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HomeMy WebLinkAbout05719 - DOJ EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM Department 0f Justice OFficc of JunLice Progrurns it PAGE I OF 4 Bureau of Justice Ass isCance Grant 1 RECIPIENT NAML AND ADDRESS(InWudmg Zip Lode) 4 AWARDNUMBER: 2008-0I-BX-0560 City oFPeim Sprigs 3200 East Tnhquw C+nynn Way P O.Box 2743 5 PROJECT PERIOD FROM 10/01/2007 1'D 09/30B011 Palm Sprigs,CA 92263 BUDOFT PERIOD FROM 10/01/2007 TO 09/30(1011 6 AWARO DATE ON/26/2008 17 ACTION 1A GRANTCEIRSNENDORNO N SUPPLEMENTNUMBBR Initial 956000757 on 9 PRLVIGUS AWARD AMOUNT — S0 3.PROJECT TITLE 10 AMOUNT OF THIS AWARD S 12,2u6 Flscal Year 2008 Justice Assisnnce Onnt PrnSiam II TOTAL,AWARD CIS=Ofi 12 SPECIAL CONDITIONS THE ABOVE GRANT PROIFCT IS APPROVEI)SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) 13 STATUTORY AUTHORITY FOR GRANT This pio)ect is supported under 4y U S C.3751(a)(BJA.JAG Fornmla) 15 METHOD OF PAYMENT I PAPKS AGENCY APPROVAL GRANTFFACCFPTANCE..- 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL 1 18,TYPED NAMR AND TITLE OF AUTIIOIUZEU GRANTEE OFFICIAL Domingo S Henam ➢md ReMy urcucim,Bufeau of Justice Assistance City Manager Fr.SIGNATURE OF APPROVING OFFICIAL- 19 SIGNATURE.OF AUTIIORIZED EhLIPIENT OFFICIAL 19A ➢ATB r Z� AGENCY USF ONLY 20.ACCOUNTING CLASSIFICATION CODRS AD gIGT0451 FISCAL FUND DUD. DIV. YEAR CODE ACT OFC REG SUB. POMS AMOUNT X B DJ NO 00 00 12206 I DIP FORM 4000/2(REV.5-87)PREVIOUS E➢ITION$ARE OBSOLETE. ATTEST ^ _ OJP FORM 4000/2(REV.A-NN) fl. G V APPROVED BY CITY COUNCIL y Clerk - DcpanmcnT of Justice Office Of Justice Programs AWARD CONTINUATION Bureau of.iustice Assistance SHEET PAGE OF d Grant I PROJCCTNUMBER 2009-DJ-nx-0560 AWARD DATE 08/26/2UUU SPECI11L CONDITIONS 1 The recipient agrees to comply with the financial and administrative requirements set forth in the currcnr edition of the Office of Jusdcc Programs(OJP)Financial Guide 2 The recipient acknowledges that failure to submit an acceptable Hqual Fntployment Opportuntry Plan(if recipient is required to submit one putsuam 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 lime as the recipient is in compliance 3. The recipient agrees to comply with the organizational audit requirements of OMe Circular A-133,Audits of States, Local Govermnents,and Nan-Profit Organizations,as further described in the current edition of the 011s Pmancial 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 ofgovcmmenr,without the express prior written approval of OJP. 5. The grantee agrees to assist BJA in complying with die 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 subgranlee. Accordingly,prior to obligating grant funds,the grantee agrees to First dcretmme d'any ofthe following activities will be related to the use of the grant funds. The grantee undcrstand5 that this special condition applies to its following new activities whether or not they are being specifically funded with those grant funds. That i5,as long as the acnviry is being conducted by Elie grantee,a subgmntee,or any third party and the activity needs to be undertaken in ardor to use these grant funds,this special condition must First be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling ofa property either(a)listed on or eligible fur listing on the National Register of Historic Places or(b)located within a 100-yea flood plain, c. A renovation,lease,or any proposed use ol'a building of facility that will either(a)result in a change in its basic prior use or(b)significantly change its:ize;and, d. Implementation ofa new program involving the use of chemical:other than chemicals that are(a)purchased as an incidental component ofa funded activity and(b)Lrndilionally used,for example,in office,household,recreational,or education environments. Application of This Spacial Condition to Granrec's Hxistmg Programs or Acnvines For any of the grantee's or its subg+[amtees'existing programs or activities that Will be funded by These grant funds,the grantee,upon specific request from BSA,agrees to cooperate with BJA in any preparation by BJA oFa national or program cnvironmcmal assessment of chat horded piogran or activity. OUP FORM 4000/2(ICEV 4-66) Department of Justice ? Office of lustre Programs AWARD CONTINUATION '�y' Bureau of Justice Assistance SHEET PACE 3 OF 4 Grant PROJECT NUMBER I008ZJZX,Q560 AWARDDATT nil/16/100R SPECIAL CONDITIONS 6. This special condition facilitates compliance with the provisions of the NaLional Environmental Policy Act(NEPA) relating to clandestine methamphetarnine laboratory operations,including the identification,seizure,or closure of clandestine methamphelamine laboratories[hereinafler,"meth lab uperatiuns"]. No monies from this award may be obligated to suppom meth lab operations unless the gimuce 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 cnforceurcln agencies as they implement specific actions under their methamphemminc laboratory operations. Consistent with the Assessment,the following reaps and conditions shall apply to the grantee for any OJP funded mclhlab operations: A, The grantee shall ensure compliance by OJP funded sub-grantccs with federal,state,and local environmental, health,and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals, equipment,and wastes resulting from those operdlmns. )3. The granter shall have a Mitigation Plan in place that rdcnntics and documents the processes and points of accountability within its state. Phis plan will be used ro ensure rhat the adverse environmental,health,and safety impacts delineated in the Asseasmcnt