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HomeMy WebLinkAbout12983 ORD - 01/14/19761kh:1- 13-76; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT APPLICA- TION TO BE SUBMITTED TO THE CRIMINAL JUSTICE COUNCIL TO PROVIDE THE CITY WITH A NIGHT AND WEEKEND MAGISTRATE PROGRAM, FOR A TERM OF THREE YEARS, COMMENCING FEBRUARY 1, 1976, AND TERMINATING ON JANUARY 31, 1979, ALL AS MORE FOLLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED E%HIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute Grant Application to be submitted to the Criminal Justice Council to provide the City with a Night and Weekend Magistrate Program, for a term of three years, commencing February 1, 1976, and terminating on January 31, 1979, at a total cost of $45,000, with the first year to cost $15,125, all as more fully set forth in the Grant Application, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize execution of the aforesaid Grant Application at the earliest practicable date in order that the Night and Weekend Magistrate Program may be commenced as soon as possible creates a public emergency and an imperative public necessity requiring the suspen- sion of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of January, 1976. ATTEST: CW Secretary MAYO THE CITY OF CORPUS CHRISTI, TEXAS AP DAY OF J Y, 1976: EXfc A%T City torn-" 12983 OS tYpe TO - - o va- ­ )MB N.. BU-t1UIIS`_' M&LER SHEET for FEDERAL GRANT APPLICATION /AWARD NOTIFICATION , 1. APPLICATION GATE yr mq 1876 1 ITE OBE COMPLETED BY APPLICANT OR CLEARINGHOUSE DEPENDING UPON STATE PROCEDURES 2 FEDERAL EMRWR ID NO. , 3. APP,Lr - Organlz4dcnal Unit - 4. ADDRESS - Street or P.O. Box -- ,;City of- Corpus:, Christi, texas P. 0: Box 9277 _ 'r e. COUNTY - 7.STATE ! 8. ZIP CODE. B. PRO? NO. (Catalog of Fed Domeetle Aeslatenee) :'.corpus Christi`? uecea. Tex 78408 "'75' - -D03 10. TYr E�OOF ACTION - - TYPE OF CHANGE (Cornplane If 10b or 10c was checked) _. 74. ta' :..1e'❑otherscopa E1C6TING FED GRAM ID iu,�Nant'-c -0 Modm�tio ❑JnereaedDWleta -. :1 e' ❑Increased Duration -' - -_ :ib ❑cominnet- - - b.❑Decreased Dollar %- b ❑ Decreaeed.Duration - -b ❑Cancellation " yr: 0 19. APPLICANT TYPE - -- FONDS REOUESTEDI Fora -,gw Sh -O.IVA c.fl -(-Jm OecFl.J 16, REPUESTED FUND START ' '19_.� 2 - _ Enter Letmr A. Stets = - F. School Dleulct -® A. FEDERAL ( / $ 00 1 &FUIJOS DURATION �l�MOnths) B.'.Jntererata -: G.- Cormnun{ty Action Agenc 21.SrATF - / )$ 15.125 .00 +T9 C. Sub State Obt - -H. Sponsored Organization 22 LOCAL ( /$ - .00 17: ES' . PROJECT START 7b -? D. County,: 1: Indian 2.7. OTHER I ) $ - .00 18. PROJECT DURATION -' 36 - {Months) E. City - ` -J. Other (Specify in R-1,14 24. TOTAL CW,27,22,23) ( ) $ 00 26. BR EF TITLE OF - - - APPLICANTS'PROJECT -_ 'Night Court Magistrate. Project- -. 26: DE�cRIPTION- OF.APPLICANTS PROJECT (Purpose). - -. PrD>iide the City of Corpus Christi a night magistrate program to enhance the criminal justice system for hoth•the accused and society, A night magistrate will be employed to cover those :hours not now covered Monday through'Friday. Four other magistrates will be contracted with j ;for weekend- coverage. The City of :Corpus Christi has facilities and personnel available to provide`-the additional space and clerical assistance needed for this program. 27: ARtA'OF PROJECT IMPACT (4ndlmta City. County. State, am) IT "County 28. CCVGRESSIONAL DISTRICT.. -;- 29. Erwlronmamal ASSeesment Requiretl 30. CLEARINGHOUSE IS) TO WHICH SUBMITTED OI App7ic"mt Dlefrina 1 mpeotetl 8V 1'tojaet BY Srate)Fadaral Agency? - Yea i.aOSUM b Mree Wide eONone -- .. 1.a NAME OFCO TACT PERSON_ - - -. -b ADDRESS- Stron- P.O.Box � cTE LEPHONE NO. 3ttdge•;Dan Flynn: _ 904. N. Brownlee, Corpus Christi, Texas 882 -5446 ITEMS 3238 TO BE COMPLETED BY CLEARINGHOUSE MULTIPLE 32.CL,EARINGHOUSE ID ❑ CLEARINGHOUSE 33, a 4CTI ON BASED ON b ACTION TAKEN 133, flIEVIEW OF ry❑NotH{eation a With Comment a ❑Watered STATE APPLICATION ' IDENTIFIER (SRI) Stara ❑Application b ❑ Without Comment d ❑ Unfavorable Number STATE WIDE I County/ City County/ City County/ City County/ C{ty County/ City County/ City 38.CLFARINGHOUSE Ping Area Ping Area Ping Area Ping Area Pine Are, Ping Area IMPACT CODE ❑ Yes ❑ No 36. STATE PLAN REQUIRED RECEIVING DATE yr mo day FINAL CLEARINGHOUSE ACTION DATE No 137, 138. AT CLEARINGHOUSE 19 - -- yr mo day ❑Yes 79_ -- ITEMS 39-42 TO BE COMPLETED BY APPLICANT BEFORE SENRING FORM TO FEDERAL AGENCY 39 C*tRTI FICAT4ON :_..The epWlCent certiflen Thai to the beet of hla knowledge erM belle} the ebave date are true end : -' :Check bo H no'cl- rhr9houxe . ❑ HUrq{of "'i: -£' ,:.; mrreeL'entl -thistorm ha. been du1Y authotized by the govemlrg body of the apPllmnL -.