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HomeMy WebLinkAboutCOM 0390.000 2002-2004 ~tv osp Harry Kim ~y:'~~ ~o William Takaba Mayor Director • Nancy E. Crawford ~i•. ~ Deputy Director County of Hawaii Finance Department O 25 Aupuni Street, Room 118 • Hilo, Hnwnii 96720 ~ W (808) 961-8234 Fax (808) 961-8248 _O ~n ~ October 21, 2003 z C ro r l w Honorable James Arakaki, Chairperson and -D Members of the County Council 3 Hawaii County Council E-~ - 25 Aupuni Street ~ ro " Hilo, Hawaii 96720 _ r-• Re: Local Law Enforcement Block Grant The approved FY2003-04 Operating Budget contains a Local Law Enforcement Block Grant (LLEBG) from the U.S. Department of Justice Office of Justice Programs which had been budgeted by the Hawaii County Police Department. Enclosed is the Police Department's notification of grant award form to the Council, pertaining to the LLEBG. Normally, the notification of grant award to the Council is not placed onto the Finance Committee agenda. However, the Police Department is requesting that this report be placed onto the agenda so that it can satisfy a grant requirement that a public hearing is held on the proposed use(s) of the grant funds. These funds will be used to purchase computers and electronic equipment to compliment the department's new Records Management System and to provide for specialized training for department personnel that would not ordinarily be available due to lack of local funding. Training needs being addressed include Domestic Preparedness/Counter Terrorism, advanced investigative techniques, critical response to school violence, and specialized training for drug/alcohol recognition. At that time, the Police Department will be glad to answer any questions the public or the Council members may have regarding this grant. If there are any questions, please do not hesitate to call the Police Department. William Takab Director of Finance A PROVED: C~ Harry Kim qo Mayor Comm. No. Ref. To: C! Enc. f!sf. Care ~ 2~ -.~03-- cc: Police Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Police DATE: October 21, 2003 STAFF CONTACT: Captain Paul Ferreira PHONE: 961-2265 A. REQUEST: To satisfy one of the requirements of the U.S. Department of Justice, Office of Justice Programs, Local Law Enforcement Block Grant Program, a public hearing must be held on the proposed uses of the grant funds. In order to meet this requirement we are requesting that the notification of the grant award be placed on the Council Agenda. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The approved FY2003-04 Operating Budget contains a Local Law Enforcement Block Grant (LLEBG) from the U.S. Department of Justice Office of Justice Programs which had been budgeted by the Hawaii County Police Department. Enclosed is the Police Department's notification of grant award form to the Council, pertaining to the LLEBG. These funds will be used to purchase computers and electronic equipment to compliment the department's new Records Management System and to provide for specialized training for department personnel that would not ordinarily be available due to lack of local funding. Training needs being addressed include Domestic Preparedness/Counter Terrorism, advanced investigative techniques, critical response to school violence, and specialized training for drug/alcohol recognition. SIGNED: DATE: ~ ~ 2~~3 Department Head OJNtY OF Ngw9 Harry Kim yW~; Lawrence K. Mahuna dfm•or ? ~ Palice Chief Harr S. Kubo'iri F OF NF' ~epun~ Police Chief County of Hawaii October 20, 2003 POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 . Fax (808)961-8869 TO JAMES Y. ARAKAKI, COUNCIL CHAIR AND COUNCIL MEMBERS VIA EAN ,CONTROLLER ~U~a FROM LA RENCE K. MAHUNA, POLICE CHIEF SUBJECT NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 03-91, Section 7(1) Name of Grant Program: Local Law Enforcement Block Grant U.S. Department of Justice Office of Justice Federal or State Grantor: Programs County Grantee Department/Agency: County Police Department Grant No.: 2003-LB-BX-0159 Amount of Grant: $77,988.00 Amount of County Match: $8,000.00 County Revenue & Expenditures Acct 010-201-5219.59 & 3302.19 Grant Period: October 1, 2002 -September 30, 2004 To purchase computers and electronic equipment to compliment the department's new Records Management System. For specialized Purpose of Grant: training for department personnel. If final report required by grantor? yes Notification Attached: yes ""s, U.S. Department of Justice Office of Justice Programs qJ Bureau ojJustice Assistance Office of the Director Washington, D. C. 10531 August l9, 2003 Mr. Kim Hawaii County Mayor, Hawaii County 25 Aupuni Street Mayor'S Office Hilo, HI 96720-4245 RE: Fiscal Year 2003 Local Law Enforcement Block Grants Program Dear Mr. Kim: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2003 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $77,988 for Hawaii County. 