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HomeMy WebLinkAboutC2010-365 - 9/14/2010 - Approved* r Y T ~ ~ 1 1 Department of Justiee ~ r ~a,~ Office of Justice Programs r, Bureau of justice Assistance Office of Justice Programs Washington, D. C. 20531 August 23, 2010 Mr. Angel Escobar City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78401 Dear Mr. Escobar: On behalf of Attorney Genera] Eric Holder, it is my pleasure to inform you that the Office of justice Programs has approved your application for funding under the FY 10 Edward Byrne Merrrorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $247,696 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to al] administrative and financial requirements, including the timely submission of a[1 fmancia] and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the ternns of this agreement and the award will be subject to termination far cause or other administrative action as appropriate. Ifyeu have questons regarding this award, please contact: - Program Questions, Esmeralda G Womack, Program Manager at (202} 353-3450; and - Financial Questions, flee Office of the Chief Financia! Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, James H. Burch II Acting Director Enclosures 2010-3b5 M20i0-208 09/14/10 US Dept. of Justice INQ~~ Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. 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 19b8, 42 U.S.C. § 3789d(c}, or other Federal grant program requirements, must meet two additional requirements:(1)ccmplying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.2D2(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. b in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must cornply with the following ESOP reporting requirements: Ifyour organization has received an award for $500,000 or more and has 50 ar more employees (counting bath full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within d0 days from the date of this letter. For assistance in developing an EEOP, please consult DCR's website at httpa/www.ojp.usdoj,gov/ocr/eeop.htm. You may also request technical assistance from an ESOP specialist at OCR by dialing (202) 6 i6-3208. Ifyour organization received an award between $25,OD0 and $500,000 and has 50 or more employees, your orgaruzatioa still has to prepare an ESOP, but it does riot have to submit the EEOP to OCR far 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 5ectinn B of the Certification Form and return it to OCR. The Certification Form can be found at http:l/www.ojp.usdoj.govlocrleeop.htm. Ifyour organization received an award for less thaw $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 ESOP requirement. However, your organization must complete Section A of the Certifcation Form and return it to OCR. The Certification Fornr can be found at http://www.ojp.usdoj.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 fmding 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 Subreelpients Ifyour organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with al! of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Biscrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standazd 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 hripa/www.ojp.usdoj.govlocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Pro erns i ~"°'"~ Office for Civil Rights Washington, RC. 20531 August 23, 2610 Mr. Angel Escobar City of Corpus Christi 1201 Leopard Street P.O. Bax 9277 Corpus Christi,'1'7~ 7$401 Dear Mr. Escobar: 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 ofjustice is responsible for ensuring that recipients of financial aid from OJP, its component nffces and bureaus, the Office on Violence Against Women (OVW), 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 (E,EP) Individuals Tn 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 far persons with limited English proficiency (I.EP). 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.lep.gav. Ensuring Equal Treatment for Faith-Based Organizations The Department of justice has published a regulation specifically pertaining to the funding of faith-based orgatuzations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing far Equal Treatment of all justice Department Program Participants, and known as the Equal Treatment Regulation 2$ 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. White 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 httpa/www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also Hate 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. Despite these nondiscrimination provisions, the justice Department has concluded that the Religious Freedom Restoration Act (RFRA} is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Department of Justice ~ ~~ Office of Justice Programs Bureau of.Iusticetlssistance Washirsgion, D. C. 10531 Memorandum