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R-05-10-13-10B2 - 10/13/2005 RESOLUTION NO. R-05-10-13-10132 WHEREAS, the U.S. Department of Justice, has grant funds available to cities for various law enforcement projects, and WHEREAS, the City Council wishes to enter into a Grant Agreement with the U.S. Department of Justice for Office of Justice Programs grant funds for the procurement of equipment, technology, and other material directly related to basic law enforcement functions, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Grant Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. . RESOLVED this 13th day of October, 2005 . WEL Mayor AT: City of Round Rock, Texas aAtL/�Ult CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51013B2.WPD/sc - Department of Justice Office of Justice Programs Bureau of Justice AssistanceGrant PAGE 1 OF 4 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER 2005-DJ-BX-1253 City of Round Rock 221 East Main Street Round Rods,TX 78664-3227 5.PROJECT PERIOD:FROM 10/0112004 TO 09/30/2008 BUDGET PERIOD:FROM 10/01/2004 TO 09/30/2008 6.AWARD DATE 09/09/2005 7.ACTION IA-GRANTEE 1RS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 746017486 00 9.PREVIOUS AWARD AMOUNT so 3.PROJECT TITLE Provide a$a&environment 10.AMOUNT OF THIS AWARD S 13241 pubes afaY program with the p a M�-9��'cost-efficient budgeted dn0agk the normal of process litems not currently 11.TOTAL AWARD budget process far FY 2004-05. $13,241 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 10"7;118 Stat 2862(Consolidated Appropriations Act,FY 2005) IS.METHOD OF PAYMENT PAPRS AGENCY APPROVAL -- GRANTEE ACCEPTANCE -_ 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S.Hemiz Jaaw Nuse Director,Bureau of Justice Assistance City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE 4-- AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. DJ05UO1604 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. PDMS AMOUNT X B DJ 80 00 00 13241 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 40M(REV.4-88) iEXHIBIT t VIA i Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 2 OF 4 Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 AWARD DATE 09/09/2005 SPECIAL CONDMONS I. The recipient agrees to comply with the financial and administrative requirements set fords in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of anY law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. Grantee agrees to comply with the requirements of 28 C.FR Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 6. Recipient agrees that funds provided under this award may not be used to operate a"pay-to-stay"program in any local jail.Recipient further agrees not to subaward funds to local jails which operate"pay-to-stay"programs. T. To support public safety and justice information sharing,OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas(extensions,constraint,proxy)generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 3 OF 4 Assistance Grant PROJECTNUMBER 2005-DJ-BX-1253 AWARD DATE 09/09/2005 SPECLlL CONDITIONS 8. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA)and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they aro being specifically funded with these grant fimds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: L New construction; b. Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,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. 9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act(NEPA) relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories[hereinafter,"meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs(OJP),in consultation with the Bureau of Justice Assistance,the Drug Enforcement Administration,and the Office for Community Oriented Policing Services,prepared a Program-level Environmental Assessment(Assessment)governing meth lab operations. The Assessment describes the adverse environmental, health,and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment,the following terms and conditions shall apply to the grantee for any OR finded meddab operations: A. The grantee shall ensure compliance by OR funded sub-grantees with federal,state,and local environmental, health,and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals, equipment,and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental,health,and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants:(See Part II of this special condition) OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 4 OF 4 Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 AWARD DATE 09!09/2005 SPECL4L CONDITIONS 10. 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 all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified dudes,equip the personnel with OSHA required protective wear and other required safetyequipment; 4. Assign properly Wined personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware,equipment,and contaminated materials and wastes from the site(s)of each seized laboratory; 6. Dispose of the chemicals,equipment,and contaminated materials and wastes at properly licensed disposal facilities or,when allowable,at properly licensed recycling facilities; 7. Monitor the transport,disposal,and recycling components of subparagraphs numbered 5.and 6.immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to(i)tidy evaluate the environmental condition at and around the site of a closed clandestine laboratory and(ii)coordinate with the responsible party,property owner, or others to ensure that any residual contamination is remediated,if determined necessary by the state environmental agency and in accordance with existing state and federal requirements;and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor,as defined by state law,at the site. This agreement must ensure immediate response by qualified personnel who can(i)respond to the potential health reeds of any minor at the site,(ii)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. It. The recipient shall submit to BJA one copy of all reports and proposed publications resulting from this agreement twenty(20)days prior to public release. Any written,visual,or audio publications,with the exception of press releases,whether published at the grantees or government's expense,shall contain the following statements: "This project was supported by Grant No.2005-DJ-BX-1253 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs,which also includes the Bureau of Justice Statistics,the National Institute of Justice,the Office of Juvenile Justice and Delinquency Prevention,and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United State Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing activities. 12. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant.Grant funds(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 120 days after the end of the grant period,along with the final submission of the Financial Status Report(SF-269). 13. The grantee agrees to comply with all reporting,data collection and evaluation requirements,as prescribed by the BJA in the program guidance for the Justice Assistance Chant(JAG). Compliance with these requirements will be monitored by BJA. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Wwh(nglon.D.C. 20531 Memorandum To: Official Grant File From: Steve Antkowiak,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Round Rock All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program(JAG)will carry the following NEPA special condition: 1)The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee.Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds.The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds.That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met.The activities covered by this special condition are: a.New construction; b.Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d.Implementation of a new program involving the use of chemicals other than chemicals that are(a) purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,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. DepartmentofJrog Office of Justice Programs ra GRANT MANAGER'S MEMORANDUM,PT.I: PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 PAGE 1 OF 1 This prof is supported under Public Law 108-447;118 Stat.2862(Consolidated Appropriations Act,FY 2005) 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Tim E.Jeffries Brenda Cmytor (202)616-7385 Analyst 615 E.Palm Valley Blvd Round Rock,TX 78664-3227 (512)218.6677 3a.TITLE OF THE PROGRAM Edward Byrne Justice Assistance Grant program 3b.POMS CODE(SEE INSTRUCTIONSON REVERSE) 4.TITLE OF PROJECT Provide a safe environment by promoting a high-quality,cost-efficient public safety program with the purchase of apical items not curred budgeted through the normal budget process for FY 2004-05. y 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Round Rock 221 East Main Street Round Rock,TX 78664-3227 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10101n004 TO: 09/302008 FROM: 10/012004 TO: 09/30!2008 9.AMOUNT OF AWARD 10.DATE OF AWARD $13,241 09/092005 11.SECOND YEAR'S BUDGET 12.SECOND YEARS BUDGET AMOUNT 13.TIIIRD YEAR'S BUDGET PERIOD 14.TIIIRRD YEARS BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states,tribes,and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions.Grant fins an be used for state and local initiatives, technimore che following assistance, training,pe el,egrtipment,supplies,conhackW support,and information systems for criminal justice for any one or 0�8 purpose areas:1)law enforcement programs;2)prosecution an court programs;3)prevention an education programs;4) corrections an community corrections programs;5)drug treatment programs;an 6)planning,evaluation,an technology improvement Programs OJP FORM 40002(REV.4-88) The City of Round Rock will use JAG funds to purchase a desktop computer for a swing-shift patrol sergeant,purchase of three laser speed- measuring devices to support traffic enforcement functions,and the purchase of seven multi-line telephones for the Communications Unit. NCA/NCF DATE: October 7, 2005 SUBJECT: City Council Meeting - October 13, 2005 ITEM: 10.B.2. Consider a resolution authorizing the Mayor to execute a grant agreement with the U.S. Department of Justice, Office of Justice Programs for a Justice Assistance Grant. Department: Police Department Staff Person: Bryan Williams, Police Chief Justification: Grant awards to the city must be signed by the City Mayor. Funding: Cost: $13,241.00 Source of funds: Grant #2005-DJ-BX-1253 Outside Resources: N/A Background Information: The Police Department this spring applied for funding with the Edward Byrne Justice Assistance Program. These funds will be used to purchase equipment for the department's patrol and dispatch functions. City Council approved the original application for these funds on March 24, 2005. Public Comment: None EXECUTED DOCUMENT FOLLOWS Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 September 9,2005 Mr.James Nuse City of Round Rock 221 East Main Street Round Rock,TX 78664-3227 Dear Mr.Nuse: On behalf of Attorney General Alberto Gonzales,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$13,241 for City of Round Rock. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Tim E.Jeffries,Program Manager at(202)616-7385;and - Financial Questions,the Office of the Comptroller,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.oc@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, 0•/4—`—' Domingo S.Herraiz Director,Bureau of Justice Assistance Enclosures - 01:-�7 -10 - /3 ./O�Z T Department of Justice Office of Justice Programs Office for Civil Rights Washingwn,D.C. 20531 September 9,2005 Mr.James Nuse City of Round Rock 221 East Main Street Round Rock,TX 78664-3227 Dear Mr.Nuse: Congratulations on your recent award In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,the Office on Violence Against Women(OV W),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department fimding. As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color,national origin,religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits fiuded programs or activities from discriminating on the basis of age in the delivery of services or benefits. In addition to these general prohibitions,your organization,which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968, 42 U.S.C.§3789d(c),must meet two additional requirements:(1)complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§42.205(5)or 31.202(5)). Complying with the EEOP Requirement In accordance with Federal regulations,and Assurance No.6 in the Standard Assurances,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an ESOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an ESOP,please consult OCR's website at httpJ/www.ojp.us&j.gov/ocr/. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have submit the EEOP to OCR for review. Instead,your organization has to maintain the EEOP on file and make it available for review on request. In addition,your organization has to complete Section B of the enclosed Certification Form and return it to OCR. If your organization received an award for less than$25,000;or if your organization has less than 50 employees, regardless of the amount of the award;or if your organization is a medical institution,educational institution, nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the enclosed Certification Form and return it to OCR. Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion, national origin,or sex,your organization must submit a copy of the finding to OCR for review. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with recent Department of Justice Guidance pertaining to Title VII of the Civil Rights Act of 1964, 42 U.S.C.§2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website www.lep.gov. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an ESOP,reporting Findings of Discrimination,and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination. Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general,the regulation,28 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prolubits faith-based organizations from using direct financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please see OCR's website at httpJ/www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment.These employment provisions have been specifically incorporated into 28 C.F.R.Part 38.1(f)and 38.2(f). Consequently,in many circumstances,it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at httpJ/www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at(202)307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 4 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2005-DI-BX-1253 City of Round Rock 221 East Main Street Round Rock,TX 78664-3227 5.PROJECT PERIOD:FROM 10/01/2004 TO 09/30/2008 BUDGET PERIOD:FROM 10/01/2004 TO 09/30/2008 6.AWARD DATE 09/09/2o05 7.ACTION IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 746017486 00 9.PREVIOUS AWARD AMOUNT $0 3.PROTECT TITLE Provide a safe environment by promoting a high-quality,cost-efficient 10.AMOUNT OF THIS AWARD $13,241 public safety program with the purchase of capital items not currently budgeted through the normal budget process for FY 2004-05. 11.TOTAL AWARD $13,241 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED ON THE ATTACHED PAGE(S). SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH 13.STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 108-447;118 Stat.2862(Consolidated Appropriations Act,FY 2005) 15.METHOD OF PAYMENT PAPRS AGENCY APPROVAL -_ GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S.Hermiz James Nuse Director,Bureau of lustice Assistance City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE ?AGEN SE ONL20.ACCOUNTING CLASSIFICATIONCODES 21. DJOSU01604 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS X B DJ 80 00 00 13241 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012(REV.4-88) i Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 2 OF 4 Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 AWARD DATE 09/09/2005 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(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity plan(ifrecipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,as finther described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent, 6. Recipient agrees that funds provided under this award may not be used to operate a"pay-to-stay"program in any local jail.Recipient fiuther agrees not to subaward funds to local jails which operate"pay-to-stay"programs. 7. To support public safety and justice information sharing,OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemes(extensions,constraint,proxy)generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gixdnL OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 3 OF 4 Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 AWARD DATE 09/09/2005 SPECIAL CONDITIONS 8. The grantee agrees to assist BJA in complying with the National Environmental policy Act(NEPA)and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,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. 9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act(NEPA) relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories[hereinafter,"meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs(OJP),in consultation with the Bureau of Justice Assistance,the Drug Enforcement Administration,and the Office for Community Oriented Policing Services,prepared a Program-level Environmental Assessment(Assessment)governing meth lab operations. The Assessment describes the adverse environmental, health,and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment,the following terms and conditions shall apply to the grantee for any OJP funded methlab operations: A. The grantee shall ensure compliance by OJP funded sub-grantees with federal,state,and local environmental, health,and safety laws and regulations applicable to meth lab operations,to include the disposal of the chemicals, equipment,and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental,health,and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants:(See