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HomeMy WebLinkAbout173-07 RESOLUTIONRESOLUTION NO. 173-07 A RESOLUTION ACCEPTING THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $83,183.00, $39,739.00 OF WHICH WILL BE USED BY THE FAYE 11 LVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH THE REMAINDER TO BE DISTRIBUTED TO THE CITY OF SPRINGDALE AND WASHINGTON COUNTY; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $83,183.00, $39,739.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with the remainder to be distributed to the City of Springdale and Washington County. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue ...`".RK/7R..... �U • ° °:U: APPROVED. ATTEST: : FAYETTEVI LLE t0 <� .:7 By:...a DAN COODY, MayorS NDRA E SMITH, City Clerk/ Treas,reriVe • e e 2 63 St PASSED and APPROVED this 2nd day of October 2007. OW FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. 01P FORM 40002 (REV. 4-88) 4 ,ter-, w 11 ip. .'gimes. Department of Justice Office oflustice Programs Bureau of Justice Assistance Grant PAGE 1 OF 5 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Fayetteville 100 A. West Rock Street Fayetteville. AR 72701-6069 4. AWARD NUMBER: 2007 -DJ -BX -0842 5. PROJECT PERIOD: FROM 10/012006 TO 09/30120]0 BUDGET PERIOD: FROM 10/01/2006 TO 09.'702010 6. AWARD DATE 08/23t2007 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 716018462 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE Law Enforcement Equipment, Licenses. and Tools 10. AMOUNT OF THIS AWARD E 83,183 II. TOTAL AWARD f 83,183 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 15. METHOD OF PAYMENT • PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S. Hcrraiz Director, Bureau oflustice Assistance IS. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Dan Coady Mayor 17 SIGNATURE OF APPROVING OFFICIAL 19. SIGN ' E OFAUTHORRI fa ED RECIPIENT OFFICIAL 19A. DATE e7 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OEC. REG. SUB. POMS AMOUNT X 13 DJ 80 00 00 83183 21. D107000498 / //V OW FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. 01P FORM 40002 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2007 -DJ -13X-0842 AWARD DATE 08232007 PAGE 2 OF 5 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 (OW) 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 0M13 Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OW 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 OW. 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 tither (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 PROJECTNUMBER 2007 -DJ -BX -0842 AWARD DATE 0&t23r2007 IPAGE 3 OF 5 1 SPECIAL CONDJTIOAS 6. This special condition facilitates compliance with the provisions of National Environmental Policy Act (NEPA) relating t6 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) goveming 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, slate, 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 safely 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 emnpliance; 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 slate 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. t OJP FORM 40002 (REV. 4-88) Department ofJustice Office of Justice Programs Bureau ofJustice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 5 PROJECT NUMBER 2007 -DJ -BX -0842 AWARD DATE 0823/2007 SPECIAL CONDITIONS 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by WA for law enforcement information 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 WA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. To support public safely and justice information sharing, OW requires the grantee to use the Nasional !Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php. 1 L 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 eamed) not expended by the end of the grant period must be returned to the Bureau ofJustice Assistance no later than 90 days after the end of the grant period. along with the final submission of the Financial Status Report (SF -269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13. The recipient agrees that 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 O1P deternines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OW may, at its discretion, perforin 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. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award. including the effective edition of the OJP Financial Guide and, as applicable, either (I) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A-110. Further, (he use of program income must be shown on the quarterly Financial Status Report, SF269. 15. 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 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 hltp:Nxmw.ojp.usdoj.gov/edstates.htm. 16. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Progra `s policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. GIP FORM 40002 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PAGE 5 OF 5 Grant PROJECT NUMBER 2007 -DJ -BX -0842 AWARD DATE 08/23/2007 SPECIAL CONDITIONS 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a I'rivacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and,l in particular, section 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." 19. Recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" progranis. OJP FORM 4000/2 (REV. 4-88) City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2007 Departmen Division: Program: Police Police Patrol Date Requested 9/13/2007 Adjustment Number • Project or Item Added/Increased: Recognize Justice Assistance Grant 2007 -DJ -BX -0842 in the amount of $83,183.00. Fayetteville will purchase 20 radar units, 2 Segway personal transportaion units, 25 digital cameras, a license for a Forensic Recovery of Evidence Device and 3 Tasers. This grant also includes a transfer of $26,281.00 to Springdale Police Department and $17,163.00 to Washington County Sheriffs Department. Project or ]tern Deleted/Reduced: None Justification of this Increase: These grant funds will cover cost of needed equipment that would not fit within our operating budget. Justification of this Decrease: Account Name Increase Expense Budget (Decrease Revenue Budget) Account Number Software Minor equipment Trans to Springdale Trans to Wash Co Sheriff Account Name 1010 1010 1010 1010 2940 2940 6600 6600 5209 5210 5737 5738 00 00 00 00 Amount Project Number 7,538 07033 1 32,201 07033 1 26,281 07033 1 17,163 07033 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Federal Grant -Operational 1010 0001 4309 01 Project Number 83,183 07033 1 Approval Signatures• Beget Manager Department Director Vi 3/A1 Date ��./747 Finance &Xntbrnal Serves Director Date Date 9 -1 7-c Date 94 07 Date Budget Office Use Only Type: A Posted to General Ledger Posted to Project Accounting Entered in.Category Log i Initial Initial Initial E Date Date Date • fa Judy Cohea Submitted By • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts September 17 City Council Meeting Date Patrol Division Action Required: /C5 7000 7 /73 Gvvad*yrs Police Department Acceptance of the 2007 Edward Byrne Memorial Justice Assitance Grant in the amount of $83,183.00 of which the Police Department will receive $39,739.00 for the purchase of equipment. The balance of $43,444 will be split between Springdale in the amount of $26,281 and Washington County receiving $17,163.00. 82,183.00 Cost of this request 1010-0001-4309.01 Account Number 07033-1 Project Number Budgeted Item 82,183.00 Category / Project Budget Funds Used to Date 2007 Justice Assistance Grant Program Category / Project Name 2007 Justice Assistance Grant Program / Project Category Name 82,183.00 General Remaining Balance Fund Name Budget Adjustment Attached X 7 Department ec or City Attorne Finance and Internal Service Director Mayor Comments: /(� Previous Ordinance or Resolution # o�t'afe%7 Original Contract Date: 9/x747 Date c1 -ti -o7 Date Date Original Contract Number: (Received in Mayor's Office ENTERED '1 rtye I�NKAN 5l�5 Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 TO: Mayor Coody and Members of the City Council THRU: Greg Tabor, Police Chief FROM: Judy Cohea, Records Manager DATE: September 13, 2007 SUBJECT: Acceptance of 2007 Justice Assistance Grant Background The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded the 2007 Justice Assistance Grant for local agencies This award is based in part on population and violent crime rates and is given to Fayetteville, Springdale and Washington County to share. This grant does not require any local cash matching funds This is the third year for this grant to be a shared grant with these other agencies. Discussion The Fayetteville Police Department has been awarded $39,739 for the purchase of 20 additional radar units, 2 Segway personal transportation units, 25 digital cameras, an additional license for the Forensic Recovery of Evidence Device and three Tasers. The 20 radar units will allow each of the marked vehicles to have new radar for officers to use during traffic enforcement. The two Segways will be used during special events and large public gatherings. The digital cameras will be placed in each marked police vehicle for officers to use to gather evidence. The Tasers will be placed in the pool of Tasers we have for officers to carry while on duty. The Taser is a less lethal option for officers to control a violent subject. Within this grant, Springdale is awarded $26,281 to purchase in -car digital video, tasers and handguns. Washington County is awarded $17,163 for the purchase of tasers and stop sticks. Recommendation Staff recommends acceptance of the 2007 Edward Byrne Memorial Grant in the amount of $83,183.00 for the purchase of the above listed equipment. If you should have any comments or question regarding this grant application, please contact me at extension 581. Budget Impact None, the revenue from this grant will off set cost of equipment. • RESOLUTION NO. A RESOLUTION ACCEPTING THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $83,183.00, $39,739.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH THE REMAINDER TO BE DISTRIBUTED TO THE CITY OF SPRINGDALE AND WASHINGTON COUNTY; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $83,183.00, $39,739.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with the remainder to be distributed to the City of Springdale and Washington County. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment recognizing the grant revenue. PASSED and APPROVED this 2nd day of October 2007. • APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs August 23, 2007 The Honorable Dan Coody City of Fayetteville 100 A. West Rock Street Fayetteville, AR 72701-6069 Dear Mayor Coody: Washington. D.C. 20331 On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 07 Edward Byme Memorial Justice Assistance Grant (JAG) Program in the amount of $83,183 for City of Fayetteville. 1 Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the tenns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Gerardo Velazquez, Program Manager at (202) 353-8645: and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.C. 20531 August 23, 2007 The Honorable Dan Coody City of Fayetteville 100 A. \Vest Rock Street Fayetteville, AR 72701-6069 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the reciipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office Of Justice Programs (OW), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Dear Mayor Coody: Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information od the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at httpJ/www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based . organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38 requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etlbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as I amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.10 