Ta: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program {JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEFA and other related federal environmental impact analyses requirements in the use of grant funds, whether the fluids are used directly by the grantee or by a subgrantee or third parry. Accordingly, priar to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat far endangered species, or a property listed on or eligible for listing on the National Register of Historic PIaces; c. A renovation, lease, or any proposed use of a building or facility that will either {a) result in a change in its basic priar use or (b) significantly change its size; 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; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamineloboratory operations, the preparation of a detailed Mitigation PIan will be required. For more information about Mitigation PIan requirements, please see htip:/Iwww.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Departrnent of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Tustice Assistance ~..~ Grant PRO.IECT NUMBER PAGE 1 OF I 2010-DJ-BX-0851 This project is supported under FY10 (BJA -JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Esmeralda C. Womack (202) 353-345D 3a. TITLE OF THE PROGRAM FY 2010 Justice Assistance Grant Program 4, T1TLE OF PROTECT Law Enforcement Equipment and Hiring Project 2. PROTECT DIRECTOR (Name, address & telephone number) Pat Eldridge Police Administration Manager P. O.BOX 9277 Corpus Christi, TX 78469-901b {361}666-2696 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF STJBGRANTEE City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Cltrssti, TX 78401 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/Dll2pp9 TO: 09/30/2013 FROM: 10/0]!2009 TO: 09I3012D13 9. AMOUNT OF AWARD ] 0. DATE OF AWARD $ 247,696 08/23/2010 1 L SECOND YEAR'S BUDGET l2. SECONb YEAR'5 BUDGET AMOUNT l3. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instmctien on reverse) The Edward Byrne Memorial Tustice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and Coca] needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, paining, personnel, equipment, supplies, contractuaE support, and information systems for criminal justice, including for any one or mare of the following purpose areas: 1) law enforcement programs; 2) prosecution and court pmgrarns; 3) prevention and education programs; 4) corrections and community corrections prograts; 5} drug treatment and enforcement programs; 6}planning, evaluation, and technology improvement programs; aad 7) crime victim and wimess programs (other than compensation). The city of Carpus Christi and Nueces County aze listed as disparate jurisdictions under the FY 2010 JAG Local Program. The city will serve as the fiscal agent to administer JAG funds. Each jurisdiction will fund law enforcement projects. OJP FORM 400012 (REV. 4-88) T]epartment of justice Office o£Justioe Programs a Bureau of Justice Assistance ~.;. Grant PAGE I OF 5 L RECIPCENT NAME AND ADDRESS (Including Zip Cade} 4, AWARD NUMBER: 201p-pJ-BX-0651 City of Corpus Christi 1201 Leopazd Street P.O. Box 9277 S. PROJECT PERIOD: FROM 10/61/2009 TO 0913012D13 Corpus Christi, TX 78401 BUDGET PERIOD: FROM ]0!0112009 TO D913012013 6. AWARD DATE 08/2312010 7. ACTION lA, GRANTEE IItS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 74fi066576 00 9. PREVIOUS AWARD AMOUNT $ 6 3. PROJECT TITLE 16. AMOUNT OF THIS AWARD $ 247,696 Law Enforcement Equipment and Hiring Project 11. TOTAL AWARD $ 247,646 12. SPECIAL CONDITIONS THE ABOVE GRANT PROTECT [S APPROVED SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY10 (BJA - !AG) 42 USC 3750, et seq. A 5. METHOD OF PAYMENT OPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICLSL 1 S. TYPEp NAME AND TITLE OF AUTHORIZED GRANTEE OFFICL4L lames H. Burch I] Angel Escobar City Manager Acting pirector 17. SCGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE ~~~~~ Y ~ ~d /0 AGENCY USE Y 26. ACCOUNTING CLASSIFICATION CODES 21. JDJUGT1790 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B D7 80 00 00 247696 ~O O ~ ~ ~ ~ORM~~ n OJP FORM 4000!2 (REV. 5-87}PREVIOUS EDITIONS ARE OBSOLETE. ` ~ co~~c~L .,.~.:~,,~~. ~ . OJP FORM 400012 (REV. 4-88) .mow" r.7~w ~ SEC~tET1iR'~' ~~ Departmtent of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance ~ SHEET PACxE 2 OF S ~~ Grout PROJECT NUMBER 2010-t7J-L3X-0851 AWARD DATE 0 812 312 0 1 0 SPECIAL CONI}ITIONS 1. The recipient agrees to comply with the fnancial and administrative requirements set forth in the current edition of the Office of justice Programs (OJP) Financial Guide. 2. The recipient aclasowledges 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 far Civil Rights, is a violation of its Certified Assuzances and may result in suspension or termination of funding, anti! such time as the recipient is in eampGance. 