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HomeMy WebLinkAboutResolution No. 2009-17 RESOLUTION NO. R2009-17 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS DESIGNATING THE MAYOR AS THE CITY'S REPRESENTATIVE IN SEEHING ELIGIBLE GRANT FUNDS UNDER THE FEDERAL EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF $19,848.00; AND AUTHORIZING THE SUBMISSION OF SUCH GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE,BUREAU OF JUSTICE ASSISTANCE. ]C X X X X WHEREAS, the City Council of the City of Friendswood, Texas hereby finds and determines that application for funding under the Federal Edward Byrne Memorial Justice Assistance Grant(JAG), is in the best interests of the citizens of the City; and WHEREAS, the City agrees that in the event of loss or misuse of any Federal grant funds, the City will return same to the U.S. Department of Justice, Bureau of Justice Assistance; and WHEREAS, the City Council hereby further finds and determines that the person serving as Mayor of the City is the appropriate individual to act as the City's authorized official, and as such should be given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The City Council of the City of Friendswood, Texas, hereby authorizes and approves the submission of a grant application, in substantially the same form as attached as Exhibit A, pursuant to the Edward Byrne Memorial Justice Assistance Grant Program, to the U. S. Department of Justice, Bureau of Justice Assistance. Section 3. The City Council hereby designates and appoints the Mayor if said City as the authorized official to apply for, accept, reject, alter, or terminate the grant on behalf of the City. PASSED,APPROVED,AND RESOLVED this 6th day of A ri12009. � David J. H. Smith Mayor ATTEST � � � loris McKenzie, T C City Secretary R2009-17 2 Page 1 of 2 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3.DATE RECEIVED BY STATE State Application Identifier Application Non-Construction 4.DATE RECEIVED BY Federal Identifier FEDERAL AGENCY S.APPLICANT INFORMATION Legal Name Organizational Unit City of Friendswood Police Department Address Name and telephone number of the person to be contacted on matters involving this 1600 Whitaker Drive application Friendswood, Texas '77546-4177 Price,Lisa (281) 996-3313 6.EMPLOYER IDENTIFICATION NUMBER(EIN) 7. TYPE OF APPLICANT 74-1493202 Municipal 8. TYPE OF APPLICATION 9.NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.804 CFDA TITLE: Recovery Act-Justice Assistance Grants-Localities VHS-to-Digital In Car Video Conversion Server Purchase 12.AREAS AFFECTED BY PROJECT City of Friendswood,Galveston and Harris County 13.PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: July Ol, 2009 End Date: June 30, 2010 a.Applicant b.Project TX22 TX14 15. ESTIMATED FLJNDING 16. IS APPLICATION SUBJECT TO Federal $19,848 REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? Applicant $0 State $p Program has not been selected by state for Local $� review Other $p Program Income $0 17. IS THE APPLICANT DELINQiJENT ON ANY FEDERAL DEBT? TOTAL $19,848 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA 1N THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 3/16/2009 Page 2 of 2 IASSURANCES IF THE ASSISTANCE IS REQUIRED. I Close Window https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do?print=yes 3/16/2009 Recovery Act: Edward Byrne Memorial lustice Assistance Grant(JAG) Formula Program Grants to Units of Local Territories CFDS 16.804 City of Friendswood Program Narrative (Attachment 1) This proposal will focus on one of the JAG purpose areas, Law Enforcement Programs. This purpose area seeks to prevent or reduce crime and violence through the following efforts: Law enforcement officers across Texas are working to maximize services as budgets remain flat or decline. With extremely tight state and local budgets, Byrne funding is essential in many instances for agencies to implement or enhance needed programs. Even so, financial resources to fund more personnel, equipment and supplies are not the only needs identified by criminal justice agencies. Innovative minds in all areas of criminal justice are exploring the uses ofi automation, computers and emerging technologies to reduce the time necessary to complete routine tasks, free up personnel for more important work and gain greater accountability. The transition from VHS to Digital format in car video cameras is the purpose of this proposal. These cameras can benefit and protect both officers and citizens. In-car cameras help ensure the ethical and fair application of the law during traffic stops and they deter assaults on officers. They also serve as a training tool and evidence during trials. At the same time,the complete digital transition will eliminate the recording problems with current VHS-based in car camera units. Repair costs associated with VHS in car systems have increased and the storage space needed to house the multitude of archived cassettes is running short. The ultimate goal is to equip all marked vehicles with in car digital video systems. The in car video systems continue to be a benefit for officers safety as well as producing valuable evidence for prosecution purposes. The ability to produce video that depicts the criminal activity of a defendant has enhanced the success rate of prosecution thus helping to keep known criminals out of the community. As the result of transitioning to digital in-car video systems, a means to effectively download the video is required. A high-speed download system for the Friendswood Public Safety Building will be purchased utilizing JAG funding. This system wil) facilitate the high-speed transfer of video from the in-car video systems to a storage server. Using Mobile Vision's technology, an officer arrives back at the station and the Mobile Vision server recognizes the car—and the relative priority of the video files contained in that unit— and balances the upload up to the server across all access points. This enables many cars to upload data simultaneously. The upload from the car to the server is done via