04-295 Resolution No. 04-295
RESOLUTION
AUTHORIZING ACCEPTANCE OF UNITED STATES DEPARTMENT OF JUSTICE
LOCAL LAW ENFORCEMENT BLOCK GRANT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
the City of Elgin, Illinois hereby accepts the United States Department of Justice Local Law
Enforcement Block Grant in the amount of$24,898.
BE IT FURTHER RESOLVED that the City of Elgin Gang and Drug Task Force be and is
hereby appointed as the advisory board to consider and recommend to the City Council how such
grant of$24,898 and the City of Elgin's matching expenditure of$2,766 should be expended to
reduce crime and improve public safety.
BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, is hereby authorized
and directed to execute all documents necessary in conjunction with the subject grant program.
s/Ed Schock
Ed Schock, Mayor
Presented: November 3, 2004
Adopted: November 3, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
OF
�4 C
o� ��ti Agenda Item No.
•
City of Elgin
L
October 22, 2004
N
TO: Mayor and Members of the City Council ssaF F CC MM UNITY
FROM: David M. Dorgan, City Manager Ay
Deputy Chief James Burns �f
SUBJECT: Acceptance of United States Department of Justice 2004 Block Grant
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider acceptance of a grant from the U.S. Department of Justice, authorization
of matching funds, and information to form an advisory board to oversee the grant for 2004.
RECOMMENDATION
F It is recommended that the City Council authorize the Mayor to accept this grant and approve the
necessary matching funds. It is further recommended that the Gang and Drug Task Force be
appointed as the advisory board to make a recommendation to the City Council for the
expenditure of these funds.
BACKGROUND
The United States Department of Justice Bureau of Justice Assistance has authorized a grant
award to the City of Elgin for $24,898 to reduce crime and improve public safety. In the past, a
portion of these monies has been utilized for technological advancements for the Police
Department and Purchase of Service Agreement for crime prevention. The grant is issued as a
result of a Federal Local Law Enforcement Grant program and has specific requirements for the
use of this money. The Grant requirements include:
1. Local match of$2,766.
2. Formation of an advisory board to consider how the money should be spent. The board
must be comprised of representation from the following groups:
a) Police Department
b) Local prosecutor's office
c) Local court system
Bureau of Justice Assistance for 2004
October 22,2004
Page 2 -
d) Local public school
e) Local nonprofit, educational, religious or community group, active crime
prevention or drug use prevention or treatment
The Gang and Drug Task Force was used as the advisory board for the 1996 through 2003
grants.
3. The program funds must be audited.
The grant was reduced by $7,900 due to a provision requiring that.municipalities share a portion
of their eligible award with the County, if the Attorney General finds the award amounts issued
to the County and City to be disparate. The Illinois Attorney General found that Elgin, Aurora
and Carpentersville were eligible for a disparate treatment by Kane County in 2004, resulting in
negotiations with the County to find an acceptable sharing of the award. The County will receive
$7,900 from Elgin, $10,438 from Carpentersville and $15,988 Aurora. The amounts are roughly
20 percent of Elgin's and Aurora's eligible grant amount, rounded up to the nearest $1,000 and
100% of Carpentersville eligible grant. Kane County will be using the funds to continue funding
Community Based Prosecution in the City of Elgin, and this grant money will be managed by the
County.
Block grant money has been received by the City of Elgin every year since 1998. The amount of
the award is based upon a formula including Part I crimes (Violent) reported to the FBI and our
population. The amount of the award has been decreasing, from a high of$100,574 in 1998 to
the current $24,898. The grant money has been used to purchase and enhance many systems in
the police department and to fund crime prevention initiatives.
