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HomeMy WebLinkAboutawardU.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP LJ BJS x BJA OJJDP NIJ OVC CHECK APPROPRIATE BOX AWARD Lx.] GRANT COOPERATIVE AGREEMENT PAGE 1 OF 7 1. GRANTEE NAME AND ADDRESS (Including Zip Code) Miami City 3500 Pan American Drive Miami, FL 33133-5504 4 AWARD NUMBER; 2003-LB-BX-2564 5, PROJECT PERIOD: FROM 10/01/2002 TO 09/30/2004 BUDGET PERIOD: FROM 10/01/2002 TO 09/30/2004 7. ACTION ^ 1 Initial IJ Supplemental IA. GRANTEE IRS/VENDOR NO, 596000407 6, AWARD DATE 09/05/2003 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 2A. SUBGRANTEE IRS/VENDOR NO. 9, SUPPLEMENT NUMBER 9. PREVIOUS AWARD AMOUNT $0.00 3. PROJECT TITLE FY 2003 Local Law Enforcement Block Grants 10. AMOUNT OF THIS AWARD $1,303,933 l I. TOTAL AWARD $1,303,933 12. SPECIAL CONDITIONS (Check, if applicable) THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH LX- ON THE ATTACHED 6 PAGES 13. STATUTORY AUTHORITY FOR GRANT Li L1 TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED 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. 106I11, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. N. 107-77) 14, FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: AMOUNT OF FUNDS: THIRD YEAR'S BUDGET PERIOD: AMOUNT OF FUNDS: N/A N/A N/A TYPE OF FUNDS: NIA TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT __I 1.11111.. AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL C. Camille Cain Acting Director Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OJP OFFICIAL YES X NO GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Joe Arriolq City Manager 19, SIGNATURE OF AUTHORIZED GRANTEE 19A. DATE AGENCY USE ONLY 20, ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT, OFC. REG. SUB. POMS X B L[ 80 00 00 21, L18M14 L102U02664 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS PI OJP x BJA OJJDP rrl BJS L. J NIJ I OVC CHECK APPROPRIATE BOX 2003-LB-BX-2664 AWARD CONTINUATION SHEET GRANT COOPERATIVE AGREEMENT PAGE 2 OF 7 AWARD DATE 09/05/2003 SPECIAL CONDITIONS I. 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 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. 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 the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2003-LB-BX-2664 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(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; 10 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 OFFICE OF JUSTICE PROGRAMS air r BJS x 1 BJA I 1 OJJDP NIJ OVC CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-HX-2664 AWARD CONTINUATION SHEET GRANT x COOPERATIVE AGREEMENT AWARD DATE G9/05/2003 PAGE 3 OF 7 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 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. 10, 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. 11. 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. 12. 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). 13. The recipient agrees to submit one final progress report via the Internet 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 101(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. 15. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. OJP FORM 4000/2 (REV, 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP ] B3S x BJA OJJDP NIJ fl ovc CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-BX-2664 AWARD CONTINUATION SHEET GRANT COOPERATIVE AGREEMENT AWARD DATE 09105/2003 SPECIAL CONDITIONS CONTINUED PAGE 4 OF 7 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 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. 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.govlec/states.htm O3P FORM 4000/2 (REV. 557) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OJP BJS BJA NIJ L. L_ OJJDP ovc CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-3X-2664 AWARD CONTINUATION f SHEET -1 GRANT COOPERATIVE AGREEMENT AWARD DATE 09/05/2003 SPECIAL CONDITIONS CONTINUED PAGE 5 OF 7 18. 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. 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 not 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. Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the reduced award amount. 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. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS 1 OJP x BJA I OJJDP [J BIS NU l-_ OVC CHECK APPROPRIATE BOX PROJECT NUMBER; 2003-LB-BX-2664 AWARD CONTINUATION SHEET IxJ GRANT I COOPERATIVEAGREEMENT AWARD DATE 09/05/2003 SPECIAL CONDITIONS CONTINUED 22 . Mitigation of Health, Safety, and Environmental Risks PAGE 6 OF 7 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; OJP FORM 400012 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE PROJECT NUMBER, U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS oJr x BJA Cl o]IDP BJS n NIJ L J OVC CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET GRANT x COOPERATIVE AGREEMENT 2003-LB-BX-2664 AWARD DATE 09/05/2003 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 (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. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE