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HomeMy WebLinkAbout16 - Justice Assistance GrantCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 October 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 949 644 3701, jklein @nbpd.org Craig Fox, Lieutenant, 949 -644 -3710, cfox @nbpd.org SUBJECT: JUSTICE ASSISTANCE GRANT RECOMMENDATION: Receive public comments and accept funding for the Crime Prevention Program under the provisions of the United States Department of Justice, Justice Assistance Grant 2007 -DJ -BX -0523. DISCUSSION: In 1996, with the approval of the City Council, the Police Department applied for a grant to establish the position of Crime Prevention Specialist. The grant was part of a Federal program directed at local law enforcement. The Local Law Enforcement Block Grant (LLEBG) Program targeted several areas, including crime prevention. As a result of that grant being awarded to the City of Newport Beach, a Crime Prevention Specialist position was established. Every year since 1996, the Police Department has continued to receive funding, at continuing smaller amounts, for the Crime Prevention position from the LLEBG. The Police Department assumes greater financial responsibility for the position with each new budget year. In 2005, the LLEBG Program was discontinued. Several grant programs, including LLEBG, were then combined into a new Federal grant called the Justice Assistance Grant (JAG). A requirement of the JAG is for all law enforcement agencies in Orange County to apply together in one application. The Federal Department of Justice has established the monetary amount for each agency, based on prior grants received by each agency. The portion of this grant designated to Newport Beach, which is $6,403, will continue to provide limited support for the Crime Prevention position as well as the multi- agency task force assigned to clean up methamphetamine labs Countywide. Justice Assistance Grant October 23, 2007 Page 2 The Crime Prevention Program has successfully met or exceeded the goals set for it at its inception. The scope and activity level of the Program has expanded and now includes a part -time Crime Prevention Specialist in addition to the full -time position. The Program has been well received by the public, and I am satisfied with the progress of the Program to date. Administrative requirements of the Federal process mandate that the grant be presented for public comment prior to the expenditure of funds. This requirement will be satisfied by inclusion of this recommendation as a City Council Agenda Item, thereby allowing the opportunity for public input on the planned expenditure. Prepared by: Craig Fox, y6utenant Executive icer Attachment: Agreement to Transfer Funds Submitted by: Q,I=L /Uu� Joo Klein C IEF OF POLICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS AGREEMENT is entered into this day of October 2007, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a municipal corporation, hereinafter referred to as I " SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff - Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of eighteen units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant"). WHEREAS, the purpose of the grant is to supplement the resources available to the multi agency Orange County Pro- Active Methamphetamine Laboratory Investigative Team (PROACT), and to various programs designated to prevent and control crime within the County of Orange that are operated by individual agencies included in the above - referenced eighteen units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds he transferred to SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to I reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all I >henff 2007 Pagel of 5 2 3 4 5 required information and documentation, as set forth in Attachment B hereto ( "How to Apply for JAG' Grant Reimbursements "), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto ( "JAG Program Allocation "), which is attached hereto and incorporated herein by reference. 6 2. SUB- GRANTEE shall be reimbursed with said grant funds only for expenditures i 7 necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter 8 called "grant property and equipment "] or to perform such other grant functions, if any, for which 9 Attachment A specifies that SUBGRANTEE may utilize grant funds. 10 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment 11 only for grant purposes in accordance with Attachment A hereto. 12 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and 13 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant 14 property and equipment as are necessary,. in order to keep said grant property and equipment 15 continually in good working order. 16 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it 17 only in accordance with the instructions of COUNTY or the agency from which COUNTY received the 18 grant funds. 19 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and 20 information in accordance with requirements set out in Attachment D (`Edward Byrne Memorial Justice 21 Assistance Grant Reporting Requirements "), which is attached hereto and incorporated herein by 22 reference. 23 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are 24 attached hereto as Attachment E and incorporated herein by reference. 25 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully 26 11bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. 27 11 SUBGRANTEE shall notify COUNTY immediately upon. discovery that it has not abided or no longer 28 11 will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. Sheriff 2007 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment I I hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, fine or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E. hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or 'off the premises of SUBGRANTEE, upon request, during usual working hours. 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. Shwiff2007 Page 3 of 5 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. H H H H H H H H H H H H H H H H H H H Sheriff 2007 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: L —,2007 APPROVED AS TO FORM: COUNTY jCOUN�jSEL /J By / L e& �' /� �/d`-r --- Nicole Sims, Deputy DATED: '/7 2007 DATED: . 2007 ATTEST: City Clerk DATED: sheriff 2007 2007 a LM SUBGRANTEE Page 5 of 5 ATTACHMENT A Edward Byrne Memorial Justice Assistance Grant GMS Award No. 2207 -DJ -BX -0523 General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes eighteen units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the purpose areas outlined in the grant solicitation. The eighteen units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support and information systems for criminal justice within the following purpose areas: law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, and planning, evaluation and technology improvement. The expenditure details of the funds for each city are outlined in the following narrative. Multi- Agency Funding: In a collaborative effort to benefit the County of Orange, the eighteen units of local government involved in this grant application have agreed to utilize $377,380.75 (47.5 %) of the total funding to supplement the Orange County Pro - Active Methamphetamine Laboratory Investigative Team, hereafter referred to as PAOACT. Problem Statement: Methamphetamine is now widely recognized throughout the United States as one of the most destructive illegal drugs ever known. The impact of manufacturing, trafficking, and use of methamphetamine has been devastating to many cities and rural counties throughout the country. More than' any other controlled substance, methamphetamine trafficking endangers children through exposure to drug abuse, neglect, physical and sexual abuse, toxic chemicals, hazardous waste, fire, and explosions. State and local law enforcement agencies identify methamphetamine as the drug that most contributes to violent crime. In a recent survey conducted by the National Association of Counties, the nation's sheriffs' departments reported that methamphetamine use has contributed significantly to a rise in identity theft related crime. Methamphetamine found in the United States originates from two general sources, controlled by two distinct groups. Most of the methamphetamine in the United States is produced by Mexico - based and California -based Mexican drug trafficking organizations. These drug trafficking organizations control "super labs" and produce the majority of, methamphetamine available throughout the United States. According to the U.S. Department of Justice National Drug Intelligence Center 2007 Drug Threat Assessment report, many of the laboratories that are 2007 -DJ -BX -0523 Page 1 of 19 ATTACHMENT A primarily operated by Mexican criminal groups, particularly in California, have had to adapt in an attempt to decrease the risk of detection from sustained, intense law enforcement pressure. Mexican criminal organizations control most mid -level and retail methamphetamine distribution in the Pacific, Southwest, and West Central regions of the United States, particularly California. Mexican midlevel distributors sometimes supply methamphetamine to outlaw motorcycle groups and Hispanic gangs for retail distribution throughout the region. The state of California is plagued with hundreds of clandestine laboratories that manufacture methamphetamine. As a result of its close proximity to Mexico, California remains the primary source for methamphetamine production and trafficking The Orange County area is one of the primary distribution hubs utilized by Mexican drug trafficking organizations to ship methamphetamine to other parts of the United States. The second source for methamphetamine comes from small toxic labs, which supplement the supply of methamphetamine in the United States. Methamphetamine and clandestine laboratories within the urban areas of Orange County have a devastating impact on both society and law enforcement. Methamphetamine labs can be set up virtually anywhere and are often found in private residences, motel and hotel rooms, apartments, trailers, and commercial establishments. Methamphetamine itself presents a significant problem to the County of Orange. Methamphetamine was the number one drug investigated by local, state and federal law enforcement agencies in 2006. Methamphetamine critical incidents in Orange County as reported by law enforcement agencies to the Los Angeles Clearinghouse increased approximately 43.5% from 925 incidents in 2005 to 1,327 in 2006. These critical incidents reflect the type of law enforcement activity that agencies, both within Orange County and agencies from other counties (local, state, and federal), conducted in Orange County. These incidents include buy/bust operations, knock & talks, search warrants, etc. The PROACT Task Force is a collaborative effort involving the Orange County Sheriff's Department, local law enforcement agencies throughout the County of Orange, the District Attorney's office, Orange County Probation, and the California Department of Justice (Bureau of Narcotic Enforcement). PROACT will enhance the existing efforts of the Bureau of Narcotic Enforcement's (BNE) Clandestine Laboratory Program with interdiction and eradication of all methamphetamine labs. The eradication of methamphetamine labs can range from the small "stove top" labs to the large "super labs" capable of multi -pound quantities of finished product. Methamphetamine continues to take a terrible toll on this County. To combat this poison, the PROACT Task Force is attacking methamphetamine on all fronts. Enforcement efforts are focused not only on the methamphetamine production and trafficking organizations distributing this drug, but also on those involved in providing the precursor and essential chemicals necessary to manufacture this poison. The PROACT Task Force is well aware of the importance of controlling the chemical flow necessary to produce methamphetamine. The task force is working with local suppliers to mitigate and control the flow of these chemicals to methamphetamine lab operators. Goal: 2007 -DJ -BX -0523 Page 2 of 19 ATTACHMENT A The goal of the PROACT Task Force is to pro - actively seek out and eradicate all methamphetamine labs and methamphetamine in Orange County, thus providing a safer community for the residents, employees and visitors within the County. Obiectives: 1. Utilize the Bureau of Narcotic Enforcement Automated Precursor Compliance System, as well as other local, state, and federal sources of illicit clandestine laboratory intelligence sources to identify methamphetamine laboratory manufacturers in the County of Orange. 2. Pro - actively target, investigate and arrest methamphetamine users, laboratory operators, traffickers, and chemical suppliers in the County of Orange. 3. Actively pursue the successful prosecution of those individuals arrested for the manufacturing and distribution of methamphetamine. 4. Utilize the Drug Endangered Children (DEC) program when children are found at a lab site or when children are being directly exposed to direct or indirect drug usage. 5. Network with existing BNE mandated Orange County clandestine laboratory program personnel, and work cooperatively with all law enforcement agencies in Orange County to provide a ready resource for police assistance in mitigating actual and perceived threats to individual jurisdictions presented by methamphetamine laboratories. Ouanp:&ble Performance Measures: The success of the PROACT will be based on the following statistics: • Total number of drug arrests • Total number of methamphetamine related arrests • Total methamphetamine related investigations • Total methamphetamine related search warrants • Total number of Clandestine Laboratory Incidents, including precursors and essential chemicals • Total number of weapons seized • Total number of Drug Endangered Children cases Funding: TOTAL PROACT ALLOCATION: $377,380.75 TOTAL ADMINISTRATION FEE: $11,932.49 TOTAL CITY DISTRIBUTION: $406,185,77 TOTAL JAG FUNDING: $795,499.00 2007 -DJ -BX -0523 Page 3 of 19 ATTACHMENT A County of Orange: The County of Orange proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The Orange County Sheriff's Department deploys over 12 specially trained canine teams to work a wide variety of assignments. Consistent training of police canines is essential to the success of any canine team. Currently sheriff's canine units train in a shared training space with the Sheriff's equestrian unit. The area does not have secure fencing to confine the dogs during training, and coordinating training schedules with two separate units utilizing the same area proves difficult. A future goal for the Orange County Sheriff's Canine Unit is to facilitate development of a standardized regional training facility with the participation of canine units from other Orange County public safety agencies. Goal: To provide a secure training field for the Sheriff's canine unit, separate from that of the equestrian unit. Provide varied training environments to promote the further development of the canine's skill -set as it directly relates to law enforcement tasks. To foster interagency cooperation and communication through collaborative regional training sessions. Obiectives: The goals will be achieved by utilizing the JAG funds to accomplish the following: • Enclose, with secure fencing an area designated to canine training. •. Provide full access 24 hours a day, seven days a week to the canine training facility to facilitate training that will more closely emulate varied environments encountered on- duty. • Erect "blinds" to conceal canine agitators during training scenarios. • Arrange obstacles as well as other training devices previously procured but currently in storage in such a way as to maximize training for the canine teams. • Consistent training will enable the handlers to elicit desired behaviors in their canine partners and therefore more accurately predict their behavior in the field. Ouantifiable Performance Measures: • Increase training time efficiency with respect to scheduling training sessions. • Track canine performance based on different variables including environmental influences such as weather, time of day training occurs, traffic patterns, etc. • Host regional training sessions with neighboring agencies to share information and tactics used in the field. Fundine: Total Allocation: $25,222 PROACT Allocation: $12,232.67 Administrative Fee (1.5 %): $378.33 Funds Retained by Agency: $12,611.00 2007 -DJ -BX -0523 Page 4 of 19 ATTACHMENT A Anaheim City: The City of Anaheim proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: SWAT officers work in extremely high -risk and dangerous situations where suspects often shoot at the officers with varying types of firearms. Due to the unpredictability of these situations, SWAT officers need specialized protection against gunfire. Goal: To ensure the safety of SWAT officers by providing them with proper protective gear and equipment. Obiectives: Approximately 25 Level IIIA type ballistic vests will be purchased and distributed to SWAT officers. Ouandflable Performance Measures: Approximately 25.ballistic vests will be purchased by the grant's end date. Funding: Total Allocation: $158,390.00 PROACT Contribution: $76,819.15 Administrative Fee (1.5 %): $2,375.85 Funds Retained by City: $79,195.00 Buena Park City: The City of Buena Park proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The Police Department currently has a patrol staff of 38 sworn officers. Due to the budget constraints, this number is down from 39 as of July 2004. Additional budget constraints a few years ago reduced the number of Community Service Aides (CSA — Pont Counter Personnel) from 13 to 10. This reduction has resulted in field officers handling more reports in the field and at the front counter. Due to this reduction, field officers are spending less time conducting primary patrol duties, which serves and protects the population of Buena Park. In order to return the current sworn staff to regular patrol duties, civilian report takers continuously need to be hired to assist in the everyday operations of report taking. This will continue to allow our patrol officers to protect property, and to ensure the safety of the residents, business community, and visitors alike. 2007 -DJ -BX -0523 Page 5 of 19 I:Vw1R�M�I��YlI:1 Goal: To ensure the safety of the officers tasked with providing law enforcement services to our city, and to ensure the community receives law enforcement services in a timely manner. Obiectives: The objective is to maintain a full staff of civilian report writers to assist with the everyday tasks of reporting non - violent crimes. This will allow field officers to focus more on the front -line of protecting our population, and to reduce response time to calls for service. Quantifiable Performance Measures: We intend to measure our performance by analyzing our response times to calls for service. It is our intention to provide response to emergency calls within five minutes, and response to non- emergency calls within fifteen minutes of the receipt of the call. Once we hire and maintain a full staff of civilian report writers, we will be able to examine data to determine whether this expansion of personnel is assisting us in obtaining that goal. Funding: Total Allocation: $33,665.00 PROACT Contribution: $16,327.53 Administrative Fee (1.5 %): $504.98 Funds Retained by City: $16,832.50 Costa Mesa City: The City of Costa Mesa proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: Detectives currently deploy in the field a significant part of their time for the purposes of proactive surveillance for in- progress crimes and monitoring the movements of suspected violent criminals. Presently, detectives communicate among themselves and with other field personnel, such as patrol officers, via handheld 800 MHz radios. The battery life of the handheld radio is limited and often will go dead part way through a lengthy surveillance. Further, the signal of the handheld radios are often not as strong as the 80 MHz radios hardwired into vehicles. To avoid the potentially dangerous loss of communications of the handheld radios, the Costa Mesa Police Department will utilize these funds to acquire three 800 MHz radios to be hardwired installed in three detective vehicles and covert style antennas, providing unlimited battery power and strong signals to sustain clear and vital communications. Goal: To ensure proper and safe communications is sustained throughout lengthy surveillances by equipping three detective vehicles with 800 MHz radios permanently installed into the vehicles, including three covert style antennas. 2007 -DJ -$X -0523 Page 6 of 19 ATTACHMENT A Obiectives: To requisition for the purchase of the three radios within one month of receiving these funds. To install the radios within three months of acquisition the radios. Quantifiable Performance Measures: The performance of these objectives will be measured by timelines as stated under "Objectives" above: first, for the acquisition and second, for the installation the radios to achieve a level of full operability of the three radios in detective vehicles. Funding: Total Allocation: $31,714.00 PROACT Contribution: $15,381.29 Administrative Fee (15 %): $475.71 Funds Retained by City: $15,857.00 Fullerton City: The City Fullerton proposes to use the 2007 Justice Assistance Grant funding as.follows: Problem Statement: The Fullerton Police Department has been approved to increase its number of sworn officers in order to deal with a downtown entertainment district that has grown dramatically. In order to properly equip these officers PAC sets are needed to provide radio contact with the Dispatch Center. During critical incidents such as traffic fatalities and homicides, the department has no way of keeping the scene out of public view. For the consideration of the public and the families of those involved in these incidents, the department intends to obtain a privacy screen that would block the scene from public view. Goal. Obtain three PAC sets and a privacy screen system. Obiectives: Provide three PAC sets for use by the Patrol Division. Obtain a privacy screen system that would assist crime scene management issues. Quantifiable Performance Measures: Add three PAC sets and a privacy screen system for the use of the department. Funding: Total Allocation: $40,582.00 PROACT Contribution: $19,682.27 Administrative Fee (15 %): $608.73 Funds Retained by City: $20,291.00 2007 -DJ -BX -0523 Page 7 of 19 ATTACHMENT A Garden Grove City: The City of Garden Grove proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. The Garden Grove Police Department has one of the lowest number of officers per capita of any city its size in California. This problem will only get worse as the City's population continues to increase. Unfortunately, Garden Grove's current financial condition prohibits the Department from hiring additional personnel. The Department to fulfill its ever increasing demand for officers, must develop alternative solutions to increase officer time in the field without hiring additional Personnel Goal: Create operational efficiencies in Patrol that would generate the equivalent productive hours of up to five additional Police Officers that could be used to augment patrol operations. Obiectives: Contracting out jail services will allow the Police Department to concentrate much more of its efforts on community safety instead of expending energy and resources on jail operations. The jail contract will allow sworn police officers to process arrestees and return to their field duties in as little as 15 minutes. This in turn will increase their availability to handle additional calls for service. Ouantifiable Performance Measures: The hours saved will be calculated by multiplying the number of arrestees processed in the jail, and multiplying that by the average time saved by officers not having to process and transport the prisoner themselves. Funding: Total Allocation: $75,736.00 PROACT Contribution: $36,731.96 Administrative Fee (1.5 %): $1,136.04 Funds Retained by City: $37,868.00 Huntington Beach City: The City of Huntington Beach proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. We currently lack the ability to record evidence through the use of an in -car video & audio system. 2007 -DJ -BX -0523 Page 8 of 19 ATTACHMENT A Goal: To provide enhanced ability to gather both video & audio evidence of criminal activity. Obiectives: To provide a small pilot program that will be used to evaluate a viable in -car camera system. Quantifiable Performance Measures: Several patrol vehicles outfitted with in -car video system successfully provide field officers the ability to record both audio & video evidence. Funding: Total Allocation: $46,045 PROACT Allocation: $22,331.83 Administrative Fee (1.5 %): $690.68 Funds Retained by City: $23,02250 La Habra City: The City of La Habra proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. The La Habra Police Department's website currently does not possess the technology and software necessary for victims to make "cold" crime reports via the internet. Goal: To enhance customer service, the La Habra Police Department will expand their website's technological capabilities so that victims can make "cold" crime reports via the internet. Obiectives: Purchase the software program to upgrade the department's internet capability. Install the computer software program into the computer to upgrade the department's internet capability to make "cold" crime reports via the internet. Quantifiable Performance Measures: Record the number of crime reports made via the internet each year. Funding: Allocation: $22,242.00 PROACT Contribution: $10,787.37 Administrative Fee (1.5 %): $333.63 Funds Retained by City: $11,121.00 2007 -DJ -BX -0523 Page 9 of 19 ATTACHMENT A Newport Beach City: The City of Newport Beach proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: Many residents and visitors within the City of Newport Beach have been victims of property crimes. Due to the high value of the homes, automobiles and property, which is often left in plain sight, the city has been targeted by criminals and criminal organizations. Many residents and visitors feel a sense of security while in Newport Beach, which can lead to opportunities for them to be victimized. While Newport Beach is a safe community, steps can be taken to minimize the opportunities for criminals to victimize the public. Crime prevention efforts can provide the community the information needed to better secure homes, automobiles and property, making it more difficult for criminals to carry out their illegal acts. Goal: The goal of the program is to maintain a highly visible program dedicated to 1) Preventing crime, 2) Disseminating correct and realistic information about criminal activity and crime prevention, and 3) Enhancing the perception of security within the community. Objectives: Conduct Neighborhood Watch meetings, crime prevention meetings and the distribution of community crime alert bulletins to keep the community informed of current crime trends in an effort to better prepare the community to take crime prevention measures. Ouantifiable Performance Measures Conduct six Neighborhood Watch meetings, six Crime Prevention meetings and three Community Crime Alert distributions. Funding: Total Allocation: $12,806.00 PROACT Contribution: $6,210.91 Administrative Fee (1.5 %): $192.09 Funds Retained by City: $6,403.00 Orange City: The City of Orange proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The City of Orange Police Department Traffic Bureau transitioned away from Kawasaki motorcycles several years ago in favor of the much safer and technologically advanced BMW Police Motorcycle. However, the City retained two Kawasaki Police Motorcycles to use as trainers for new motor officers and for ongoing training. The only alternative was to purchase a 2007 -DJ -BX -0523 Page 10 of 19 ATTACHMENT A BMW Police Motorcycle or use an officer's assigned motorcycle for training purposes. The mere nature of the training environment is extremely tough on the motorcycles as they are often dropped or involved in low -speed crashes during training scenarios. This fact made it unreasonable to obtain and use a BMW Police Motorcycle for.training purposes, as it could not withstand the rigors of training without significant maintenance costs. After over a decade of use, the Kawasaki trainers are in very poor condition and unsafe to ride. Furthermore, the Kawasaki trainers are completely different machines than those the officers utilize on a daily basis for enforcement riding and are no longer available. They do not provide a training environment similar to the environment in which the officers ride and work every day. Effective training mimics real -life conditions. The design and characteristics of the Kawasaki trainers only remotely mimic the BMW in a sense that they are both motorcycles. The CHP recognized this fact and has now adopted the use of an alternative BMW motorcycle that is specially equipped for use at their Motor Academy. Their research now makes it feasible for the Orange Police Department to utilize the same motorcycle without the fear of exorbitant maintenance costs. Goal: To provide a tool on which motor officers can train and maintain perishable skills that closely mimics that which they use in their daily enforcement activities. Obiectives: 1. Obtain one BMW trainer motorcycle that is designed to handle to rigors of training exercises and that mimics the motorcycle on which the officers work. 2. Provide a safer and more realistic training environment and teaching aid for Police Motor Officers. Quantifiable Performance Measures: 1. Quarterly rider training on a motorcycle similar to that used in daily enforcement activities. 2. Reduction in the time needed to train newly assigned motor officers due to an easier and more seamless transition to an enforcement motorcycle. Funding. Total Allocation: $25,754.00 PROACT Contribution: $12,490.69 Administrative Fee (1.5 %). $38631 Funds Retained by City: $12,877.00 Placentia City: The City of Placentia proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The Placentia Police Department has been faced with a burgeoning criminal street gang problem that has seriously impacted the quality of life for those individuals that live and/or work in any one of the three affected gang areas. The City of Placentia has unfortunately been ranked in the 2007 -DJ -BX -0523 Page 11 of 19 ATTACHMENT A top three communities in the county for gang related violence and street crime, gang related homicides and gang related prosecutions by the Orange County District Attorney's Office. The Department must develop alternative solutions to increase officer time in the field addressing issues specific to gang enforcement without being drawn off to handle the ever increasing demands placed on officers working regular patrol shifts. Goal: To create efficient methods that would combine patrol and detective personnel in generating field interview cards (FI's) of suspected or verified gang members equivalent to 10% of the 2006 calendar year gang FI total. Obiectives: The goal will be accomplished by scheduling patrol and detective overtime equal to ten 10 hour shifts to be worked by two officer patrol cars. This will enable officers to exclusively make contact and FI 60 gang members in the three identified gang areas in Placentia. Ouantifiable Performance Measures: The total number of gang FI's in the calendar year 2006 was 594 and 10% of that amount would be approximately 60 FI's. During the identified ten 10 hour shifts the officers / detectives will complete at least 60 FI's on gang members Placentia gang neighborhoods as well as gang members from outside the city of Placentia. Funding., Total Allocation: $13,480.00 PROACT Contribution: $6,537.80 Administrative Fee (15 %): $202.20 Funds Retained by City: $6,740.00 Santa Ana City: The City of Santa Ana proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: On November 27, 2005, the Santa Ana Police Department created the Stake Force. The Strike Force is a 10 man full -time SWAT detail, the first of its kind in Orange County. The team, under the direction of the Special Investigations Division commander, is tasked with providing professional tactical support for all high -risk incidents occurring throughout the city. This requires them to train a minimum of 25% of their total duty time. The team works violent crime suppression during the remainder of their duty time, targeting the most violent criminals. Since their inception, the unit has recorded some impressive enforcement statistics: ■ 1,167 total arrests; 678. or 58% of those arrests were for felonies • Seized 70 weapons; 58 of those were firearms ■ Seized approximately 94 lbs. of narcotics 2007 -D7 -BX -0523 Page 12 of 19 ATTACHMENT A • Completed 2,042 field interrogation cards • Doctunented 171 gang members • Wrote 168 citations • Sent 193 parolees back to state prison • Arrested 87 suspects in rolling stolen vehicles • Arrested 8 suspects for murder. Goal: To target and apprehend the most violent offenders and reduce the number of gang related crimes. Obiectives: The goal will be accomplished through increased suppression efforts, utilizing crime pattern and trend information provided by the Crime Analysis Unit to target violent offenders and gang related crimes. The funds will be allocated for additional overtime expenditures associated with the increased suppression efforts by the Strike Force team. Ouantifiable Performance Measures: Strike Force detectives will continue to keep statistics on the following: • Number and type of arrests • Number of field interrogation cards completed • Number of gang members documented • Number of citations written • Number and type of weapons seized • Number and type of drugs seized Funding: Total Allocation: $194,786.00 PROACT Contribution: $94,471.21 Administrative Fee (1.5 %): $2,921.79 Funds Retained by City: $97,393.00 Stanton City: The City of Stanton proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. There are several active criminal street gangs in the City of Stanton. The criminal activities of the gangs impact the quality of life for the individuals who live and work in the City of Stanton. According to case statistics, many of the crimes committed within the city are gang and or drug related. The city experiences about 500 traffic accidents every year, many of which involve bicyclists being ridden by children. The City of Stanton intends to use their JAG funds for the costs associated with overtime to enable sworn and civilian staff to conduct educational 2007 -DJ -BX -0523 Page 13 of 19 ATTACHMENT A awareness instruction to the preschools, and grades K -12 within the city in an effort to thwart the cycle of drug and gang involvement and to reduce child bicycle traffic accidents. Goal: The goal for the City of Stanton is to educate the school age children with the knowledge and information necessary to deter involvement in drug and gang activities and to reduce child bicycle traffic accidents. Oblectives: Deputies assigned to the City of Stanton will conduct preventative interactive in -class presentations in the schools. Focus will be placed on three areas of concern: 1. Personal safety - curriculum content will be similar to that of "Stranger Danger". 2. Drug education — content will emphasize the dangers associated with drug use as well as the importance of avoiding drug use altogether. 3. Violence/Gang involvement — curriculum content will include the negative impact gangs and violence has on families and the community as a whole. 4. Bicycle/Pedestrian traffic safety— curriculum will include safe bicycle rider practices. Quantifiable Performance Measures: 1. Number of schools and total number students reached through anti drug, gang, bicyclelpedestrian safety and other programs. 2. Total number of law enforcement hours dedicated to the preventative educational program. 3. Total number of juvenile bicycle traffic accidents after the presentations compared to the same period the previous year. Funding: Total Allocation: $14,225.00 PROACT Contribution: $6,899.13 Administrative Fee (15 %): $213.38 Funds Retained by City: $7,11250 Tustin City: The City of Tustin proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. The Tustin Police Department is currently experiencing a massive growth project with the development of the Legacy/District on the old LTA base. Large new entertainment, retail and recreation venues will result in the department policing a new variety of venues in which concerns such as low -key crowd control and expediency in arrest and control techniques will pose new challenges. The Tustin Police Department has identified two areas of concern with the current hand held radio operation: 1) a suspect who can overhear information such as the location of a warrant may be inclined to behave in such a way as to escalate police action and; 2) 2007 -DJ -BX -0523 Page 14 of 19 ATTACHMENT A in a noisy, open area with a large crowd present, officers need to remove the radio from their belts to hear transmissions. With the use of earpieces, critical communications would not be missed and officers would retain both hands free for more effective arrest and control techniques. Goal: Enhance officer safety by supplying each officer an ear piece compatible with the Motorola XTS3000 and XTS 5000 800 MHz radios. Obiectives: Supply patrol officers with radio earpieces to increase tactical abilities and decrease escalated use of force incidents. Quantifiable Performance Measures: Performance will be measured by decreased number of incidents in which suspects overhear transmissions that cause incidents to escalate. Performance will also be measured by decreased officer /suspect injuries in incidents that earpieces would allow officers to keep hands free for optimal arrest/control techniques to be utilized. Funding: Total Allocation: $25,151.00 PROACT Contribution: $12,198.24 Administrative Fee (15 %): $377.27 Funds Retained by City: $12,57550 Lake Forest City: The City of Lake Forest proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The City of Lake Forest is experiencing an increase in vehicle burglaries in certain areas of our city. This increase in criminal activity can be effectively addressed through increased patrol and enforcement activities. Due to the current fiscal situation, there is not sufficient funding to cover the overtime costs. The City of Lake Forest will utilize the JAG funding to cover overtime costs associated with increased patrols and enforcement efforts directed at apprehending vehicle burglars. Goal. The goal of our efforts is to protect property and ensure the safety of those persons that reside, do business, and recreate within the City of Lake Forest. 2007 -DJ -BX -0523 Page 15 of 19 ATTACHMENT A Obiectives: The goal will be accomplished by the following: 1. Increase officer presence and enforcement activities to increase the number of arrests in the city as related to vehicle burglaries. 2. Increase officer presence and enforcement activities to reduce the number of vehicle burglaries in the city. 3. Collaborate and promote information sharing between officers in the City of Lake Forest and other investigative /enforcement units. Ouantifurble Performance Measures: 1. Anticipated increase in criminal arrests related to vehicle burglaries. 2. Anticipated decrease in the number of vehicle burglaries. Funding: Total Allocation: $12,345.00 PROACT Contribution: $5,987.33 Administrative Fee (15 %): $185.18 Funds Retained by City: $6,17250 Mission Viejo City: The City of Mission Viejo proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: The City of Mission Viejo is experiencing an increase in burglaries, thefts and auto thefts. These crimes need to be addresses through increased patrol and enforcement activities. Due to the current fiscal situation, there is not sufficient funding to cover the overtime costs. The City of Mission Viejo will utilize the JAG funding to cover overtime costs associated with increased patrols and enforcement efforts. Goal: The goal of our efforts is to protect property and ensure the safety of the residents, business community and visitors within the City of Mission Viejo. Obiectives: The goal will be accomplished by the following: 1. Increase officer presence and enforcement activities to increase the number of arrests in the city. 2 increase officer presence and enforcement activities to reduce the number of burglaries, thefts and auto thefts in the city. 3 Collaborate and promote information sharing between officers in the City of Mission Viejo and other investigative units. 2007 -DJ -BX -0523 Page 16 of 19 ATTACHMENT A Ouantifiable Performance Measures: 1. Anticipated increase in criminal arrests. 2. Anticipated decrease in the number of burglaries, thefts and auto thefts. Funding: Total Allocation: $12,203.00 PROACT Contribution: $5,918.46 Administrative Fee (15 %): $183.05 Funds Retained by City: $6,10150 Westminster City: The City of Westminster proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement. Access to GIS encoded data and maps limited to those projects requested of the Crime Analyst. Many requests are relatively straightforward, requiring mapping of one crime over various time intervals. Ideally, these requests could be performed by officers, detectives, and supervisors directly if WPD had a basic crime mapping system using GIS and crime data. Placement of the system on the department's Intranet would provide for decentralized access to this functionality, would allow us to track system use, and make this service available over our wireless network. Goal. To provide line -level access to basic crime mapping via WPD's Intranet using existing GIS data and Records Management system data. Obiectives: 1. To purchase GIS crime mapping infrastructure to support basic crime mapping on Intranet, including hardware, software, and/or related systems. 2. Connect GIS data and crime data to the crime mapping system. 3. Attach basic crime mapping functionality to WPD's Intranet. 4. Train officers in system access and use. Quantifiable Per Measures 1. Purchase required hardware, software, and/or systems. 2. Connect basic crime mapping system to existing criminal and GIS data. 3. Installation of basic crime mapping on Intranet. 4. Training personnel in access and use of crime mapping. 5. Monitor use of the system by personnel. Funding: Total Allocation: $35,899.00 PROACT Contribution (25 %): $8,974.75 Administrative Fee (15 %): $538.49 Funds Retained by City: $26,385.77 2007 -DJ -BX -0523 Page 17 of 19 ATTACHMENT A Irvine City: The City of Irvine proposes to use the 2007 Justice Assistance Grant funding as follows: Problem Statement: In the wake of the Virginia Tech shooting in April 2007 many law enforcement agencies began . to reassess the issue of gun violence on school campuses and their level of preparedness in dealing with active shooters in a school setting. The City of Irvine, with two universities, one college, six high schools, and seven middle schools, may seem particularly vulnerable relative to its inventory of potential targets. This is not the case. With a highly regarded SWAT team and a penchant for planning and training for emergencies of this type, the Irvine Police Department is planning a revision to school tactical plans to address new information and threats. These grant funds would assist in this planning and training effort. Goal: Conduct planning and training to address the threat of an active shooter on a school campus in Irvine. Oblectives: Update existing tactical plans for responding to active shooters on all high schools and middle schools in the City of Irvine and provide training to Irvine Unified School District personnel and; Clarify mutual aid response protocols with the University of California Irvine, Concordia University and Irvine Valley College relative to responding to active shooter and other serious threats. Ownti cable Performance Measures By April 1, 2008 the Irvine Police Department will update tactical responses to six Irvine high school and seven middle schools relative to active shooter or other serious threats. By June 30, 2008 the Irvine Police Department will conduct at least one training exercise with the Irvine Unified School District relative to the threat of an active shooter on an Irvine school campus. By January 1, 2008 the Irvine Police Department will contact law enforcement and/or security personnel at Irvine's three institutions of higher learning to review and clarify mutual aid response protocols and discuss threats to campus safety. Funding: Total Allocation: $15,254.00 PROACT Contribution: $7,398.19 Administrative Fee (1.5 %): $228.81 Funds Retained by City: $7,627.00 2007 -DJ -BX -0523 Page 18 of 19 ATTACHMENT A 2007 -DJ -BX -0523 Page 19 of 19 ATTACHMENT B HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on your letterhead that includes or states the following: A. Your agency's request for reimbursement in the amount of $ ; B. Against Grant # 2007 -DJ -BX -0523; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Financial Status Report (FSRs) using a Standard Form 269A (SF- 269A). This report reflects the actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The FSR is due at the Sheriff's Department Financial Division no later than 15 days following each calendar quarter, even if you don't have any reimbursement claims. The reporting quarter end dates and due dates are as follows: Qtr. ending 03 -31 -YY due no later than 4/15 Qtr. ending 06 -30 -YY due no later than 7/15 Qtr. ending 09 -30 -YY due no later than 10 115 Qtr. ending 12 -31 -YY due no later than 01115 A helpful hints guide for completing FSRs is available at the JAG website at: ht!p://www.oip.gov/BJA/gEqptljgg.html B. All invoices and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. D. Copies of signed check(s) for purchase(s); All of the above documentation must be provided or your claim cannot be Processed. If you have any questions please call Herminn Vengco at (714) 834 -6684. Send your claim to the Attention of Herminn Vengco at 320 North Flower Street Suite 108, Santa Ana, Calif. 92703. Attachment C 2007 -DJ -BX -0523 795,499.00 2007 JAG Federal Fund Allocations AGENCY TYPE 2007 Fed. JAG Funds 2007 Fed. JAG 1.5% Admin Costs . Adjusted 2007 Fed. JAG Funds 2007 $ Amount Fed. JAG to PROACT at 48.5% ('25%) 2007 $ Amount Fed. JAG to Cities ORANGE COUNTY County $ 25,222.00 $ 378.33 $ 24,843.67 $ 12,232.67 $ 12,611.00 ANAHEIM CITY Municipal $ 158,390.00 $ 2,375.85 $ 156,014.15 $ 76,819.15 $ 79,195.00 BUENA PARK CITY Municipal $ 33,665.00 $ 504.98 $ 33,160.03 $ 16,327.53 $ 16,832.50 COSTA MESA CITY Municipal $ 31,714.00 $ 475.71 $ 31,238.29 $ 15,381.29 $ 15,857.00 FULLERTON CITY Municipal $ 40,582.00 $ 608.73 $ 39,973.27 $ 19,682.27 $ 20,291.00 GARDEN GROVE CITY Municipal $ 75,736.00 $ 1,136.04 $ 74,599.96 $ 36,731.96 $ 37,868.00 HUNTINGTON BEACH CITY Municipal $ 46,045.00 $ 690.68 $ 45,354.33 $ 22,331.83 $ 23,022.50 LA HABRA CITY Municipal $ 22,242.00 $ 333.63 $ 21,908.37 $ 10,787.37 $ 11,121.00 NEWPORT BEACH CITY Municipal $ 12,806.00 $ 192.09 $ 12,613.91 $ 6,210.91 $ 6,403.00 ORANGE CITY Municipal $ 25,754.00 $ 386.31 $ 25,367.69 $ 12,490.69 $ 12,877.00 PLAC ENT IA CITY Municipal $ 13,480.00 $ 202.20 $ 13,277.80 $ 6,537.80 $ 6,740.00 SANTA ANA CITY Municipal $ 194,786.00 $ 2,921.79 $ 191,864.21 $ 94,471.21 $ 97,393.00 STANTON CITY Municipal $ 14,225.00 $ 213.38 $ 14,011.63 $ 6,899.13 $ 7,112.50 TUSTIN CITY Municipal $ 25,151.00 $ 377.27 $ 24,773.74 $ 12,198.24 $ 12,575.50 LAKE FOREST CITY Municipal $ 12,345.00 $ 185.18 $ 12,159.83 $ 5,987.33 $ 6,172.50 MISSION VIEJO CITY Municipal $ 12,203.00 $ 183.05 $ 12,019.96 $ 5,918.46 $ 6,101.50 "`WESTMINISTER CITY Municipal $ 35,899.00 $ 538.49 $ 22,553.19 $ 8,974.75 $ 26,385.77 IRVINE CITY Municipal $ 15,254.00 $ 228.81 $ 15,025.19 $ 7,398.19 $ 7,627.00 TOTAL 795,499.00 $ 11,932.49 $ 770,759.19 1 $ 377,380.75 $ 406,185.77 795,499.00 Attachment D 2007 -DJ -BX -0523 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Program Reports must be submitted annually to the Lead Agency (Sheriff's Department). The Office of Justice Programs (OJP) has established a new permanent reporting period and due date for all JAG reports. The reporting period is January 1— December 31 of each year of the grant. The new due date for program reports is February 1 of each year of the grant. The reporting requirements are designed to provide the grantor agency with sufficient information to monitor grant implementation and goal achievement. The reports must be keyed to your problem statement, goal, objectives and quantifiable performance measures. Specifically, the report should: 1. Indicate the status of each goal that was due for completion during a previous reporting period but carried over due to implementation of other problems. 