The automated fingerprint system was purchased and expanded with these funds as was a
significant portion of the police computer network, from e-mail, to firewalls to computers. In the
Crime prevention area, this money has been used to fund an alternative to suspension program
and to enhanced security around schools and the law enforcement facility. The police department
competes for these funds with area civic organizations and social service organizations. Public
hearings are held and the appointed task force makes non-binding recommendations on the
expenditure of these funds to the City Council.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The City Council must appoint an advisory board if the funds are to be accepted.
rBureau of Justice Assistance for 2004
October 22, 2004
Page 3
Ofi&L-riNANCIAL IMPACT
The total grant will equal $24,898. The local match of $2,766 can be funded from the Police
Department budget, account number 010-2301-731.80-30, Contributions-City Match Justice
Grants, where $12,000 has been budgeted and $9,233 is available.
The grant requires that a separate fund and account be established (Bureau of Justice Grant Fund,
number 252). Additional audit work would need to be performed by the City's independent
auditors at an estimated cost of$500 which can not be funded from the grant funds, but will be
covered as part of the regular City audit.
�` , EGJJ�\
AL IMPACT
None.
ALTERNATIVES
1. The Mayor and members of the City Council may choose not to accept this grant.
2. The Mayor and City Council may chose to appoint another body as the hearing body for
rib' this grant.
Respectfully submitted for Council consideration.
Jib
Attachment
U.S.Department of Justice
Office of Justice Programs
Bureau.of Justice Assistance
Office of the Director Washington,D.C. 20531
August 12,2004
Mr.Schock
Mayor,Elgin City
150 Dexter Court
Elgin,IL 60120-5555
RE: Fiscal Year 2004 Local Law Enforcement Block Grants Program
Dear Mr. Schock:
I am pleased to inform you that I have approved the application for funding under the
Bureau of Justice Assistance's(BJA)Fiscal Year 2004 Local Law Enforcement Block
Grants(LLEBG)Program in the amount of$24,898 for Elgin City.The purpose of the
LLEBG Program is to reduce crime and improve public safety.This Block Grant Award may
be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents.If you have any
programmatic questions regarding this award,please contact BJA's Programs Office at
(202)514-6638. In addition,all financial questions regarding this award should be
directed to the Office of the Comptroller,Customer Service Division at(800)458-0786.
I look forward to a continuing partnership with Elgin City in furtherance of this important
criminal justice program.
Sincerely yours,
Domingo S.Herraiz
Director
Attachments
U.S.Department of Justice
Aft° Office of Justice Programs
Office for Civil Rights
Washington,D.C. 20531
August 12,2004
Mr.Schock
Mayor,Elgin City
150 Dexter Court
Elgin,IL 60120-5555
Dear Grant Recipient:
Congratulations on your recent award. Because you have submitted Certified
Assurances that your agency is in compliance with applicable civil rights laws,this
office has determined that you have met this requirement in the Department of Justice
regulations governing recipients of Federal financial assistance(see 28 C.F.R.sec.
42.204,Applicants'Obligations). As Director of the Office for Civil Rights(OCR),
Office of Justice Programs,I would like to offer you my assistance in completing the
conditions of these Assurances,specifically Nos. 13, 14,and 15,as the grant goes
forward.
As you know,equal opportunity for the participation of women and minority
individuals in employment and services provided under programs and activities
receiving Federal financial assistance is required by law. Therefore,if there has been a
federal or state court or administrative agency finding of discrimination against your
agency,please forward a copy of such order or consent decree,as required by
Assurance No. 14,to OCR at the U.S.Department of Justice,Office of Justice
Programs,Office for Civil Rights,810 Seventh Street,N.W.,Room 8136,Washington,
D.C.20531.
r
Additional Instructions For Grantees Receiving$500,000 Or More:
I. In accordance with Assurance No. 15,each grantee that receives$500,000 or more
(or$1,000,000 in an 18-month period),and has 50 or more employees,must
submit an Equal Employment Opportunity Plan(EEOP)within 60 days from the
date of this letter to OCR at the above address.1
2 Alternatively,the grantee may choose to complete an EEOP Short Form,in lieu of
sending its own comprehensive EEOP,and return it to OCR within 60 days of the
date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and
preparation time considerably and will ensure a quicker OCR review and approval.