__. received In30days 40. e; I'fAMEyPrMt ar Type) .;:: -. bTITLE -. :, cSIGNATUREo th IzadR dTELEPNONE NUMBER ;j.Matyin Townsead rTE City:ger $84 -3011 - 41LO TdAILED TD E.E.DERAL JS TATS AGENCY -: - yr. - iawy_,day .. OF EEDE -RAL STATE AE -_ - 42. NAM GNC - � L - ,�'1B_LY. TO WHICH THIS APPLICATION SUBM - - _L ITEMS 43 -64TO BE COMPLETED BY FEDERAL OFFICE EVALUATING AND RECOMMENDING ACTION ON THE APPLICATION 43. GRANT APPLICATION ID 52. Application Recd. 53.e Exp. Action Date ., 63.b Rat. to Applicant ;(Anigned by Federal Agency) -yr mo day yr mo daY - d{fAlwaya Compie'� yr mo day 19 19 _ 53.a OR b p�._ 19 44. G' ANTOR AGENCY R A..nd d APPIIc. Rev. Expected 54. E.P. Action R S,b aquent Ret. to ' E V Received E V Anion Data As 1� E V Applicant 45. O$GANIZATIONAL UNIT I yr mo day $ yr mo day yr mo day $ yr ma day ) 19 -_- ) 79 - -- 19___ ( 19 - -- 46. AIMINISTERING OFFICE 4 19 - -- N 19 -� -- 19 - -- N 19 - -- - $ 19 -- $ 19 - -- 79_ -- $ 47. AQORESS - Street or P. O. Box 48. CITY 9. STATE 60. ZIP CODE 51. TELEPHONE NUMBER ITEMS 5565 TO BE COMPLETED BY THE FEDERAL OFFICE APPROVING THE GRANT APPLICATION FINAL ACTION FINAL DATES yr mo day FUNDSAPPROVED[For Chargm Show On)yAmL of)ne.(t /or Dec.(-).] SS.a i❑ Awarded b ❑ Re)ect,d c ❑ Witnd- IS- -- 60. FEDERAL AMOUNT (F Y funds) ( 1$ .00 56. Ff NDS AVAILABLE - 19 - -- 61. STATE SHARE ( l$ .00 57. ENDING DATE 19 _ _ _ 62 LOCAL SHARE ( ) $ .00 63. OTHER ( l $ .00 58. F DERAL GRANT 10 64. TOTAL (60, 61,62, 63) ! 1$ .00 69. FRr DERAL FUND ACCOUNT NUMBER .- 65. MULTIPLE PROGRAM -LINK 66. ITMARKS 6/73, I Page 1 Office of the Governor .: 9 Criminal Justice Ditdsion. pPPLiCATION FOR GRANT 1. Applicant agency or Institution: 2. Program No. Under Which Funding Expected: 75 -D3 City of Corpus Christi 3, Type of Application: (Check one) Original X Revision Continuation If continued or revised give number of all grants 4. Short Title of Project: (Do-not exceed one typed line) Night Court Magistrate 5. Project Director: 6. Financial Officer: 884 -3011 (Name, title, address, telephone) 882 -5446 (Name, title, address, telephone) Judge Dan Flynn Harold Zick, Director of Finance Chief Municiple Court Judge P. 0. Boa 9277 904 N. Brownlee, Corpus Christi,TX 78408 Corpus Christt, TX 78408 Signature Signature 7. Period of Present Request: B. Project Duration: February 1, 1976 Ftnm February 1, 1976 From January 31, 1977 Z .,,, January 31, 1979 Through Total length_ 36 months Request for Present Year or Period: Total CJD Support Sought: (Total for project, federal and state) $ 15,125 $ 49,000 9. Official Authorized to Sign Application: 10. Federal Support: (Name, title, address, telephone) R. Marvin Townsend, City Manager other federal support be available for any part of this P. O.Boa 9277 project? pro x Corpus Christi, TX 78408 —Y� —NO 994 -3011 If yes, identify and explain: 11. Attachments (check if included): - (a) Clearinghouse reriery and comment (e) Contracts for services, equipment, and Name of clearinghouse: constructions (d) Letters of endorsement (b) Loral governing body resolution X - authorizing application (e) Other (describe) 12. Date: CJD USE ONLY 1 -9 -76 Grant Number Geographic Area: 13. Total Pages in Application: Region Date Received County(s) 17 Program Area City Form CJD- 1(111174) Office'of the Governor Project Title: Night Court Magistrate I. IL Page 2 Criminal Justice Division APPLICATION TOR GRANT ` Period of Present Request: From February 1,1976 Througt+January 31, 1977 PRESENT PROJECT BUDGET Budget Category CJD Support Federal and State Cash Contribution Cash Total *In-Kind Contribution A. Personnel Cash Contribution A. Personnel B. Professional & Contract Services B. Professional Services C. Travel C. Travel D. Equipment 500 D. Equipment E. Construction E. Construction F. Supplies & Direct Operating Expense 625 F. Supplies & Direct Operating Expense 625 G. Indirect Cost G' Indirect Cost H. Total $15,125 H. Total $15,125 CONTINUATION FUNDING PLAN ANTICIPATED PROJEUI' EXPENDITURES Budget Category SUBSEQUENT PERIOD— SUBSEQUENT PERIOD — CJD Support Cash Contribution CJD Support Cash Contribution A. Personnel B. Professional Services C. Travel D. Equipment E. Construction F. Supplies & Direct Operating Expense G' Indirect Cost H. Total III. Explanation of grantee cash contribution, in -kind contribution, and continuation funding plan. Describe (1) nature, (2) source, and (3) project utilization of the grantee contribution for the present project period as listed in the grantee contribution column of Page 2 of this application. Following this should be an explanation -in the terms described above (nature, source, and project utilization), of how the applicant proposes to support the project after CJD funding has concluded (attach continuation pages is needed). NOTE: Initial funding by the CJD does not automatically qualify the project for continuation funding. *This category is for information purposes only. Total for each category must be supported by Detail Budget Narrative. Form WIM (111174) Form WD-1 (1(1/74) Office oT the Governor .�.� Criminal Justice Division APPLICATION FOR GRANT BUDGET NARRATIVE Begin below and add as many continuation pages (3a, 3b, etc.) as may be needed to explain each item of the project budget. Limit this narrative to an explanation of the basis for arriving at the cost of each item including grantee contribution items. This section must also describe the applicant's procurement procedures for equipment, services, and construction, if such items are a part of the project budget, A. Personnel CJC Support 1. Magistrate Salary $ 8,000 Benefits (retirement, insurance, etc.) 1,200 $ 9,200 B. Professional & Contract Services 1. One Magistrate each weekend at $100 for 48 weeks 4,800 D. Equipment 1. One Executive Desk and one Chair $ 300 2. One 48x34xl2" Bookcase 100 3. One Filing Cabinet 100. 500 F. Supplies & Direct Operating Expense 1. Office supplies, forms, paper, copying, etc.. $ 200 2. Postage 50 3. Pageboy Pager $25 /month x 12 months 300 4. Telephone service, annual rate 75 625 H. Total $15,125 Form WD-1 (1(1/74) • Page 4 Office of the Governor Criminal Justice Division APPLICATION FOR GRANT Project Plan and Support Data This section constitutes the heart of the grant application. It is the appl'icant's detailed statement of the project -its aims, precisely what will be done, whQ will be involved, and what is expected to result. With the project budget, it constitutes primary evidence to CJD of the soundness of the project, the care and planning that has gone into its formulation, and the responsibility and qualifications of the applicant and others who will be involved in canying it out. This section consists of two parts: the summary and the detailed project description. Summary In the space below, write a brief summary or total project. A. Goals _ Provide the City of Corpus Christi a night magistrate program to enhance the criminal justice system for both the accused and society. B. Methods - A night magistrate will be employed to cover those hours not now covered Monday through Friday. Four other magistrates will be contracted with for weekend coverage. C. Resources- The City of Corpus Christi has facilities and personnel available to provide the additional space and clerical assistance needed for this program. D. Results- This program will help to insure the constitutional rights of the accused resulting in lower jail population and eliminating the unnecessary incarceration of citizens. It will furhter provide judicial and legal assistance to police officers not now easily available during the night hours. E. Evaluation - Evaluation will be made by comparison of existing jail population statistics with that of future months. Magistrates involved in the program will be asked to evaluate the program at the end of the project period. Form CJD -1 (1/1/74) 1 I Ll Page 4A Criminal Justice Division Office of the Governor:' APPLICATION FOR GRANT ' DL•:TAiL PROJECT DESCRIPTION Organize the remainder of this section under the following headings: A. Goats, B. Methods, C. Resources, D. Results, and E. Evaluation. . Insert after this sheet as many additional pages 4a, 4b, 4c, etc.) as may be needed to complete the description of the Project Plan and Supporting Data. if the applicant wishes to append documents that cannot be readily placed on continuation sheets, these documents should be listed on the last page of the Project Plan and copies furnished with the application for staff review. A. GOALS , The Corpus Christi Police Department responded: to 133,590 calls for service from citizens during 1975. Approximately 9.7% (or 12,350) of these calls resulted in arrests. All of these prisoners were processed through the City Jail, both felonies and'misdemeagors. Felony prisoners are.housed in the City Jail while detectives complete the required paperwork. At•this time they are trans- ferrhd to the County Jail to make bond or to await trial. Prisoners in this category numbered 4,732 during 1975. Persons charged with misdemeanor offenses punishable fy a Jail sentence-, ie., D.W.I., Theft over $5AO, etc., are also processed through the City Jail prior to their transfer to the County Jail. I Persons charged with violations of City Ordinances are incarcerated in the City Jail while awaiting trial in Municipal Court and while serving out time in lieu of fines imposed. In the two categories of misdemeanors 7,618 persons were incarcerated in the City Jail during 1975. One of the primary goals of the project is to reduce by 20% the number of persons spending time in jail because of the unavailability of a Magistrate at the time of arrest. In striving towards this goal it is appropriate to point out that of the 12,350 arrests during 1975, 69.9% (or 8632) were made between 8:00 p.m. and 8:00 a.m., with the great majority of these arrests taking place between 8:00 p.m. and 12:00 midnight. A further breakdown of the time and type of arrests also indicates other benefits to be derived from such an approach. Felony Misdemeanors Days - (8:00 a.m. - 8:00 p.m.) 1,820 1,898 Nights - (8:00 p.m. - 8;00 a.m.) 2,912 5,720 Felony arrests are almost evenly distributed between the Page 4B Page 4C daytime and nighttime periods. These arrests are least subject to the problems associated with spending excessive time in jail because, as pointed out earlier, individuals charged with felonies-are transferred to the County Jail as soon as the paperwork is completed. Misdemeanor arrests on the other hand, occur almost twice as often during the nighttime hours as during the day. These arrests are most subject to the benefits to be derived as a result of having magisterial coverage during the nighttime hours. A survey of the time spent in the City Jail for all those arrested in 1975 reveals that the average stay in jail is 15.31 hours. Having a Magistrate available during the hours when almost 70% of these arrests take place would substantially reduce time spent in the City Jail awaiting adjudication in Municipal Court. Another aspect of the overall project goals pertains to the availability of magisterial coverage during the nighttime hours to assure that proper constitutional warnings are given to arrested individuals. This accomplishes three things: 1. Assures constitutional protection to accused individuals. 2. Permits greater investigative efficiency. Page 4D 3. Encourages continuity of investigative effort immediately upon arrest rather than a delay until the following morning. Note: New statutes pertaining to the handling of juvenile offenders precludes taking a confession without appearance before a magistrate. There are currently thirty detective sergeants and five lieutenants assigned to Criminal Investigation in the City Police Department. Another thirty investigators deal extensively with criminal matters concerning vice, narcotics, and juvenile offenses. These sixty officers require search warrants for a variety of reasons on an almost nightly basis. An important goal of the project is to provide magisterial coverage to reduce the time delays between the time the pro- bable cause is developed and the time the warrant may be executed. In the investigation of any criminal case this time is extremely important. In cases involving narcotics, gambling cases, and burglary cases which are breaking rapidly, any delay in securing a warrant may be fatal to the apprehen- sion of the criminal or to recovery of contraband and /or stolen property. Several cases lost as a result of delays in being able to contact a Magistrate have been documented during the past few months. The temporary committment for psychiatric evaluation of persons who may be dangerous to themselves or others is another important project goal. While no documentation is readily available to determine exact ratios, it is reason- able to expect that the time of need for such committment papers would approximate the percentages experienced in com- paring daytime and nighttime arrest rates. B. METHODS A night Magistrate will be employed to provide coverage during the hours not now covered during the regular work week (Monday through Friday). Four other Magistrates will be contracted with to provide weekend coverage. These Magistrates have been contacted and all express willingness to perform this service on a rotating basis. This approach will provide coverage during the time the regularly employed night Magistrate is off duty by indivi- duals who are experienced in the needs of police officers regarding warrants, warnings, and committment documents, as well as the constitutional safeguards necessary for the rights of those accused of crimes. g Page 4E • Page 4F C. RESOURCES The City of Corpus Christi is well qualified to fit such a position into the existing Municipal Court system. The system is administratively guided by a Judge who is desig- nated as the presiding Judge and has responsibility for the overall function of the several Judges and the Court System. Existing clerical and administrative personnel will work with the presiding Judge in managing the function of the Night Magistrate and the Magistrates who are utilized on the weekends. The City has been the recipient of numerous LEAA Grants and is equipped to administer all fiscal and other managerial functions. D. RESULTS The project will help to insure the proper adherence to con- stitutional rights of persons accused of criminal offenses. This concern will result in a lower jail population by re- ducing the average time spent per inmate in jail and will have the effect of making police officers more careful in their choice of offenses for which the individual is booked. A substantial saving in police man -hours will be realized in several types of situations. l ' 1. The immediate availability of a Magistrate for the issuance of search warrants. 