and 38.2(0. Consequently, in many circumstances, it would be impermissible for faith -based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition. based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements ]n addition to these general prohibitions, an organization which is a recipient of financial assistance subject (6 the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968,142 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requircments:(1) 1 complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EE P, please : consult OCR's website at http://www.ojp.usdoj.gov/ocr/ceop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the ESOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section 13 of the Certification Form and return it to OCR. The Certification Forin can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than 525,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement However, your organization must complete Section A of the Certification Fonn and return it to OCR. The CertificationFonn can be found at http://www.ojp.usdoj.gov/ocr/ccop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization atter a due process hearing, on the ground of race, color, religion, national origin, or sex. your organization must submit a copy of the finding to OCR for review. 1 Ensuring the Compliance of Subrecipients • If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst OW FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 40002 (REV. 4-88) QTo„, Grant PAGE 1 OF 5 Department Justice of • Office ofJuslice Programs iBureau of Justice Assistance dun - 1. RECIPIENT NAME AND ADDRESS (Including Zip Codc) City of Fayetteville 100 A. West Rock Strtct Fayetteville, AR 72701-6069 4. AWARD NUMBER: 2007 -DJ -BX -0842 5. PROJECT PERIOD: FROM 10/01/2006 TO 09/30/2010 BUDGET PERIOD: FROM 10/01/2006 TO 09/30/2010 i 6. AWARD DATE 08232007 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 716018462 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT EO 3. PROJECT TITLE Lew Enforcement Equipment. Licenses, and Tools 10. AMOUNT OF THIS AWARD 583.183 I1. TOTAL AWARD S 83,183 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE AlTAC] IED PAGE(S). i 13; STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C. 3751(0) (BJA- JAG Formula) 15. METHOD OF PAYMENT I PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S. Hcraiz Director, Bureau of Justice Assistance 18. TYPED NAME Dan Coody Mayor AND TITLE OF AUTHORIZED GRANTEE OFFICIAL ) 17.j£S^IGNATTURE OF APPROVING OFFICIAL 19. IGNA OFAUTHO D RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X H DJ 80 00 00 83183 21. DJ07000498 OW FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 40002 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 5 PROJECT NUMBER 2007.DJ.BX-0842 AWARD DATE 08/23/2007 SPECIAL 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-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of 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 arc: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the Nati nal 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 chat ge 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 grantees or its subgrantecs' 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. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 5 PROJECT NUMBER 2007 -D1 -BX -0842 AWARD DATE 08/23/2007 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 grantcc 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 OW 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 die chemicals, equipment, and wastes resulting from those operations. B. Thc 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. Thc 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 Plat. 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 tra'ning 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 AWARD CONTINUATION SHEET Grant PAGE 4 OF 5 PROJECT NUMBER 2007 -D1 -BX -0842 AWARD DATE 08/23/2007 SPECIAL CONDITIONS 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by 131A for law enforcement information 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. 10. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al] schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.nicm.gov/implcmcntationguide.php. 11. 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 eamed) 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 tilt end of the grant period, along with the final submission of the Financial Status Report (SF -269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13. The recipient agrees that any information technology systcm 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, O1' may, at its discretion, perform audits of the system, as per 28 C.F.K. 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. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either:(I) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A -I 10. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. 15. 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 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/edstates.htm. 16. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional' Review Board approval, if appropriate, and subject informed consent. oir FORM 4000/2 (REV. 4-88) Department ofjustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant (PAGE 5 OF 5 PROJECTNUMI3ER 2007 -D1 -BX -0842 AWARD DATE 08232007 SPECIAL CONDITIONS 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." 19. Recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programis. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Memorandum To: Official Grant File From: Subject: Washington. D.C. 20531 Maria Berry, Environmental Coordinator Incorporates NEPA Compliance in Further Developmental Stages for Cityl of Fayetteville All grants funded under the Edward Byme 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 detennine 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.