The enclosed Seven-Step Guide to the Design and Development of an EEOP
(which includes an EEOP Short Form)will assist you in completing this
requirement.
3' Please be reminded that the above requirements apply to primary grantees and to
each of their subgrantees or contractors that meet the criteria outlined in this letter.
Therefore,all primary grantees should apprise subgrantees of these
responsiblities and those meeting the criteria should send their EEOPs or EEOP
Short Forms directly to the Office for Civil Rights within 60 days of the date of thei
NOTE:If agency has under 50 employees,regardless of amount of award,no EEOP is
required;however,grantee must return applicable portion of Certification Form to
rOCR wn 60 days.
PURSUANT ithi TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS
AWARD,RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN
ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND
MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS
BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS.
Additional Instructions For Grantees Receiving$25,000 Or More,But Under
$500,000:
4. Pursuant to Department of Justice regulations,each grantee that receives$25,000
or more and has 50 or more employees is required to maintain an Equal
Employment Opportunity Plan(EEOP)on file for review by OCR upon request.
(However,if the grantee is awarded$1,000,000 in an eighteen(18)month period,
it must submit an acceptable EEOP to OCR.) Please complete the applicable
section of the attached Certification Form and return it to OCR within 60 days of the
NOTE: If agency has under 50 employees,regardless of amount of award,no EEOP is
required;however,grantee must return applicable portion of Certification Form to
OCR within 60 days.
1 If you have already submitted an EEOP as part of another award from the Office of Justice Programs(OW)or the
Office of Community Oriented Policing Services(COPS)within this grant period,or if you have certified that no
EEOP is required,it is not necessary for you to submit another at this time. Simply send a copy of the letter you
received from OCR showing that your EEOP or certification is acceptable.
•
Additional Instructions For Grantees Receiving Under$25,000:
5. A recipient of under$25,000 is not required to maintain or submit an Equal
Employment Opportunity Plan(EEOP)in accordance with Assurance No. 15. No
Certification is required.
Instructions for All Grantees:
6. In addition,all recipients,regardless of their type,the monetary amount
awarded,or the number of employees in their workforce,are subject to the
prohibitions against discrimination in any funded program or activity. Therefore,
OCR investigates complaints by individuals or groups alleging discrimination by a
recipient of OW funding;and may require all recipients,through selected
compliance reviews,to submit data to ensure their services are delivered in an
equitable manner to all segments of the service population and their employment
practices are in compliance with equal employment opportunity requirements.2
If you have any questions,please call OCR at(202)307-0690. Additional information
and technical assistance on the civil rights obligations of grantees can be found at:
http://www.ojp.usdoj.gov/ocr/.
Sincerely,
,. 01.
Michael L.Alston
Acting Director,Office for Civil Rights
•
cc: Grant Manager
Financial Analyst
2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964,42
U.S.C.sec.2000e.
U.S.DEPARTMENT OF JUSTICE AWARD
OFFICE OF JUSTICE PROGRAMS
I OJP X BJA I I OJJDP I X I GRANT PAGE 1 OF 7
BJS Nil OVC COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
1.GRANTEE NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2004-LB-BX-1608
Elgin City
150 Dexter Court 5.PROJECT PERIOD:FROM 10/01/2003 TO 09/30/2005
Elgin,IL 60120-5555
BUDGET PERIOD:FROM 10/01/2003 TO 09/30/2005
IA.GRANTEE IRS/VENDOR NO. 366005863 6.AWARD DATE 08/12/2004 7.ACTION
2.SUBGRANTEE NAME AND ADDRESS(Including Zip Code) 8.SUPPLEMENT NUMBER
X Initial
Supplemental
2A.SUBGRANTEE IRSNENDOR NO. 9.PREVIOUS AWARD AMOUNT $0.00
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $24,898
FY 2004 Local Law Enforcement Block Grants
11.TOTAL AWARD $24,898
12.SPECIAL CONDITIONS(Check,if applicable)
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
X ON THE ATTACHED 6 PAGES
13.STATUTORY AUTHORITY FOR GRANT
TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
42 U.S.C.3701,ET.SEQ.,AS AMENDED
I I TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
42 U.S.C.5601,ET.SEQ.,AS AMENDED
VICTIMS OF CRIME ACT OF 1984,42 U.S.C.10601,ET.SEQ., PUBLIC LAW 98-473,AS AMENDED
X OTHER(Specify): Fiscal Year 2002,Departments of Commerce,Justice,and State,the Judiciary,and Related Agencies Appropriations Act(Pub.L.