secure 802.11 (WiFi) wireless networks,thereby greatly reducing the risk that a defense attorney will make an assertion of a hole in the evidence chain. To this end,this proposal focuses on the elimination of manual storage of video cassettes replaced with a dedicated server that stores the video digitally. Additionally,this will provide a simple, point and click interface that enables users to Recovery Act: Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program Grants to Units of Local Territories CFDS 16.804 City of Friendswood access, manage and build multi-media case files in minutes. Files are accessed via a standard PC connected to the local Intranet. Secure access is managed by the system administrator and the integrated software system creates a chain of custody report that details all activity for a video or case file. Initially, the proposed solution,which establishes a system for digital storage and retrieval of in car video now manually processed, will enhance communication and data sharing between the Friendswood Police Department,the Galveston County District Attorney's Office and the Harris County District Attorney's Office. The quantifiable, immediate benefit realized will be in the form of increases in cases closed and filed for prosecution. ■ The cost saving for VHS tapes and storage ■ Increased number of cases closed and filed for prosecution The long-term goal of this proposal is to have a system of this sort accessible to every Friendswood Patrol Unit. It will provide adequate resources for the proper management, storage, and retrieval mechanisms in hardware and software. Output Measures Performance Indicator Performance Measures Target Amount of funds expended on Amount of funds awarded to equipment/supplies during the reporting purchase equipment or supplies 100% period Types of equipment/supplies purchased Indicate the types and amount with JAG dollars during the reporting of equipment/supplies �n-Car Digital period purchased with JAG funds Video Camera during the reporting period Server Accounting Practices Consistent with the special purposes and goals of the Recovery Act, and its strong emphasis on accountability and transparency, all funds from the Recovery Act grant will be tracked, accounted for, and reported on separately from all other funds (including DOJ grant funds from non-Recovery Act grants awarded for the same or similar purposes or programs). We are prepared to track and report on the specific outcomes and benefits attributable to use of Recovery Act funds. The accounting system ensures that funds for any award under this Recovery Act solicitation are not commingled with funds from any other source. The accounting system completely and accurately tracks the receipt and disbursement of funds by each grant and funding source. It also provides for the recording of actual costs compared to budgeted costs for each budget line item. All accounting entries and payments are supported by source documentation. 2 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program Grants to Units of Local Territories CFD516.804 City of Friendswood Project Plan Activity July August September October 2009 2009 2009 2009 Equipment selection Equipment purchase Equipment delivery Equipment installation Equipment configuration Programmatic and Financial Report Full system implementation complete Grant Close Out Outcome Measures Performance Indicator Performance Measures Target Percentage of criminal justice staff who a. Number of staff who reported reported improved efficiency in their job improved efficiency in job performance as a result of equipment or performance during the reporting 100% supplies purchased by JAG funds period. b. Number of staff Percent a/b Percentage of criminal justice staff who a. Number of staff who reported reported increase in program quality as a an increase in program quality result of equipment or supplies purchased during the reporting period. 100% by JAG funds b. Number of staff Percent a/b 3 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program Grants to Units of Loca)Territories CFDS 16.804 City of Friendswood Budget and Budget Narrative (Attachment 2) Equipment Item Computation Cost Digital Video System Server, Storage and Distribution System, 1.00 @ $14,016 $14,016 DVM Backup/Archiving Station, Solution Configuration and Wireless Access Point Extended Storage Server, 2.6 Terabytes 1.00 @ $5,832 $5,832 TOTAL $19,848.00 Budget Summary Budget Category Amount A. Personnel $0.00 B. Fringe Benefits $0.00 C. Travel $0.00 D. Equipment $19,848.00 E. Supplies $0.00 F. Construction $0.00 G. Consultants/Contracts $0.00 H. Other $0.00 Total Direct Costs $19,848.00 I. Indirect Costs $0.00 TOTAL PROJECT COSTS $19,848.00 Federal Request $19,848.00 Non-Federal Amount $0.00 4 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program Grants to Units of Local Territories CFDS 16.804 City of Friendswood Review Narrative (Attachment 3) Date that the JAG application was made available for review by the applicant's governing body: April 2, 2009 This application was made public and,to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations on April 6, 2009. 5 Recovery Act: Edward Byrne Memoriai Justice Assistance Grant (JAG) Formula Program Grants to Units of Local Territories CFD516.804 City of Friendswood Abstract (400-500 words) (Attachment 4) Applicant's Name: City of Friendswood Title of the project: VHS-to-Digital In-car Video Conversion Server Purchase Goals of the project: Initially, the proposed solution,which establishes a system for digital storage and retrieval of in car video now manually processed,will enhance communication and data sharing between the Friendswood Police Department,the Galveston County District Attorney's Office and the Harris County District Attorney's Office. The quantifiable, immediate benefit realized will be in the form of increases in cases closed and filed for prosecution. Description of the strategies to be used: Improvement of criminal justice systems through advanced technology and automation of records. Major Deliverables: Digital Video System Server, Storage and Distribution System, DVM Backup/Archiving Station, Solution Configuration,Wireless Access Point and 2.6 Terabytes of extended storage capability. Coordination plans: Implementation of the JAG Program in Friendswood will be a cooperative effort among local and county agencies working to improve the efficiency and effectiveness of the criminal justice system. Services provided by these grant funds will primarily address local law enforcement initiatives. 