agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site ofa closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or hving at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdo\\'O process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notifY OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure ofLLEBG funds so that OJP can determine whether any additional environmental analyses need to be completed. I __J OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE I'C ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1\-1~-Q3 Item # 1.. '8 Resolution # LCX::l3-30C, Vote: Ayes 1-') Nays kr Abstain .e- Absent -e- Change to motion to amend original documents: '~ Reso. # On Attachments: -===-- Contract term: - Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 1\- \ ~l ~03 Date of Mayor's Signature: II- Lo-Q~ Date ofClerk/CDC Signature: 11--zn-o:3 Date Me t for Si nature: See Attached: See Attached: See Attache 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Thao Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distribute~)'J: City Attorney Parks & Rec. Code Compliance Dev. Services Police"/ Public Services Water Notes: NullNoid After: By: Reso. Log Updated: .------ Seal Impressed: ./ Date Returned: - Yes~ No By Yes No ./ By Yes No /' By - Yes No ,/ By Yes No ,,/ B EDA v MIS Finaoce Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Term. etc.) Ready to File: _ Date: Revised 01112/01