No.107-77)
14.FUTURE FISCAL YEAR(S)SUPPORT:
SECOND YEAR'S BUDGET PERIOD: N/A
AMOUNT OF FUNDS: N/A TYPE OF FUNDS:
THIRD YEAR'S BUDGET PERIOD: N/A
AMOUNT OF FUNDS: N/A TYPE OF FUNDS:
15.METHOD OF PAYMENT
THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT YES X NO
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Domingo S.Herraiz Ed Schock
Director Mayor
17.SIGNATURE OF APPROVING OJP OFFICIAL 19.SIGNATURE OF AUTHORIZED GRANTEE I9A.DATE
cb
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21.L18M14
FISCAL FUND BUD. DIV. LI02U01608
YEAR CODE ACT. OFC. REG. SUB. POMS
X B LI 80 00 00
OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS SHEET
I I Ow I x I BJA [ I OJJDP I x I GRANT PAGE 2 OF 7
I I BJS I 1 NU I I OVC [ I COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2004-LB-BX-I 608 AWARD DATE 08/12/2004
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 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 OJP's Financial Guide,
Chapter 19.
3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if
recipient is required to submit one pursuant to 28 CFR 42.302),that is approved by the Office of 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.
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 recipient agrees that federal funds under this award will be used to supplement but not supplant state or
local funds,pursuant to section 10I(g)of H.R.728, 104th Cong.(1995).
6. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty
(20)days prior to public release. Any publications(written,visual,or sound),whether published at the
recipient's or government's expense,shall contain the following statement:(NOTE:This excludes press
releases,newsletters,and issue analysis.)
"This project was supported by Grant No.2004-LB-BX-1608 awarded by the Bureau of Justice Assistance,
Office of Justice Programs,U.S.Department of Justice.Points of view in this document are those of the author
and do not necessarily represent the official position or policies of the U.S.Department of Justice."
7. The recipient agrees to provide information required for any national evaluation conducted by the U.S.
Department of Justice.
8. The recipient agrees,if the funds are used for the hiring and employing of new,additional law enforcement
officers and/or support personnel,as described in the applicable purpose area of Subpart A section 101(a)(2)of
H.R.728, 104th Cong.(1995),that the recipient unit of local government will achieve a net gain in the number of
law enforcement officers who perform non-administrative public safety service. If the funds are used for the
hiring and employing of new,additional law enforcement officers and/or support personnel,the unit of local
government will establish procedures to give members of the Armed Forces who,on or after October 1, 1990,
were or are selected for involuntary separation(as described in section 1141 of Title 10,United States Code),
approved for separation under section 1174a or 1175 of such title,or retired pursuant to the authority provided
under section 4403 of the Defense Conversion,Reinvestment,and Transition Assistance Act of 1992(division D
of Public Law 102-484; I0 U.S.C. 1923 note),a suitable preference in the employment of persons as additional
law enforcement officers or support personnel.
OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS SHEET
a on, I x I BJA OJJDP I x I GRANT PAGE 3 OF 7
BJS I l NU I l OVC I I COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2004-LB-BX-1608 AWARD DATE 08/12/2004
SPECIAL CONDITIONS CONTINUED
9. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in
execution of the program or project covered by the award. Such obligation may be terminated without further
cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special
conditions within 45 calendar days from the date of award.
10. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from
the date of award,or to have all federal funds deobligated for redistribution during the next funding cycle.