6 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program Grants to Units of Local Territories CFD516.804 City of Friendswood Certifications (Attachment 5) � U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act—Justice Assistance Grant (JAG) Program Certification as to Recovery Act Reporting Requirements On behalf of the applicant entity named below, I certify the following to the Office of Justice Programs, U.S. Department of Justice: I have personally read and reviewed the section entitled "Accountability and Transparency under the Recovery Act" in the program announcement for the Recovery Act grant program identified above. I have also read and reviewed section 1512(c) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), concerning reporting requirements for grants. I agree that the applicant will comply with the reporting requirements set forth therein with respect to any grant the applicant may receive under the Recovery Act grant program identified above. I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S.C. § 1001. I also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant entity(that is, the entity applying directly to the Office of Justice Programs). Signature of rtifying Official David J.H.Smith Printed Name of Certifying Official Mayor Title of Certifying Official City of Friendswood Full Name of Applicant Entity April 6,2009 Date OMB No.1121-0323 14 Approval Expires 9I30/2009 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act—Justice Assistance Grant(JAG) Program General Certification as to Requirements for Receipt of Funds for Infrastructure Investments On behalf of the applicant State or unit of local government(including tribal government) named below, I certify the following to the Office of Justice Programs ("OJP"), U.S. Department of Justice: I have personally read and reviewed the section entitled "Eligibility" in the program announcement for the Recovery Act grant program named above. I also have personally read and reviewed section 1511 of the American Recovery and Reinvestment Act of 2009 (the"Recovery AcY'), which requires a specific certification prior to receipt of Recovery Act funds for infrastructure investments. itial the sfatement that applies: !` `�The applicant identified below does not intend to use any portion of any funds received under this Recovery Act grant program for any infrastructure investment. Shouid this intention change, the applicant will promptly notify OJP, and (except to the extent, if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law)will not draw down, obligate, or expend any funds received under this Recovery Act program for any infrastructure investment project until section 1511 of the Recovery Act has been satisfied, and an adequate project-specific certification has been executed, posted, and submitted to OJP. The applicant identified below does intend to use some or all of any funds received under this Recovery Act grant program for one or more infrastructure investment projects. Except to the extent, if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law, I agree that the applicant entity will execute, post, and submit to OJP, prior to obligating, expending, or drawing down funds for such project, a project-specific certification that satisfies all of the requirements of section 1511 (including execution by the Governor, mayor, or other chief executive, as appropriate)for each such infrastructure investment project. OMB No.1121-0323 15 Approval Expires 9/30/2009 Page 2 of 2 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS General Certification as to Requirements for Receipt of Funds for Infrastructure Investments I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S.C. § 1001. I also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant(that is, the governmental entity applying directly to the Office of Justice Programs). ignature of Certifying Official David J.H.Smith Printed Name of Certifying Official Mayor Title of Certifying Officiai City of Friendswood Full Name of Applicant Government Entity April 6,2009 Date OMB No.1121-0323 16 Approval Expires 9/30I2009 Assurances Page 1 of 1 NOTE•You must click on the"Acce�t" button at the bottom of the paqe before closing this window OMB APPROVAL NUMBER �,� 1121-0140 EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21,A-87,A-102,A-110,A-122,A-133; Ex. Order 12372(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements).The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost)to ensure proper planning, management, and compietion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizationai conflict of interest, or personai gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. '4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38,42, 61, and 63, and the award term in 2 C.F.R.§ 175.15 (b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. §470), Ex. Order 11593(identification and protection of historic properties),the Archeological and Historical Preservation Act of 1974(16 U.S.C. §469 a-1 et seq.), and the National Environmental Policy Act of 1969(42 U.S.C. §4321). 6. It wiil comply (and will require any subgrantees or contractors to comply)with any applicable statutorily-imposed nondiscrimination requirements,which may include the Omnibus Crime Controi and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act(42 U.S.C. § 10604(e));The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §5672(b)); the Civil Rights Act of 1964(42 U.S.C. §2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94);the Americans with Disabilities Act of 1990(42 U.S.C. § 12131-34); the Education Amendments of 1972(20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§6101-07); see Ex. Order 13279(equal protection of the laws for faith-based and community organizations). 