3. The recipient agrees to comply with the organizational audit requirements of OIvIB Circulaz A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any} Pram OMB Circular A-133 audits (and any other audits of OJF grant funds) are not satisfactorily and promptly addressed, 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 recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of justice Investigations Division 95D Pennsylvania Avenue, N.W. Room 4706 Washington,l7C 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800} 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.govloig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations fur Reform Now (ACORN) or its subsidiaries, without the express prior written apgrova[ of OJF. 7. The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance period if the agency determines that the recipient is a high-ris[t grantee. Cf. 28 C.F.R. parts 66, 70. 1 ht 4J~' t eJ'C~~ oJP FORIvt aaoolz (REV. a-aal Department of Justice ,~_ Office of Justice Programs AWARI} CONTINUATION ~ Bureau of Justice Assista~tce SHEET PAC,& 3 of s Grant PR03ECT NDNtSER 2010-D7-BX-0851 AWARD DATE Q8l2312010 SPECIAL CONDITIDNS 8. To support public safety and justice information sharing, OJP requires the grantee to use the National information FxnhanaP Mnrtrl fN1FM1 enarifinafinnc an.i m,i.tal:., po f.,. rk.e ,...a:...,1.... ..^,,..• rte.. ....E...Ta _--r-i:..i __~ __i__ ~ ... ............... b...-..~ .....,...... .,,..... yu....o.. r......,awn~. available without restriction all schemes 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 httpa/www.niem.gov/implementationguide.php. 9. Tn 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 13JA that this requirement would not be cast effective or would impair the functionality of an existing ar proposed IT system. 10. The grantee agrees to comply with the applicable requirements of 2$ C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment far Faith Based Organizations" (the "l;qual Treatment Regulation"), The Equal Treatment Regulation provides in part that Department of justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Depamnent of justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- basedorganizations may, in some circumstances, consider religion as a basis for employment. See http;/Iwww.ojp.govlabouUocr/equal_fbo.htm. 11. The recipient acknowledges that a[I programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 12. 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 the regulation. Should any violation of 28 C.P.R. Part 23 occur, the recipient maybe fined as per 42 U.S.C. 37$4g(c)-(d). Recipient may not satisfy such a fine with fedora] funds. 13. 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 governments] 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 httpa/vuww.it.ojp.govldefault.aspx?area°palicyAndPracgce&page=1046. 14. 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 approvaE, if appropriate, and subject informed consent. 15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37848 and 28 C.F.R. Fart 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. ,~ 07P FORME 4000YL (REV. 4-88) Department of Justice _ Office of Justice Programs ~ Bureau of Justice Assistance ~'«.';~' PROTECT NIfMHER 2010-Dr SX-0851 AWARD CONTINUATION SHEET Grant AWARD DATE OBl2312p10 SPECI~IZ CONDITIONS PAGE 4 OF 5 16. The grantee agrees to assist BJA in complying with the Nations] Environmental Policy Act (NEPA), the Nations[ Historic Preservatien Act, and other related federal envirotmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities wi[! be funded by the grant, the grantee agrees to contact BJA. 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 rnet. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive azea, including properties located within a 1 DO-year flood plain, a wetland, or habitat Far endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 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; 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; and e. implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or c[nsure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Envirorunenta[ Assessment andlor an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:l/www.ojp.usdoj.govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: Far any of the grantee's or its subgrantees' existing programs yr 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. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient else agrees to obligake 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 fine! submissien of the Federal Financial Report (SF-425). 