11. Local recipients agree to one 24 month obligation and expenditure period,as established at the approval of the
Request for Drawdown.All funds must be expended by the end of this 24 month period with no exceptions.
12. The recipient agrees to provide and expend a 10 percent cash match(calculated as 1/9 of the federal award
amount)before the end of the 24 month obligation and expenditure period. The recipient is reminded that the
matching funds are subject to audit under Special Condition#2 and will be binding to the recipient.Program
income/interest earned on Federal funds may not be considered as part of recipient's 10 percent cash match.
13. Local recipients are required to establish a trust fund account.This.fund may not be used to pay debts incurred
by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also
agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the 24 month
period. Grant funds(including any interest earned)not expended by the end of the 24 month period must be
returned to the Bureau of Justice Assistance(BJA)by the end of the 27th month,along with the final submission
of the Financial Status Report(SF-269A).
14. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month
obligation and expenditure period.
15. The recipient agrees,if funds are used by the recipient or subrecipient for enhancing security and/or crime
prevention programs,that the recipient or subrecipient--
(a)has an adequate process to assess the impact of any enhancement of a school security measure that is
undertaken under subparagraph(B)of section 101(a)(2),on the incidence of crime in the geographic area where
the enhancement is undertaken,and;
(b)will conduct such an assessment with respect to each such enhancement;
(c)will submit to the Bureau of Justice Assistance(BJA)an annual written assessment report;and
(d)will include a summary of the annual assessments conducted during the term of the grant in the Final Grant
Report to be submitted.
OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
s-- U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS
SHEET
t OJP x WA I 1 OJJDP x GRANT PAGE 4 OF 7
BJS NIJ OVC COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2004-LB-BX-1608 AWARD DATE 08/12/2004
SPECIAL CONDITIONS CONTINUED
16. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence
Systems.
17. The recipient 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
recipient or by a subrecipient. Accordingly,prior to obligating grant funds,the recipient agrees to first determine
if any of the following activities will be related to the use of the grant funds. The recipient 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 recipient,a subrecipient,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:
1. New construction;
2. 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;
3. 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,
4. 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 educational environments.
Application of This Special Condition to Recipient's Existing Programs or Activities:
For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant
funds,the recipient,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.
18. 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/ec/states.htm
OW FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
r
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS SHEET
I I OJP I x I BJA OJJDP x GRANT PAGE 5 OF 7
BJS I I NIJ OVC I I COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2004-LB-BX-1608 AWARD DATE 08/12/2004
SPECIAL CONDITIONS CONTINUED
19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,at least one(1)public
hearing will be held regarding the proposed use(s)of the grant funds.The recipient must also provide verification
to BJA,via the Internet system,of the public hearing. At the hearing,persons shall be given an opportunity to
provide written and oral views to the recipient on the proposed use(s)of the grant funds. The recipient will hold
the public hearing at a time and place that allows and encourages public attendance and participation. The
recipient may not request a drawdown of funds until these requirements are met and the formal budget
allocations are adopted by the recipient.
20. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds,a previously designated or
newly established advisory board will meet to discuss the proposed use(s)of the grant funds.The recipient will
designate the advisory board to make nonbinding recommendations on the use(s)of funds under the LLEBG
Program. Membership on the advisory board must include a representative from the following,though it may be
broader:
a)the local police department or sheriffs department;
b)the local prosecutor's office;
c)the local court system;
d)the local school system;and,
e)a local nonprofit,educational,religious,or community group active in crime prevention or drug use prevention
or treatment.
The recipient may not request a drawdown of funds until these requirements are met and the formal budget
• allocations are adopted by the recipient.
21. The recipient has certified it is in compliance with the Public Safety Officers'Health Benefits Provision of the
Fiscal Year 2004,Departments of Commerce,Justice,and State,the Judiciary,and Related Agencies
Appropriations Act(Pub.L.No. 107-273)and agrees to remain in compliance during the life of the grant.This
provision requires that the unit of local government which employs a public safety officer(as defined by section
1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended)to afford such public
safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a
personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit(as such
terms are defined by State law)with the same or better level of health insurance benefits at the time of
retirement or separation as the officer received while on duty.