2. The capability of continuing interrogations of persons immediately after arrest. 3. A reduction of waiting time for the committ- meat of mentally ill persons. 4. The ready availability of legal advise in handling cases which are not clear cut in their legal aspects. E. EVALUATION Evaluation will be accomplished by analysis of data gathered in all cases participated in by the Magistrates. This data will be utilized in regular quarterly reporting procedures. Comparisons will be made of the jail population statistics during the project with those of past time periods to show the reduction in the average time spent per inmate per incarceration. Magistrates involved in the project will participate in the evaluation at the end of the project period. Page 4G • 1 I 5 Office of the Governor Criminal Justice Division Application for Grant Project, Title: The follovdng standard grant conditions, (where applicable), must he certified and agreed to by the applicant in order to validate the application. Also, where a condition Is applicable and requires additional Information, such information should be Included in or as an addition to the application. (Additional explanation of these grant conditions may be found in CJD publication Guide for Grant Administration.) Standard Grant Conditions 1. Project initiation. Acceptance of the grant award must be returned to the CJD within 30 days after the date of the award. if an approved project has not commenced within 60 days after acceptance of the grant award, the grantee will report by letter the steps taken to initiate the project, reasons for the delay, and expected starting date. If 90 days after acceptance of the award the project is not opera- tional, a further statement of implementation delay will be submitted by the grantee to the Criminal Justice Division. On receipt of the 90 -day letter CJD may cancel the project and redistribute the funds to other project areas. CJD, where warranted by extenuating circumstances, may request approval from the LEAA regional office to extend the implementation date of the project past the 90-day period. 2 Project completion. With the exception of the final project report, final financial report, and liquida- tion of goods or services encumbered before the termination date, grants must be completed no later ibah the termination date set forth In the �_%tement of Grant Award or any approved extension thereof. Grantees should keep in mind the grant condition prohibiting the obligation of funds beyond such termination dates, the requirement for liquidation of obligations within 90 days after the termina- tion date, and the requirement for the return of unobligated grant funds within such period. 3. Reports The grantee shall submit, at such times and in such forms as may he prescribed, any reports that the Criminal Justice Division may require, including quarterly financial and progress reports and final financial and progress reports. The grantee's failure to submit required reports within the prescribed time contrails may result in unnecessary delays in the processing of request for funds; 4. Fiscal regulations. The fiscal administration of grants shall be subject to such rules, regulations, and policies concerning accounting and records, payments of funds, cost allowability, submission of financial reports, etc., as may be presecribed�by CJD, including those set forth In the CJD Guide for Grant Administration. 5. Utilization and payment of funds. Funds awarded may be expended only for purposes and activities covered by the grantee's approved project plan and budget. Payments will he made on the basis of periodic requests and estimates of fund needs submitted by the grantee. Payments will be adjusted to correct previous overpayments or underpayments and disallowances resulting from audit. 6. Written approval of changes Grantees must obtain prior written approval from CJD for major project changes. These include (a) changes of substance in project activities, design, or research plan set forth In the approved application; (b) changes in the project director or other key personnel identified in the approved application; (c) expenditure of project funds representing more than a 15 percent or $2,500 variation, whichever is greater, In any category of the total approved budget, including both CJD grant funds and grantee contribution; and (d) all additions to or deletions of approved equipment purchases. Any project changes in the grantee's prerogative to initiate are subject to cost allowability and budget guidelines that may be described in the CJD publication mentioned in the preamble to this section. 7. Application review changes Any changes effected in this application as a result of or during the course r l Page 5A of CJD review will be deemed to have been ratified by the grantee upon CJD's receipt of the grantee's request for funds or acceptance agreement. 8 Maintenance of records. Financial records, supporting documents, statistical records, required reports, and all other records pertinent to the grant project or any component part thereof shall be retained for three years from the date of the grantee's submission of the final expenditure report, except that records for nonexpendable property acquired with federal grant funds shall be retained for three years after final disposition. The records shall be retained beyond the three -year period if audit findings have not been resolved. Provisions to this effect must be included in all contracts, subcontracts, or other arrangements for implementation of this project or any component thereof. 9 Inspection and audit The State of Texas, the U.S. Department of Justice, and the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records pertinent to this grant project for the purpose of making audit, examination, excerpts, and transcripts. A provision to this effect shall be included in all contracts, subcontracts, or other arrangements for Implementation of this project or any component therof. 10. Termination of aid. A grant may be terminated or fund payments discontinued by CJD if it finds a substantial failure to comply with the provisions of P.L. 90.351 or regulations promulgated thereunder, Including these grant conditions or application obligations, but only after notice and hearing and pursuant to all procedures set forth in Sections 510 and 511 of P.L. 90 -351. 11. Obligation of grant funds Grant funds may not, without advance written approval by CJD, be obli- gated prior to the effective date or subsequent to the termination date of the grant period. Obligations outstanding as of the termination dale shall be liquidated within 90 days. Such obligations must be related to goods or services provided and utilized for ultimate program purposes. 12. Titl2 to property. Title t.o property acquired wholly or partly with grant project fund-, In accordance with approved budgets shall vest in the grantee, subject to divestment at the option of LEAA or CJD (to the extent federal funds contributed to the acquisition thereof) exercisable only on notice within 180 days after the end of the grant period or termination of the grant. The grantee shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of grantor interest. 13. Use of property for law enforcement purposes Ali property acquired with grant project funds or donated property representing a grantee contribution shall be committed to use for law enforcement purposes throughout its useful life. 14. Project income. All Interest or other income earned by a grantee with respect to grant funds or as a result of conduct of the grant project (sale of publications, registrations fees, service charges on fees, etc.) must be accounted for. Income should be applied to project purposes or in reduction of project cost. Interest earned on grant funds must be returned to CJD. All other project income must be applied to project purposes or as a reduction of total project cost. 15. Publications The grantee may publish, at Its own expense, the results of grant activity without prior CJD review provided that any publication (written. visual, or sound) contains an acknowledgement of CJD grant support: The following disclaimer must be contained in the aforementioned acknowledge- ment: The fact that the Criminal Justice Division furnished financial support to the activity described in this publication does not necessarily indicate the concurrence of the Criminal Justice Division in the statements or conclusions contained herein. At least 25 copies of any such publication must be furnished to CJD but only 10 copies of training materials (where used in grant project) must be supplied, except as otherwise requested or approved by CJD. Publication of documents or reports with grant funds beyond quantities required to meet stan- dard report requirements must be provided for in approved project plans or budgets or otherwise approved by CJD and, for large quantity publication, manuscripts must he submitted in advance to CJD. Page 513 16. Copyrights. Where activities supported by this grant produce original books, manuals, films, computer programs (including executable computer programs and supporting data in any form), or other copy - rightable material, the grantee may copyright such, but CJD reserves a royalty -free, nonexclusive, and - Irrevocable license to produce, publish, and use such materials, and to authorize others to do so. Disposition of royalties will be determined by CJD. Provisions appropriate to effectuate the purposes of this condition must be in all employment contracts, consultants' agreements, and other contracts. 17. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this grant, by the grantee or contractor, the grantee shall refer the discovery or Invention to CJD, which will determine whether or not patent protection will be sought; how any rights therein, Including patent rights, will be disposed of and administered; and the need for other action required to protect the public interest in work supported with federal funds, all in accordance with the Presidential Memorandum of October 10;.1963, on Government Patent Policy. In the final nkYrative ieport the grantee shall identify any.'4iscoaG or invention arising under or developed In the course of or as a result of work performed under this grant or shall certify that there are no such Inventions or discoveries. 18. Allowable costs. The allowability of costs incurred under any grant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in Office of Management and Budget Circular A -87, Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments," as further defined and delimited in conditions in the CJD Guide for Grant Administ ration. Educational institutions are subject to standards set forth In OMB Circular A -21. 19. Expenses not allowable. Grant funds may not be expended for (a) items not part of the approved budget or separately approved by CJD; (b) purchase of land and construction of buildings or imple- mentation of improvements thereon, or payment of real estate mortgages or tares, unless specifically provided for in the grant agreement; (c) entertainment, amusements, or social activities, or incidental frosts related thereto; (d) purchase of automobiles or other automotive vehicles unless provided for in the grant agreement; or (e) indirect (overhead) costs, if the grantee does not have an indirect cost allocation plan and rate acceptable to CJD, exc ?pt negotiated lump sum amounts included in the approved application budget. 20. Proposal costs. Grant funds may not be committed or expended for costs of preparing proposals without prior CJD approval- 2L Third party participation. No contract or agreement not incorporated in the approved proposal or approved In advance by CJD may be entered into by the grantee for execution of project activities or provision of services to a grant project (other than purchase of supplies or standard commercial or maintenance services less than $2,500). Any such arrangements shall provide that the grantee will retain ultimate control and responsibility for the grant project and that the contractor shall be bound by these grant conditions and any other requirement% applicable to the grantee In the conduct of the project. 22. Clean Air Act, in accordance with Presidential Executive Order 11602 and the provisions of the Clean Air Act, 42 USC 1857 et seq., as amended by P.L. 91.604, 1970, any grant may be terminated and expenditure of federal funds will be discontinued if at any time during the grant period the grantee has been convicted of an offense under the Clean Air Act Grantee may not contract with any party convicted under the Clean Air Act. Applicant certifies that it has not been convicted of any violation of the Clean Air Act. -23. Hatch Act. All persons funded by or contributing to this project agree to comply with Title 5, Chapter 15, Sections 1501 through 1503 and any amendments thereto, United Slates Code Annotated, more commonly known as the "Hatch Act" relating to political activities. 24. Release of Information. Pursuant to Section 521 of the Act, all records, reports, papers, and other documents kept by recipients of CJD funds, Including grantees and their contractors, relating to the receipt and disposition of such funds are required to be made available to CJD and LEAA, under the terms and conditions of the Federal Freedom of Information Act. i I Page 5C 25. Relocation assistance. In conformance with the requirements of the Uniform Relocation Assistance and Land Acquisitions Policies Act of 1970 (42 USC 4633), applicant hereby declares that this project will not result in the displacement of one or more persons, businesses, or farm operations, and that no real property shall be acquired for project purposes. It this declaration cannot be made, CJD will provide the applicant a Relocation Assistance Certificate that must be completed before consideration of the application. 26. Environmental impact. Any application for a grant involving: (a) construction, purchase, or alteration of facilities; (b) implementation of programs involving the use of herbicides and pesticides; or (c) other actions determined by the LEAA Regional Administrator to have a possibly significant effect on the quality of the environment must Include either a draft environmental statement as required by Section 102(2)(c) of the National Environmental Policy Act or a declaration that the proposed action will not have a significant impact on the environment. 