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HomeMy WebLinkAboutR-2008-145 BJA Byrne Grant; Gang Prevention and Awareness - Funding for TrainingRESOLUTION NO. R-2008-145 A RESOLUTION ratifying acceptance of federal funding in the amount of $21,478 from the United States Department of Justice, Bureau of Justice Assistance, for assistance with training in the area of Gang Prevention and awareness and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not . limited to execution of all necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. WHEREAS, the U.S. Department of Justice has funds available to the City of Yakima in the amount of $21,478.00 to cover costs associated with training officers; and WHEREAS, the Bureau of Justice Assistance (BJA) will administer the funds on behalf of the City of Yakima Police Department; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City of Yakima and the Police Department are hereby authorized to accept $21,478.00 Byrne Memorial Funds from the U.S. Department of Justice, Bureau of Justice Assistance. 2. The City Manager is hereby designated as the official representative for the City for this funding, and is authorized and directed to accept the grant and to take all necessary steps and execute all necessary documents and contracts related to the funding on behalf of the City of Yakima. ADOPTED BY THE CITY COUNCIL this 7th day of October, 2008. David Edler, Mayor City Clerk Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Yakima 129 North 2nd Street Yakima, WA 98901 1 GRANTEE IRS/VENDOR NO. 916001315 3. PROJECT TITLE FY 2008 JAG Program 12. SPECIAL CONDITIONS PAGE 1 OF 4 Grant 4. AWARD NUMBER. 2008 -DJ -BX -0177 5. PROJECT PERIOD. FROM 10/01/2007 BUDGET PERIOD. FROM 10/01/2007 6. AWARD DATE 08/13/2008 8. SUPPLEMENT NUMBER 00 TO 09/30/2011 TO 09/30/2011 7. ACTION Initial 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD I I. TOTAL .AWARD 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 This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 15. METHOD OF PAYMENT PAPRS SO $ 21,478 $ 21,478 AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S Herraiz Director, Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Richard Zais City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 21478 21. HDJUGT0090 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2008 -DJ -BX -0177 AWARD CONTINUATION SHEET Grant PAGE 2 O 4 AWARD DATE 08/13/2008 SPECLAL CONDITIONS • 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 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 -I33, 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 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 grant funds, the grantee agrees to first 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 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 first 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 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 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. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 4 PROJECT NUMBER 2008 -DJ -BX -0177 AWARD DATE 08/13/2008 SPECIAL 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 methamphetamine 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 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 under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab operations: A. The grantee shall ensure compliance by OJP funded sub -grantees 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 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 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 II of this special condition) 7. I. 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 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 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 must 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-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2008 -DJ -BX -0177 AWARD CONTINUATION SHEET Grant AWARD DATE 08/132008 SPECIAL CONDITIONS PAGE 4 OF 4 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 of the Edward Byrne 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 no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF -269). 9. 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. 10. The recipient agrees that any information technology system funded or supported by OJP funds 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 not satisfy such a fine with federal funds. 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 communication among local and state govemmental 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 littp://www.ojp.usdoj.gov/ec/states.htm. 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement infomiation 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. 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 14. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 15. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Waahington. D C. 20531 Memorandum To: Official Grant File From: Maria Berry, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Yakima All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: 1) 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 grant funds, the grantee agrees to first 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 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 first 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 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 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. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2008 -DJ -BX -0177 This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) I. STAFF CONTACT (Name & telephone number) Jeffrey S. Felten -Green (202)514-8874 3a. TITLE OF THE PROGRAM PAGE I OF I 2. PROJECT DIRECTOR (Name, address & telephone number) Ritchie Fowler Officer 200 S. 3rd St Yakima, WA 98901 (509) 576-6751 BJA FY 08 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 4. TITLE OF PROJECT FY 2008 JAG Program 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Yakima 129 North 2nd Street Yakima, WA 98901 7. PROGRAM PERIOD FROM: 10/01/2007 TO: 09/30/2011 9. AMOUNT OF AWARD $ 21,478 8. BUDGET PERIOD FROM: 10/01/2007 TO: 09/30/201 I 10. DATE OF AWARD 08/13/2008 I I. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne 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 funds can be used for state and local initiatives, technical assistance, training, personnel. equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). OW FORM 4000/2 (REV. 4-88) The disparate jurisdictions of the City of Yakima and Yakima County will utilize their Fiscal Year 2008 JAG award in the amount of 521,478 to provide "zero tolerance" gang training to the City of Yakima Police Department. All officers will attend a two day course titled Gang Combat Dynamics and a three day course titled Street Crimes. The street crimes class will focus on intelligence gathering and officer safety. The combating gangs class will focus on eliminating street gangs. The Yakima Police Department will use $1,978 to administer the training program and other related grant activities. NCA/NCP • t BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q 6 For Meeting Of 10/7/08 ITEM TITLE: Resolution authorizing acceptance of federal funds through the Department of Justice, and ratifying the corresponding agreement with the Bureau of Justice Assistance. SUBMITTED BY: Chief Sam Granato, Police Department CONTACT PERSON/TELEPHONE: Deputy Chief Kelly Rosenow — 575-6178 Training Officer Ritch Fowler — 575-6210 SUMMARY EXPLANATION: The City of Yakima has proposed to the U.S. Department of Justice a need for assistance with funding for Gang Awareness training for officers of the Yakima Police Department. The attached resolution authorizes the City Manager to act as the official representative to accept the grant. The funds will be used for wages and benefits for a full-time gang prevention officer to coordinate the Yakima GREAT program,. to compensate codes enforcement project related overtime, and to contract for crime prevention and public awareness programs. These federally mandated funds require no local matching funds. Resolution X Ordinance Contract Other (Specify) Funding Source Federal Mandate Award #2008 -DJ -BX -0177 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing acceptance of federal funds and ratifying the agreement with the Bureau of Justice Assistance. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 991 CONTRACTS Contract Title Department of Justice Grant - 2008 -DJ -BX -0177 Contracting Party Department of Justice, Office of Justice Programs Bureau of Justice Assistance, FY 2008 JAG Program Purpose Assist with coordination of GREAT program Originating Division Police Staff Liaison Chief Granato Amendments Effective Date 10/07/2008 Eff. Date Explanation Expiration Date Exp. Date Explanation Dollar Amount 21,478.00 Dollar Amt Explanation Contract ID 2008-115 Resolution ID R-2008-145 Insurance (yes/no) Insurance Expires Insurance Name File Location No. C 08 111 Archive Info Comments