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 B1A's Programs Office at (202) S 14-6638. In addition, all financial questions regarding this award should be directed to the Office of [he Comptroller, Customer Service Division a[ (B00) 458-0786. I look forward [o a continuing partnership with Hawaii County in furtherance of this important criminal justice program. Sincerely yours, C. Camille Cain Acting Director Attachments U.S. Department of Justice s ~ r~. a Office of Justice Programs OJjice jor Ci vi! Rights Washington, D. C. 10531 August 19, 2003 Mr. Kim Hawaii County Mayor, Hawaii County 25 Aupuni Street Mayor'S Office Hilo, H[ 96720-4245 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is incompliance 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 lS, 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 [he U.S. Department of Justice, Office of ]ustice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C.20531. AJditiona( Instructions For Grmtlees Receiving 5500,000 Or More: I . In accordance with Assurance No. I5, each grantee that receives $500,000 or more (or $1,000,000 in an l8-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. t ~ 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 OCR within 60 days. PURSUANT 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 [N SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Beceiving $25,000 Or More, But Under SSOQ000: 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 [he attached Certification Form and return it to OCR within 60 days of the NOTE: ?f 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(you have already submitted an EEOP as pan of another award from the Office o(lustice Programs (O1P) or the Office o(Community Oriemed Policing Services (COPS) within this grant period, or if you have certified that na 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 /nstructions 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. l6. No Certification is required. Instructions for Al[ 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 [he prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OlP 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. z 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, Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst ~ The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 19W, 42 U.S.C. sec. 2000e. i ~ US-DEPARTMENT OF JUSTICE gyygRD - OFFICE OF JUSTICE PROGRAMS ' ~ ~ OJP ~ B]A ~ OI]DP ~ GRANT PAGE 1 OF 7 ~s~~_ ~ B1S ~ NIJ ~ OVC ~ COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX I. GRANTEE NAhIE AND ADDRESS (Including Zip Cade) 4. AWARD NUMBER: 2001-LB-BX-0159 Hawaii County '_i Aupuni Street i. PROJECT PERIOD. FROM IOlUIC002 TO 09I1012UW MayolS OIEce Hila, H196]20-a245 BUDGET PERIOD: FROM IOIOIR002 TO 09I70/200a IA. GRANTEE IRSNENDOR N0. 996000568 b. AWARD DATE 08/19/2001 ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including 2lp Codc) 8. SUPPLEMENT NllMBER ? Initial Supplememal 2A. SUBGRANTEE IRS/VENDOR NO. 9. PREVIOUS AWARD AMOUNT 50.00 J. PROJECT TITLE 10. AMOUNT OF THIS A W ARD 5]],988 FY 200) Local Law Enforcement Black Grams I1. TOTAL AWARD E]Z9AA 12. SPECIAL CONDITIONS (Check, i(applicable) ? THE ABOV E GRANT PRO]ECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH X ON THE ATTACHED6PAGE5 IJ. STATUTORY AUTHORITY FOR GRANT ? TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3]01, ET. SEQ., AS AMENDED ? TITLE2OF THE JUVENILE IDSTICE AND DELINQUENCY PREVENTION ACT OF IV]4 42 U.S.C. i601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-4]l. AS AMENDED OTHER (Specify): Fiscal Ywr 2002. Dcpanmcnts of Commerce, Jusic<, and Sute, Ne iudiciary, and Relamd Agencies Appropriations Act (Pub. L. No. IO]-]]) l4. 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 FlJNDS: N/A TYPE OF FUNDS: li. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIAALETTER OF CREDIT ~ YES ~ NO AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING O1P OFFICIAL I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL C Camille Cain Harty Kim Acting Dirccmr Hawaii County Mayor Bureau of ]usticc Assistance 17. SIGNAT/UR,AE OF~APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. LI8M l4 FISCAL FUND BUD. DIV. L102UOOI59 YEAR CODE ACT. OFC. REG. SUB. POMS X 8 LI SU OU OU OIP FORM 400012 (REV. iA)) PREVIOUS EDITIONS ARE OBSOLETE US DEPARTMENTOFfUSTICE AWARD CONTINUATION ~ ~ OFFICE OFIUSTICEPROGRAMS SHEET x J ~ OJP ~ BJA ~ O11DP a GRANT I PAGE 2 OF ] y v; P ? BJS ? NIJ ~ OVC ~ COOPERATIVE AGREEMENT ~ ~-S CHECK APPROPRIATE BOX PROJECT NUMBER: ?OU3-LB-BX-Oli9 AWARD DATE 0&/192001 ~ SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the curzent edition of the Office of Justice Programs (OJP) 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 OIP'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. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. 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 [he following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2003-LB-BX-OI59 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." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7. 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(x)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local govemment 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 govemment will establish procedures to give members of the Armed Forces who, on or after October I, 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 I02-464; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. I O1P FORM x0002 (REV. Stl]) PREVIOUS EDITIONS ARE OBSOLETE ~ ' ~-am, u.s DEPARTMENTaFll,~sncE AWARD CONTINUATION ~ OFFICE OF IUSTICE PROGRAMS ~HEET 't ~ ~ OfP ~ BJA ~ O11DP ~ GRANT PAGE 7 OF 7 'ti..,,..N r' ~ B15 ~ NU ~ OVC ~ COOPERATIVE AGREEMENT CHECK APPROPRIATE BOX PROTECT NUMBER. ?007-LB~BX-0159 AWARD DATE 08/19n00J SPECIAL CONDITIONS CONTINUED 8. 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. 9. The recipient agrees to submit the Request for Drawdown via the Intemet system within 90 calendar days from the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle. I0. 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. I I. The recipient agrees to provide and expend a I O percent cash match (calculated as I/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. 12. Local recipients are required to establish a trust Cvnd 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). I3. The recipient agrees to submit one final progress report via the Intemet system at the end of the 24 month obligation and expenditure period. 14. 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 I O I (a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report. OR FORM 400021REV. i8]) PREVIOUS EDITIONS ARE OBSOLETE a„~ U.S. DEPARTMENT OF IlISTICE AWARD CONTINUATION ~ OFFICE OF )USTICF. PROGRA4IS SHEET ' z ~ OIP ~ D1A ~ OJ10P ~ GRANT PAGE a OF 7 A~•~~ ? BJS ~ NIJ ~ OVC ? COOPERATIVE AGREEMENT .~yor.+i CHECK APPROPRIATE BOX PROJECT NUM1iBER: 200J-LB-B%-0Li9 AWARD DATE OA/19I]00J ~ SPECIAL CONDITIONS CONTINUED 15. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. 16. 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: I. 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 i 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. I 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 BIA in any preparation by B1A of a national or program environmental assessment of that funded program or activity. 17. 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 i OIP FORM a000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE rii6"+e US. DEPARTMENT OF fUSTICE gWpRD CONTINUATION f OFFICE OF JUSTICE PROGRAMS ~HEET 1~ j ~ OJP ~ BJA ~ OIJDP ~ GRANT PAGE 5 OF ] ~ B1S ~ NO ~ OVC ~ COOPERATIVE AGREEMENT 3 CHECK APPROPRIATE BOX PROTECT NUMBER: 2001-LB-Bx-0159 AWARD DATE Ob/IY/2001 SPECIAL CONDITIONS CONTINUED I8. 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 B1A, 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. 19. 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. 20. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2003, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-273), as of the date of this application. 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 Sneets 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. 21. 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. O1P FORM SOOOl2 (RE V. 58JI PREVIOUS EDITIONS ARE OBSOLETE ~ I c +vsx~n` U.S.DEPARTMENTOFIUSTICE gy~gRDCONTINUATION ~ T` OFFICE OF JUSTICE PROGRAMS SHEET I _ 3 O1P ~ BlA ~ O/1DP ~ GRANT PAGE 6 OF ] # a ? B1S ~ NIl ~ OVC ~ COOPERATIVE AGREEh1ENT CHECK APPROPRIATE BOX PROTECT NUMBER: 2007-LB-BX-0159 AWARD DATE OB119/?007 SPEC/AL CONOlTlONS CONTINUED 22 . Mitigation of Health, Safery, 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 referted to as the "Program", can result in adverse health, safety, and environmental impacts to (l) 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 Progmm, it will (I) 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. i 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 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; O1P FORM n000R (REV. S&]I PREVIOUS EDITIONS ARE OBSOLETE us DeraanlENTOFtusnce AWARD CONTINUATION ° ~I OFFICE OF JUSTICE PROGRAMS SHEET U t ~ OJP ~ B1A ~ OIIOP ~ GRANT PAGE 7 OF -'x,Rg' ~ BJS ~ NU ~ OVC `s, COOPERATIVE AGREEm ENT CHECK APPROPRIATE BOX PROJECT NUMBER 20UJ-LB-BX-0139 AWARD DATE US/19/2UU] i SPECIAL CONDlTLONS CONT/NU£D 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 envirottmental 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 oflustice Programs (OJP) 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 OJP 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 OJP can determine whether any additional environmental analyses need to be completed. O/P FORAd 6ltUU2 (REV. SN1) PREVIOUS EDITIONS ARE OBSOLETE