7. If a governmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §4601 et seq.),which govern the treatment of persons dispiaced as a result of federal and federally-assisted programs;and b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and§§7324-28, which limit certain politicai activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Accept � — https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&status=N&id=1 3/11/2009 Certifications Page 1 of 2 NOTE•You must click on the"Accept" button at the bottom of the page before closing this window hl>U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS;AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69,"New Restrictions on Lobbying,"2 CFR Part 2867, "DOJ Implementation of OMB Guidance of Nonprocurement Debarment and Suspension,"and 28 CFR Part 83,"Government- wide Debarment and Suspension,"and Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69,for persons entering into a grant or cooperative agreement over$100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions; (c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants, contracts under grants and cooperative agreements, and subcontracts)and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867,for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a): A. The applicant certifies that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions(Federal, State, or local) terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F,for grantees,as defined at 28 CFR Sections 83.620 and 83.650: https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=certify&status=N&id=2 3/11/2009 Certifications Page 2 of 2 A.The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlied substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1)The dangers of drug abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation, and employee assistance programs; and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will (1)Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing,within 10 calendar days after receiving notice under subparagraph (d)(2)from an empioyee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title,to: Department of Justice, Office of Justice Programs,ATTN: Control Desk, 810 7th Street, N.W.,Washington, D.C.20531. Notice shall include the identification number(s) of each affected grant; (fl Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted (1)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e), and (fl. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Accept https://grants.ojp.usdoj.gov/gmsexternaUdisplayAssurancesTextAction.st?method=certify&status=N&id=2 3/11/2009 GMS Application#2009-F3587-TX-SB COPY Interlocal Governmental Agreement Between the County of Galveston,the City of Galveston, City of LaMarque, City of Texas City, City of Hitchcock, City of Friendswood, City of Dickinson, City of Santa Fe and the City of League City Recovery Act: Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program This Interlocal Governmental Agreement is entered into in accordance with Chapter 791 of the Texas Government Code. It is by and between the County of Galveston, the City of Galveston, City of LaMarque, City of Texas City, City of Hitchcock, City of Friendswood, City of Dickinson, City of Santa Fe and the City of League City. Its purpose is to agree to apply for the joint allocation of the Recovery Act: Edward Byrne Memorial Justice Assistance Grant award of $623,245. Whereas,the County of Galveston, acting on behalf of itself and the other parties, has under joint application No: 2009-F3587-TX-SB applied for and agreed to act as fiscal agent for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant in the amount of$623,245; and Whereas, each of the parties finds that the performance of this Agreement is in their best interest, that the undertaking of this Agreement will benefit the public, and that the equal division of the JAG award fairly compensates each party for the services or functions they are to render; and Now, Therefore,the Parties Agree as Follows: Section 1. County, as fiscal agent, agrees,within 45 days of the date of receipt of the Recovery JAG funds in the amount of$623,245 to forward to the Cities their respective share of the grant award. The County will retain the balance of the funds. Section 2. The funds each party receives will be used for the purposes set forth in the Program Narrative attached hereto as Attachment 1. 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. But, nothing in this Agreement shall be construed to waive the Joint Recovery JAG application GMS Application#2009-F3587-TX-SB � doctrine of sovereign or other form of immunity of any party. Nor shall this Agreement be construed to be for the benefit of or create any rights in any party not a signatory hereto. Section 4. The parties do not intend to create any obligations express or implied other than those set out herein. Executed effective this day of , 2009. County of Galveston Attest: James D.Yarbrough Mary Ann Daigle County Judge County Clerk City of Texas City Attest: Matthew T. Doyle Pam Lawrence Mayor City Secretary City of Galveston Attest: Lyda Ann Thomas Barbara Lawrence Mayor City Secretary City of LaMarque Attest: Sill Charbonneau David G Pennington Mayor City Secretary Joint Recovery JAG application .���..��...���.. ������.�.�..�� � GMS Application#2009-F3587-TX-SB City of Hitchcock Attest: Lee A Sanders Rose Marie Theiler Mayor City Secretary City of Friendswood Attest: .�oF FR�ENps`L �•��- � o avid ith Melinda K. Welsh Mayor Deputy City Secretary����a9 * * cf�d,�r� oF ���Py City of Dickinson Attest: Julie Masters Carol L.McLemore Mayor City Secretary City of Santa Fe Attest: Ralph Stenzel Janet L Davis Mayor City Secretary City of League City Attest: Toni Randall Barbara F. Long Mayor City Secretary Joint Recovery JAG application