22. The recipient agrees that funds provided under this award may not be used to operate a"pay-to-stay"program
in any local jail. The recipient further agrees not to subaward funds to local jails which operate"pay-to-stay"
programs.
OJP FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION •
OFFICE OF JUSTICE PROGRAMS SHEET
OJP x BJA OADP I x I GRANT PAGE 6 OF 7
c '
BJS I I NIJ I I OVC I COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2004-LB-BX-1608 AWARD DATE 08/12/2004
SPECIAL CONDITIONS CONTINUED
23 . Mitigation of Health,Safety,and Environmental Risks
a. General Requirement:The grantee agrees to comply with Federal, State,and local environmental,
health, and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and the disposal of the chemicals,equipment,and wastes
used in or resulting from the operations of these laboratories.
b. Specific Requirements:The grantee understands and agrees that any program or initiative involving
either the identification,seizure,or closure of clandestine methamphetamine laboratories,hereafter
referred to as the"Program", can result in adverse health,safety,and environmental impacts to(1)the law
enforcement and other governmental personnel involved;(2)any residents,occupants, users,and
neighbors of the site of a seized clandestine laboratory;(3)the seized laboratory site's immediate and
surrounding environment;and(4)the immediate and surrounding environment of the site(s)where any
remaining chemicals, equipment,and wastes from a seized laboratory's operations are placed or come to
rest.
Therefore,the grantee further agrees that in order to avoid or mitigate the possible adverse health,safety,
and environmental impacts of its Program,it will(1)include the nine,below listed protective measures or
components within its Program;(2)provide for their adequate funding to include funding,as necessary,
beyond that provided by this grant agreement;and(3)implement these protective measures throughout the
life of this grant agreement. In so doing,the grantee understands that it may implement these protective
measures directly through the use of its own resources and staff or may secure the qualified services of
other agencies,contractors,or other qualified third parties.
1. 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 other personnel assigned by the grantee to either the seizure or
the closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties,equip personnel assigned to the Program with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory; .
OW FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
JUSTICE OF ICE PROGRAMS
SHEET
_
OJP x BJA I I OJJDP x GRANT PAGE 7 OF 7
IJ• BJS [ I NIJ [ I OVC I I COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER. 2004-LB-BX-1608 AWARD DATE 08/12/2004
SPECIAL CONDITIONS CONTINUED
5. Employ qualified disposal contractors to remove all chemicals and associated glassware,equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
6. Dispose of the chemicals,equipment,and contaminated materials and wastes removed from the sites
of seized laboratories at properly licensed disposal facilities or,when allowable,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 an inter-agency agreement or other form of commitment with a
responsible state environmental agency that provides for that agency's(i)timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and(ii)coordination with
the responsible party,property owner,or others to ensure that any residual contamination is remediated,if
necessary,and in accordance with existing state and federal requirements;and
9. Include among the personnel involved in seizing clandestine methamphetamine laboratories,or have
immediate access to,qualified personnel who can respond to the potential health needs of any of the
offender(s)'children or other children present or living at the seized laboratory site. Response actions should
include, at a minimum and as necessary,taking children into protective custody,immediately testing them
for methamphetamine toxicity,and arranging for any necessary follow-up medical tests,examinations,or
health care.
•
' c. Additional Requirements:As part of the Request for Drawdown process,the Grantee shall submit a brief
description of its project sufficient for the Office of Justice Programs(OW)to determine whether any
additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance
of LLEBG funds.Furthermore,once LLEBG funds are issued,the Grantee shall notify OW if the project
changes significantly from the description in the Request for Drawdown,or if significant new information is
revealed during the course of the expenditure of LLEBG funds so that OW can determine whether any
additional environmental analyses need to be completed.
OW FORM 4000/2(REV.587)PREVIOUS EDITIONS ARE OBSOLETE