27. Historic silts In any grant project involving construction, renovation, purchasing, or leasing of facilities the grantee shall consult with the state liaison officer for historic preservation to determine whether the undertaking may have an effect on properties listed in the National Register of Historic Places. If the undertaking may have an adverse effect on the listed program properties CJD must be notified before consideration of the application. 2 & Education support. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving CJD financial assistance with the exception of the qualifications set forth In Title IX, Section 901(A) of Public Law 92.318 (S6 Stat. 373). To validate this application, the following special items must be certified and agreed to by the applicant: Special Items Nonsupplanting requirement. In compliance with the requirement that federal funds, made available under Part C, Tittle I, Public Law 90 -351, as amended, be used "not to supplant state or local funds," this is to certify that the below described recipient of federal funds under Part C, Title 1, Public Law 90 -351, as amended, will use such funds to increase state or local funds that would, in the absence of such federal aid, be made available for law enforcement purposes. It is understood that the above certification by the financial officer will be required on the final report of expenditures and status of action grant funds. Assurance of compliance with Civil Rights Act of 1964. The applicant hereby agrees that it will comply and will insure compliance by Its contractors with Title VI of the Civil Rights Act of 1964 (Public Law 83 -352) and all requirements imposed by or pursuant to Regulations of the Department of Justice (29 CRF Part 42) issued pursuant to that title, to the end that no person shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. The grantee further will comply with and insure compliance by its contractors with Justice Department equal employ- ment regulation in federally assisted programs to the end that employment discrimination In such programs on the grounds of race, color, creed, sex, or national origin shall be eliminated. The grantee recognizes the right of the United States to seek judicial enforcement in Its contracts. Assurance of compliance with Title 28, Part 42, nondiscrimination; equal opportunity; Police and Procedures — Subpart E —Equal Opportunity Guidelines. The applicant hereby agrees that it has complied with the requirements of Subpart E and has filed the required certification and where applicable has on file a current affirmative action plan. Applicant's agreement. It is understood and agreed by the applicant that any grant received as a result of this application shall be subject to the above standard conditions, special items, and other policies and rules Issued by the Criminal Justice Division for administration of grant projects; all provisions under P.L. 90.351, as amended; and memoranda issued by CJD. Certified by: Signature R. Marvin Townsend Name . City Manager Title City of Corpus Christi Date: 1 -9 -76 Agency Form CJD-1 (111174) EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERTIFICATION certify that: LI This agency employs fewer than 50 people or has received or applied for less than $25,000 from Criminal Justice Division, therefore, the (criminal justice agency) is not required to file an equal opportunity program in accordance with 28 CFR 42.301 et seq., Subpart E. ❑ This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000, therefore, the has formulated an equal employment (criminal justice agency) opportunity program in accordance with 28 CFR 42.201, et seq., Subpart E if applicable, and that it is on file in the office of (name, address, title) forreview or audit by an official of the Criminal Justice Division, Office of the Govemoror the Law Enforcement Assistance Administration, as required by relevant laws and regulations. El Thic statp agency nr department has received LEAA funds from the Criminal Justice Divi- sion, Office of the Governor, therefore, the (criminal justice agency) has formulated an equal employment opportunity program in accordance with the Appro- priations Bill, 63rd Legislature, Regular Session and with 28 CFR 42.301 et seq., Subpart E if applicable, and that it is on file in the office of (name, address, title) for review or audit by an official of the Criminal Justice Division, Office of the Governor or the Law Enforcement Assistance Administration, as required by relevant laws and regulations. PROJECT TITLE GRANT NUMBER Official Authorized to Sign Application Project Director DATE DATE J TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI TEXAS ACADAY OF "A Ir FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESO4UTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE