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HomeMy WebLinkAboutRES 12-118 RESOLUTION NO. 12-118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $106,242 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an interlocal agreement to reallocate funds in the amounts of$31,959 to the City of Port Arthur and $15,937 to Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2012. ayor Becky Ames - 1+ Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 July 31,2012 Chief James P.Singletary City of Beaumont 801 Main Street P.O. Box 3827 Beaumont,TX 77701-3548 Dear Chief Singletary: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant(JAG)Program Local Solicitation in the amount of$106,242 for City of Beaumont. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,Shauna D.Connolly,Program Manager at(202)353-0019;and Financial Questions,the Office of the Chief Financial 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, Denise O'Donnell Director Enclosures ? s Department of Justice Office of Justice Programs Office for Civil Rights Washington,D.C. 20531 July 31,2012 Chief James P.Singletary City of Beaumont 801 Main Street P.O. Box 3827 Beaumont,TX 77701-3548 Dear Chief Singletary: 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(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(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.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations.In general,the regulation,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 http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment.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. 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 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional requirements:(1)complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§42.205(5)or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.B,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 For-in can be found at http://www.ojp.usdoj.gov/ocr/ceop.htm. If your organization received an award for less than$25,000;or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is exempt from the EEOP requirement.However,your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form 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 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 http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst t � Department of Justice Office of Justice Programs PAGE 1 OF 6 Grant Bureau of Justice Assistance 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2012-DJ-BX-0253 City of Beaumont 801 Main Sbw P.O. Box 3827 5.PROJECT PERIOD:FROM 10101/2011 TO 09/30/2015 Beaumont,TX 77701-3548 BUDGET PERIOD:FROM 10101/2011 TO 09/30/2015 6,AWARD DATE 07/31/2012 7.ACTION IA.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 746000279 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $106,242 Beaumont City,Port Arthur City&Jefferson County FY 2012 JAG Project 11.TOTAL AWARD $106,242 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI2(BJA-JAG)42 USC 3750,et seq. I5.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O Donnell James P.Singletary Director Chief 17.SIGNATURE OF APPROVING OFFICIAL 19.SI ATURE OF AUTHO D RECIP ENT OFFICIAL 19A.DATE AGENCY USE Y 20,ACCOUNTING CLASSIFICATION CODES 21. LDJUGT1173 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 106242 OR FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OR FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0253 AWARD DATE 07/31/2012 SPECIAL CONDMONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide. 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 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 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.gov/oig. 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 for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. Qr OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0253 AWARD DATE 07/31/2012 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration(CCR)and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number. The details of recipient obligations are posted on the Office of Justice Programs web site at http:/Iwww.ojp.gov/fundingtccr.htm(Award condition:Central Contractor Registration and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is available at www.ojp.gov/funding/confcost.htm. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://www.ojp.gov/fundingtffata.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own operate in his or her name). 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award,including such use being consistent with the conditions of the award,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 Part 70 and 2 C.F.R.Part 215(OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report,SF 425. �1 OJP FORM 4000/2(REV.4-88) t + Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE a OF 6 Grant PROJECTNUMBER 2012-DJ-BX-0253 AWARD DATE 07/31/2012 SPECIAL CONDITIONS 15. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,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,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 will 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 met. 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 area,including properties located within a 100-year flood plain,a wetland,or habitat for 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 closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or 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://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: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. 16. 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 jurisdictions,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. 17. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOTs Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp.gov/gsp_grantcondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. q� OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0253 AWARD DATE 07/31/2012 SPECIAL CONDITIONS 18. 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 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 Federal Financial Report(SF425). 19. JAG funds may be used to purchase bulletproof vests for an agency,but may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. 20. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG fculds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases.This policy must be in place for at least all uniformed officers before any FY 2012 JAG funding can be used by the agency for bulletproof vests.There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 21. Bulletproof vests purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards.In addition,bulletproof vests purchased with JAG funds must be American-made.The latest NIJ standard information can be found here:http://www.nij.gov/topics/technology/body-armor/safety-initiative.htm. 22. 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.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. 23. 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.it.ojp.gov/default.aspx?area=policyAndPmctice&page=i 046. 24. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal 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 Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-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- based organizations may,in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/abouttocr/equal_fbo.htm. 25. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 6 Grant PROJECT NUMBER 2012-DJ-BX-0253 AWARD DATE 07/31/2012 SPECIAL CONDITIONS 26. 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. 27. 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. 28. The recipient agrees that funds received under this award 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. 29. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(baps://grants.cjp.usdcj.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 BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG 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. 30. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-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. 32. The grantee agrees that within 120 days of award acceptance,each member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(intemet-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 award,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 liberties/rights,task force performance measurement,personnel selection,and task force 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). 33. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 34. 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 and/or community notification requirements have been met and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Beaumont 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 NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior 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 for 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 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 methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see http://www.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. f � Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2012-DJ-BX-0253 This project is supported under FYI2(BJA-JAG)42 USC 3750,et seq. 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Shauna D.Connolly Jason Plunkett (202)353-0019 Lieutenant P.O.Box 3827 Beaumont,TX 77704-3548 (409)880-3801 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS ON REVERSE) BJA FY 12 Edward Byrne Memorial Justice Assistance Grant(JAG)Program 4.TITLE OF PROJECT Beaumont City,Port Arthur City&Jefferson County FY 2012 JAG Project 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Beaumont 801 Main Street P.O. Box 3827 Beaumont,TX 77701-3548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2011 TO: 09/30/2015 FROM: 10/01/2011 TO: 09/302015 9.AMOUNT OF AWARD 10.DATE OF AWARD S 106,242 07/312012 11.SECOND YEAR'S BUDGET 12.SECOND YEARS BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15,SUMMARY DESCRD'TION OF PROJECT(See instruction on reverse) The Edward Byme Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a bra range of activities to prevent and control crime based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;and 7)crime victim and witness programs(other than compensation). The city of Beaumont,the city of Port Arthur,and the county of Jefferson will support criminal justice initiatives.JAG funds will be used to purchase law enforcement equipment and supplies.The goal is to improve criminal justice services.NCARJCF OJP FORM 400012(REV.4-88) f GMS Application Number 2012-H2711-TX-DJ Resolution No. 12-118 The State of Texas )( County of Jefferson )( City of Beaumont,Texas )( Know All by These Present City of Port Arthur,Texas )( Inter-Local Agreement Between the County of Jefferson,Texas; City of Beaumont,Texas; and City of Port Arthur,Texas 2012 Edward Byrne Justice Assistance Grant(JAG)Program Award A This Agreement Is made and entered into this 2d day of •)v-t 2012,by and between The County of Jefferson,Texas acting by and through Its governing body,the Commissioners Court; the City of Beaumont,Texas acting by and through its governing body,the City Council; and the City of Port Arthur,Texas acting by and through its governing body,the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for 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 all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is$106,242; and the City of Beaumont,Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County,Texas$15,937 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $58,346 to the City of Beaumont,Texas, and$31,959 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE,Jefferson County,Texas,the City of Beaumont,Texas,and the City of Port Arthur,Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $15,937 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $58,346 to the City of Beaumont,Texas; and$31,959 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2015. The City of Beaumont, Texas agrees to use the funding for the Technology Enhancement Program until 2015. The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until 2015. A GMS Application Number 2011-H1120-TX-DD Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create 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. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas CITY MANAGER City of Port Arthur,Texas CITY MANAGER Jefferson Coun Texas COU JUDGE "By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). 2