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Home My WebLink About203-08 RESOLUTIONRESOLUTION NO. 203-08 A RESOLUTION ACCEPTING THE 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $24,316 00, $8,106.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH THE REMAINDER TO BE SPLIT EQUALLY BETWEEN 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 FAYETTEVILLE, ARKANSAS: OF Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $24,316.00, $8,106.00 of which will be used by the Fayetteville Police Department for the purchase of equipment, with the remainder to be split equally between 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 6th day of November 2008. APPROVE By: DAN COOD , Mayor ATTEST: By: gtoiShifklealEAtiffil, Deputy City Clerk 4RK/TFr,,N i'.•'' 66vP E :FAYETTEVILLE: sy.!rAANSA.t3 4'G TO N G�.' 1444114/114""° OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 3.E?w .,.susnc�u.+sec' Department o(Justice Of3ice o(Justice Programs _ e. Bureau of Justicc Assistance Grant PAGE 1 OF 4 . I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City ofFayctIc4illc 100-A West Rock Stmet Fayetteville, AR 72701-6191 4. AWARD NUMBER: 2008 -D1 -BX -0628 5. PROJECT PERIOD: FROM 10/01/2007 TO 09/30/2011 BUDGET PERIOD: FROM 10/01/2007 TO 09402011 6. AWARD DATE 0822/2008 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 716018462 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE Fiscal Year 2008 Justice Assistance Grant Prognnn 10. AMOUNT OF THIS AWARD 524,316 I I. TOTAL AWARD S 24,316 12. SPECIAL CONDITIONS THE ABOVE GRAM 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(n) (BJA - JAG Formuln) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S. Hcmiz Director. Bureau of Justice Assistance 18. TYPED NAME ANDTITI-E OF AUTHORIZED GRANTEE OFFICIAL Dan Coady Mayor 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGMA OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAI. FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 24316 21. HDJUGT0291C. OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2008 -D1 -DX -0628 AWARD DATE 0822/2008 PAGE 2 OF 4 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 (OSP) 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 0113. 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 constniction; 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 grantees or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BIA, agrees to cooperate with BJA in any preparation by BMA 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 -D1 -3X-0628 AWARD DATE 08/2211008 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 OW funded methlab operations: A. Thc 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. 13. 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 Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part lI 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 cach 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 stale 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. 01P FORM 40002 (REV. 4.88) Department oflustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 PROJECT NUMBER 2008 -DJ -BX -0628 AWARD DATE 08/2242008 SPECIAL CONDITIONS 8. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope 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 oflustice 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 0113 determines this regulation to be applicable. Should OW determine 28 C.F.R. Part 23 to be applicable, OJ' 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. 11. 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 http://www.ojp.usdoj.gov/ecIstates.htm. 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA 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. 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 oflustice 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 oflustice 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 oflustice 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. OJP FORM 40002 (REV. 4-88) City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2008 Department: Police Division: Police Program: Patrol Date Requested 10/9/2008 Adjustment Number Project or Item Added/Increased: Accept award of the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $24,316.00. Project or Item Deleted/Reduced: None Justification of this Increase: These funds will be used by Fayetteville Police for the purchase of Tasers, Springdale Police for the purchase of long guns with accessories and Washington County Sheriff to support the purchase of a firearms simulator training software. Justification of this Decrease: N/A Increas Budget Account Name Accoun Number Amount Project Number Minor Equipment 1010 2940 5210 00 Transfer to Springdale 1010 6600 5737 00 Transfer to Washington County Sheriff 1010 6600 5738 00 Account Name 8,106 08069 1 8,105 08069 1 8,105 08069 1 Decrease Budget Account Number Amount Project Number Federal Grants - Operational 1010 0001 4309 01 24,316 08069 1 Approval Signatures Requeste /By /6//7/°3 Date /—'7'4 Date Departmejj rector � 1 (a/�Datee Finance D Date 16.-t3-o'v Mayor Date Budget & Research Use Only Type: A B C CD E General Ledger Date Approval Date Posted to General Ledger Posted to Project Accounting 314442448 Initial Date Initial Date Initial Date Judy Cohea Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts November 4, 2008 City Council Meeting Date Patrol Division Action Required: Police Department Accept the 2008 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $24,316.00 and approve a budget adjustment recognizing the revenue. Fayetteville Police Department will receive $8,106.00 for the purchase of equipment. The balance of $16,210 will be split equally between Springdale and Washington County each receiving $8,105.00. 24,316.00 Cost of this request 1010-6600-5737.00 1010-2940-5210.00 Account Number 291,398.00 Category / Project Budget 2008 Justice Assistance Grant Program Category / Project Name 238,290.00 2008 Justice Assistance Grant Funds Used to Date Program / Project Category Name 53,108.00 Project Number Remaining Balance Budgeted Item Budget Adjustment Attached X General Fund Name Departme 'lin.:- Date Finance andlnternal Service Director Mayor Comments: 4 to -n -ar Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in C Clerk's ffice ENT ED (°i'2' $ aY ARKANSASevi le e Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 TO: Mayor Coody THRU• Greg Tabor, Police Chief FROM: Judy Cohea, Records Manager DATE: September 30, 2008 SUBJECT: Acceptance of 2008 Justice Assistance Grant Recommendation Staff recommends acceptance of the 2008 Edward Byrne Memorial Grant in the amount of $24,316. Fayetteville Police will receive $8,106. $8,105 will be transferred to both the Springdale Police Department and the Washington County Sheriff's Office. Approval of a budget adjustment recognizing this revenue is requested. Background The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance has awarded the 2008 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 fourth year for this grant to be a shared grant with these other agencies. Discussion The Fayetteville Police Department has been awarded $8,106 for the purchase of six (6) tasers with video capability. Fayetteville is working diligently to increase the number of available Tasers to be assigned to our law enforcement officers. Tasers are a critical component of any officer's arsenal to effectively subdue aggravated suspects without subjecting our officers and/or suspects to physical injury. Due to complaints regarding taser usage, the video capability will allow our officers to capture in hard evidence the need for use of less lethal force. Within this grant, Springdale is awarded $8,105 to purchase long guns and accessories. Washington County is awarded $8,105 to support the purchase of firearms simulator training software to supplement the county firing range. Budget Impact None, the revenue from this grant will off set the cost of equipment. RESOLUTION NO. A RESOLUTION ACCEPTING THE 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $24,316.00, $8,106.00 OF WHICH WILL BE USED BY THE FAYETTEVILLE POLICE DEPARTMENT FOR THE PURCHASE OF EQUIPMENT WITH THE REMAINDER TO BE SPLIT EQUALLY BETWEEN 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 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $24,316.00, $8,106.00 of which will be used by the Fayetteville Police Department for the purchase of equipment, with the remainder to be split equally between 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 day of November 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City CIerWTreasurer Clarice Pearman - Res. 203-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Cohea, Judy 11.13.08 2:39 PM Res. 203-08 Audit; Fell, Barbara Audit; Fell, Barbara Page 1 of 1 Judy: Attached is a copy of the above resolution passed by City Council regarding the 2008 Edward Byrne Memorial Justice Assistance Grant. I will forward to Budget & Research the budget adjustment. I am returning to you the grant acceptance forms. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\491 C3 C 19F... 11.13.08