Part II of this special condition) OJP FORM 4000/2(REV.4-88) i Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 4 OF 4 Assistance Grant PROJECT NUMBER 2005-DJ-BX-1253 AWARD DATE 09/09/2005 SPECIAL CONDITIONS 10. L Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration(OSHA)required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties,equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware,equipment,and contaminated materials and wastes from the site(s)of each seized laboratory; 6. Dispose of the chemicals,equipment,and contaminated materials and wastes at properly licensed disposal facilities or,when allowable,at properly licensed recycling facilities; 7. Monitor the transport,disposal,and recycling components of subparagraphs graphs numbered 5.and 6.immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to(i)timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and(ii)coordinate with the responsible party,property owner, or others to ensure that any residual contamination is remediated,if determined necessary by the state environmental agency and in accordance with existing state and federal requirements;and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor,as defined by state law,at the site. This agreement must ensure immediate response by qualified personnel who can(i)respond to the potential health needs of any minor at the site;(ii)take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations;(iii)ensure immediate medical testing for methamphetamine toxicity;and(iv)arrange for any follow-up medical tests,examinations,or health care made necessary as a result of methamphetamine toxicity. 11. The recipient shall submit to BJA one copy of all reports and proposed publications resulting from this agreement twenty(20)days prior to public release. Any written,visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's expense,shall contain the following statements: "This project was supported by Grant No.2005-DJ-BX-1253 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of iustice Programs,which also includes the Bureau of Justice Statistics,the National Lustitute of Justice,the Office of Juvenile Justice and Delinquency Prevention,and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United State Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing activities. 12. The recipient is required to establish a trust fund account.(The trust fund may or may not be aninterest-bearing account)The fund may not be used to pay debts in by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant.Grant funds(including any interest eared) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 120 days after the end of the grant period,along with the final submission of the Financial Status Report(SF-269). 13. The grantee agrees to comply with all reporting,data collection and evaluation requirements,as prescribed by the BJA in the program guidance for the Justice Assistance Grant(JAG). Compliance with these requirements will be monitored by BJA. I OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 20511 Memorandum To: Official Grant File From: Steve Antkowiak,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Round Rock All grants funded under the Edward Byme Memorial Justice Assistance Grant Program(JAG)will carry the following NEPA special condition: 1)The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee.Accordingly,prior to obligating grant funds,the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds.The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds.That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met.The activities covered by this special condition are: a.New construction; b.Minor renovation or remodeling of a property either(a)listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size;and, d.Implementation of a new program involving the use of chemicals other than chemicals that are(a) purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,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. Department ofJrogra GRANT MANAGER'S MEMORANDUM,PT.I: Office ofJrrstict Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER 2 00-DJ-BX-1253 PAGE 1 OF 1 This project is supported under Public Law 108-447;118 Stat.2862(Consolidated Appropriations Act,FY 2005) 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR (Name,address&telephone number) Tim E.Jeffries (202)616-7385 BrendastCraytor Analy 615 E.Palm Valley Blvd Round Rock,TX 78664-3227 (512)218-6677 3a.TITLE OF THE PROGRAM Edward B 3b.POMS CODE(SEE INSTRUCTIONS ymc Justice Assistance Grant Program ON REVERSE) 4.TITLE OF PROJECT Provide a safe environment by promoting a high-quality,cost-efficient public safety program with the budgeted through the normal budget process for FY 2004-05. > of capital items not currently 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City ofRound Rock 221 East Main Street Round Rock,TX 78664-3227 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2004 TO: 09/30/2008 FROM: 10/01/2004 TO: 09/30/2008 9.AMOUNT OF AWARD 10.DATE OF AWARD $13,241 09/09/2005 11.SECOND YEARS BUDGET 12.SECOND YEARS BUDGET AMOUNT 13.THIRD YEARS BUDGET PERIOD 14.THIRD YEARSUD BGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states,tribes,and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions.Grant funds can be used for state and local initiatives, technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice for any one or more of the following purpose areas:1)law enforcement programs,2)prosecution and court programs;3)prevention a�tducatioa programs 4) corrections and community corrections programs;5)dg treatment programs;and 6)planning,evaluation,and technology improvement programs. OJP FORM 4000/2(REV.4-88) —_ The City of Round Rock will use JAG fiords to purchase a desktop computer for a swing-shift Patrol sergeant,purchase of three laser speed- measuring devices to support traffic enforcement fimctions,and the purchase of seven multi-line telephones for the Communications Unit. NCA/NCF I