are mitigated in a manner congmsnnt 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 idcnr]ficd in the Assessmem and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special condmons m all subgrams,(See Pan 11 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 clandcsrinc mcthamphcmminc laboratories; 2. Provide Occupational Safety and Health Administration(OSHA)required mnial and refresher training foi law enforcement officials and all other personnel assigned to either the seizure or closure of clandcsrinc methanmphetamine laboratories; 3. As determined by their specified duties,equip the peisonnel with OS11A required protective wear and other required safcry 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 sue(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 b,immcdtatcly above in order to eustue proper compliance, 8. Have in place and implcmcnt a wrrmcn agreement with the responsible state envuonmental agency. This agreement must provide that the responsible state environmental agcncy agrees to(q timely evaluate the enviromnemal condition at and around the site of a closed clandestine laboratory and(it)coordinate with the responsible parry,property owner, or others to ensure that any residual contamination is remediated,ifdcurmined necessary by the state environmental agcncy and in accordance with existing srate and federal requuenients,and 9. Have in place and implement a warren agreement with the responsible state or local service agencies to properly respond to any minor,as defined by state law,at the Site 'rhis agreement must ensure immediate response by qualified personnel who can(i)respond to the potential health needs of any minor at the sire;(ii)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arresr for other criminal violations;(lit)ensure immediate medical testing for merhampheramine toxicity;and(iv)arrange for any follow-up medical tests,examine eons,or health care made necessary as a result of mcthamphcraminc toxicity. OJP FORM 4000/2(REV 4-88) ' •�, Department of Justice 1 Office of Justice Programs AWARD CONTINUATION r( g Bureau of Assistance Sllll'1' race a OF a Grant II PROJECT NUMBER 2008-DJ-BX-0560 AWARD DATE 08/16/200S SPECIAL CONDITIONS 8. 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 ofthe Edward Byrne Memorial Justice Assistance Grant Pmgram(.JAG) The recipient also agrees to obligate and expend the grata funds in the must fund(including any interest earned)during the petiod of tic grant Grant Funds(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of justice Aggisrancc no later than 90 days after the end of the grant period,along with the final submission of the Financial Status Report(Sr,-269). 9. The o antee agrees to comply with all mportmg,data collection and evaluation requirements,as prescribed by the SJA in the program guidance for the Justice Asshslec Grant(JAG) Compliance with these rcquiremcnts will be monitored by BSA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R Fart 23,Criminal Intelligence Systems Operating Policies,if OJP determines dtis regulation to be applicable. Should O.IP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of ncc system,as per 28 C.F.R.23.20(g). Should any violation of 28 C F R Parr 23 occur,the rccipicm may he Rncd as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a}ins with federal Funds 11, The recipient agrees to ensure that the Slate Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure pcnod.This is to facilitate communication among local and stare 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 dinar requirement.For a list of Slate Infurnatiun Technology Points of Contact,go to http:/(www.ojp.ir cdgl.gov/eclsLatcs.hLTn. I 12 To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve intcrslatc 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 dial this requirement would nor be cost effective or would impair the functionality of an existing or proposed IT system 13, The grantee agrees to comply with the applicable requirements of28 C F R Pat 38,the Department of justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in pat that Department of Jusncc gran awards ofdlrccr funding may not be used to fund arty inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grans may still engage in inherently religious activities,but such activities must be separate in time or place from the Depamncnt of Justrec funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntmy.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department o£Justicc arc not pcnnineci to discnmmate in the provision of services on the basis of a beneficiary's Tcbgion, I 14. Recipient may not obligate,expend or drawdown funds until the Bureau of Justicc Assistance,Office of lusticc Programs has received documentation demonsuating that the state or local governing body review and/or community notification requiramcrus have been met and has msucd a Grant Adjustment Notice(GAN)releasing this special condition I 15. Recipient acknowledges that it may not obligate,expend or drawdown grant funds until it has submitted all delinquent reports for grans funded by OJP,Including 1)financial rcpons(Standard Form SF 269A);2)semiannual progress reports;3)annual performance reports;or 4)final reports. Recipients are encouraged to contact their BJA grant manager with questions concerning these delinquent reports All reports must be submitted electronically,Only after all of these delinquent reports have been submitted will Oils i5ma a Grant Adjustment Notice to remove this condition. OP FORM 400012(REV.a•aa)