2. State the status of each goal which was scheduled to be achieved during the report. 3. State the corrective action planned to resolve implementation problems and state the effect of these problems on the remaining schedule for achieving the project remaining goals. 4. If appropriate, identify changes that are needed in the implementation plan specified in the grant application to overcome problems. Changes that alter plans and/or goals set forth in the application require prior grantor agency approval and issuance of a Grant Adjustment Notice (GAN). 5. State what technical assistance the grantor agency might provide during the next six month period to help resolve implementation problems. If technical assistance has been provided to resolve implementation problems, state the problems (or tasks) addressed and the results (or impact) of the assistance provided. 6. Based on the performance measures set forth in the grant application (implementation plan), indicate in quantitative terms the results (of the project) achieved both during the reporting period and cumulative -to -date. Explanatory and qualifying statements will be helpful here, especially if project objectives have changed. SPECIAL REQUIREMENTS Special reporting requirements or instructions may be prescribed for categorical projects in certain program or experimental areas to better assess impact and comparative effectiveness of the overall categorical grant program. These will be communicated to affected grantees by the agency. Please submit all Program Reports via e-mail and direct any questions regarding the grant program reporting to Deputy Dee Dee Kurimay. (714) 935 -6869 dmkurimay(a)ocsd.org 431 The City Drive South Orange, CA 92868 Attachment E 2007 -DJ-BX -0523 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 funding. Ensuring Access to Federally Assisted Programs 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 funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI 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 at http://www.ley.go 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, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment 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 prohibits faith -based organizations from using 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 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 htty: / /www.oit).usdoi.Rov /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(0 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 http: / /www.ojp.usdoj.gov /ocr /. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. 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 I of 6 are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an 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), or other Federal grant program requirements, must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (ESOP), 28 C.FR. § 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, 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 EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. 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 to 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 Certification Form and return it to OCR The Certification Form can be found at htti3://www.oit).usdoq.jzov/ocr/eeop. 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 Certification Form and return it to OCR The Certification Form can be found at http7//www.oip.usdoi.gov/ocr/eeop. htm. 2) 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. 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 EEOP, 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. 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 htto: / /www.oin.usdoi.gov /ocr /. SPECIAL CONDITIONS L 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 (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 2of6 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 Govemments, 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. 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. 6. 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, 3 of 6 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 OR 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.H of this special condition) 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 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 numbered 5. and 6. immediately above in order to ensure proper compliance; S. 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. 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 4of6 10. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.Rov/implementationzttide.i)hi) 11. 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 90 days after the end of the grant.period, along with the final submission of the Financial Status Report (SF -269). 12. 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. 13. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and; as applicable, either (1) 28 C.F.R. part 66 or (2) 28 C.F.R par 70 and OMB Circular A -110. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. 15. 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.oip.usdoi.sovt'ec/states. htm 16. 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 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the 5of6 Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at wwwdeo.aov." 19. 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. 20. Recipient acknowledges that it may not obligate, expend or drawdown grant funds until it has submitted all delinquent reports for grants funded by BJA, including I) financial reports (Standard Form SF 269A); 2) semiannual progress reports; 3) annual performance reports; or 4) final reports. Recipients are encouraged to contact their State Policy Advisor(SPA) in BJA with questions concerning these delinquent reports. All reports must be submitted electronically via the GMS or equivalent electronic system, as specified by the SPA. Only after all of these delinquent reports have been submitted will BJA issue a Grant Adjustment Notice to remove this condition. 21. All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: I) 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 fast 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 subgranee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must fast 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 offltie, 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. 6of6