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Special Conditions - Miami City
You must click on the box underneath each condition AND click on the Accept button at the bottom of
the screen.
Local Jurisdiction & Zero County not in compliance w/PSOHB
1. 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. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval
of OJP.
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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 101(g) of H.R. 728, 104th Cong. (1995).
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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-0802 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.
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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
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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.
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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.
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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,
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13. Local recipients are required to establish a trust fund account. Thls 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).
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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.
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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
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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.
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
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State Information Technology Points of Contact, go to
http://www.ojp.usdoj.gov/ec/states.htm
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 B]A, 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 sheriff's 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 not 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). 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 B]A will not consider requests to adjust the reduced award amount.
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.
23. Mitigation of Health, Safety, and Environmental Risks
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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;
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Accept I Cancel l
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