18. The recipient agrees that funds received under this awazd will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. OJP FORM 400012 (REV, 4-$8) Department of Justice Office of Justice Programs AWARD CONTINUATION ~ ~ Bureau of Justice Assistance SHEET PAG$ s aF s Grant PROJECTNIIN~BER 2l]]0-D7-8X-0851 AWARD DATE 06123I2Q10 SPECItIL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF-425} and annual performance reports through GMS (https://grants.ojp.usdoj.gov}, Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L, 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through SJA's Performance 1vleasurement Toal (PMT} website (www.bjaperformancetaols.org). Far more detailed information on reporting and other JAG requirements, refer to the 7AG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20, Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and a-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a [aw enforcement task force funded with these funds who is a task farce commander, agency executive, task force officer, or other task force member of equivalent rank, wi[1 complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org}. All current and new task force members are required to complete this training once during the life of the awazd, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil ]ibertieslrights, task farce performance measurement, personnel selection; and task farce oversight and accountability, Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force integrity and Leadership (www.ctfli.org). 22. Recipient may not expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 23. Recipient may not expend or drawdown funds until the Bureau of justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review andlor community notification requirements have been met and has issued a Grant Adjushnent Notice (GAN} releasing this special condition. oip EoRna aaoolz ~v. a-ss} The city of Corpus Christi will provide its police department with needed law enforcement equipment such as: body armors, crime reporting software, light sources, recording devices, rifle plates, digital cameras, etc. The Nueces County Sheriffs Office will utilize its portion of JAG funds to fund a drug prosecutor (salary and fringe} including a tracer computer and replacement (vehicle) 3aptops. These equipment items address the key priority of Smart Policing -providing the tools necessary for efficient patrol response, as welE as, enhanced forensic investigations. NCA/NCF ao t o ov~i~ GMS APPLICATION NUMBER o~61 d ~ ~~ gS~a~ T?C- ~~ THE STATE Of TEXAS KNOW ALL BY THESE PRESENT COUNTY oi= NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY ©F NUEGES, TEXAS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT JAG} PROGRAIVI FY 2010 LOCAL 50LICITATION AWARD This agreement is made and entered into this ~~~~ day of Mai , 2010, by and between the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter re€erred to as CITY, and the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter refierred to as COUNTY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.Ot 1(a}, Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying far the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of cos#s fairly compensates the performing party for the services yr functions under this agreement; WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50°/Q} of the eligible individual allocation of funds received for CITY and COUNTY from the JAG award, currently estimated to be $123,848; WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG fonds. GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a fatal of fifty percent (54%), or a curren# estimate of $123,88, of the ,lAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent X50%}, or a carrent estimate of $123,848, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between Qc#ober 1, 2~1A to September 30, 2014. Sec#ion 3. Nothing in the performance of this Agreement shall impose any liability for claims agains# COUNTY other than claims for which liability may be imposed by the Texas Tart Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liabiiity may be imposed by the Texas Tort Claims Ac#. Section 5. Each party to this Agreement wil! be responsibie for its own actions in providing services under this Agreement and steal! not be liable for any civil liability that may arise from the famishing of the services by the other party. Sec#ion 6. The parties to this Agreement do not intend far any third party to obtain a right by virtue ofi this Agreement. Section 7. By entering into this Agreement, the parties do not intend to crea#e any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER CITY C3,F CORPUS CHRISTI ,~' ~~ `A el R. Escobar C ty Managerr ~ ~~1 ~ti Date ^. ATTE Armando Chapa City Secretary D Date APPROVED AS TO FORM: .• T. rlsha Dang Assistant City Attorney ~u~ ~ r~ ~ 2~ ~~ Date . ~'~,~ AUTt~iRt2f p Hr ~vUHCII....~e,[2~~ ~1.~•^f ^ s ~~~, COUNTY F NUECES K Sa uel L. Neal, Jr. County Judge t.5gi0N~ May Date zb> zoio ~C~ ~a ~~~~ a ~.t.pu~ County Clerk Date Laura Garza .time County Attorney £~ ~ ~ ~ ~ to