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
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