R2010-134 - 2010-10-11ATTEST:
O
YO G L•'1 t,
CI SEC TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2010 -134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING THE BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA
COUNTY AND THE CITY OF ANGLETON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council of the City of Pearland hereby accepts the Byrne
Memorial Justice Assistance Grant for law enforcement resources.
Section 2. That certain interlocal agreement by and between the City of Pearland,
Brazoria County and the City of Angleton, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an interlocal agreement with Brazoria County and the City
of Angleton.
PASSED, APPROVED and ADOPTED this the 1 1 91 day of October, A.D., 2010.
TOM REID
MAYOR
g
ANG
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND CITY OF ANGLETON AND COUNTY OF BRAZORIA, TEXAS
2010 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
WHEREAS, City of Pearland, City of Angleton and Brazoria County are considered joint disparate
jurisdictions by the Bureau of Justice Assistance in order to receive FY 2010 E. Byrne Memorial Justice
Assistance Grant funds in the amount of $23,643; and
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
both 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.
NOW THEREFORE, the City of Pearland, City of Angleton and Brazoria County agree as follows:
Section 1.
City of Pearland agrees to pay City of Angleton a total of $10,595 and Brazoria County a total of $548 of the
$23,643 in funds awarded in joint disparate form from the U.S. Department of Justice as part of the E.
Byrne Memorial Justice Assistance Grant Local Solicitation program, to be used until September 30, 2011
in accordance with JAG legislation and the proposed scope of work included in grant application 2010
H5137-TX-DJ, Award 2010 -DJ -BX -1481.
Section 2.
Nothing in the performance of this Agreement shall impose any liability for claims against the City of
Pearland other than claims for which liability may be imposed by the Texas Tort Claims Act.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against City of Angleton
other than claims for which liability may be imposed by the Texas Tort Claims Act.
Section 4.
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 5.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 6.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein. Furthermore, this Agreement shall not create any rights in any party not a
signatory hereto.
This Agreement is made and entered into by and between the governing bodies of CITY OF PEARLAND,
CITY OF ANGLETON, and BRAZORIA COUNTY;
CITY OF Pearland, Texas
AUTHORIZATION
City =nag Bill Eisen
Contract Authorization
City Attorney Darrin Coker
CITY OF Angleton, Texas
AUTHORIZATION
4.
City anager M B e Vossmer
Contract Authorization
COUNTY OF Brazoria, Texas
AUTHORIZATION
Braz• la County J
tract Authorizat n
D,fstr ct Attorney ri Y_nne`
ay Fischer
ATTEST: APPROVED AS TO FORM
ATTEST: APPROVED AS TO FORM
City Sec
tary Shelly Deisher
ATTEST: APPROVED AS TO FORM
County Clerk Joyce Hudman
ANGLEiVN (V*
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"44,,01+91,00
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND CITY OF ANGLETON AND COUNTY OF BRAZORIA,TEXAS
2010 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
WHEREAS, City of Pearland, City of Angleton and Brazoria County are considered joint disparate
jurisdictions by the Bureau of Justice Assistance in order to receive FY 2010 E. Byrne Memorial Justice
Assistance Grant funds in the amount of$23,643; and
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
both 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.
NOW THEREFORE,the City of Pearland, City of Angleton and Brazoria County agree as follows:
Section 1.
City of Pearland agrees to pay City of Angleton a total of$10,595 and Brazoria County a total of$548 of the
$23,643 in funds awarded in joint disparate form from the U.S. Department of Justice as part of the E.
Byrne Memorial Justice Assistance Grant Local Solicitation program, to be used until September 30, 2011
in accordance with JAG legislation and the proposed scope of work included in grant application 2010-
H5137-TX-DJ, Award #2010-DJ-BX-1481.
Section 2.
Nothing in the performance of this Agreement shall impose any liability for claims against the City of
Pearland other than claims for which liability may be imposed by the Texas Tort Claims Act.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against City of Angleton
other than claims for which liability may be imposed by the Texas Tort Claims Act.
Section 4.
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 5.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 6.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein. Furthermore, this Agreement shall not create any rights in any party not a
signatory hereto.
,
This Agreement is made and entered into by and between the governing bodies of CITY OF PEARLAND,
CITY OF ANGLETON, and BRAZORIA COUNTY;
CITY OF Pearland,Texas
AUTHORIZATION ATTEST:APPROVED AS TO FORM
City Manager—Bill Eisen City Secretary—Young Lorfing
Contract Authorization
City Attorney—Darrin Coker
CITY OF Angleton, Texas
AUTHORIZATION ATTEST:APPROVED AS TO FORM
4,/ft _..." ,e ,e,2_1 .-k_ ibt,—,,k A
City anager—Meliss yrn ossmer City Secretar —Shelly Deisher
Contract Authorization
Ct%Att t YY ne — a a Fischer
Y
COUNTY OF Brazoria, Texas
AUTHORIZATION ATTEST' PPROVE AS TO FORM
1�, �� !
Brazo - ounty sludge_ County Clerk—Joyce Hudman
Contract Authorizatjor(
Di i tAft- y—JeliYe ne
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington,D.C. 20531
August 23,2010
Mr.Bill Eisen
City of Pearland
3519 Liberty Drive
Pearland,TX 77581-5416
Dear Mr.Eisen:
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(OW),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 Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.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 fording 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,
a. fasA
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
K,fia Of Department of Justice
,` ',, Office of Justice Programs
sit PAGE 1 OF 5
Bureau of Justice Assistance Grant
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2010-DJ-BX-1481
City of Pearland
3519 Liberty Drive 5.PROJECT PERIOD:FROM 10/01/2009 TO 09/30/2013
Pearland,TX 77581-5416
BUDGET PERIOD:FROM 10/01/2009 TO 0,3/30/2013
6.AWARD DATE 08/23/2010 7.ACTION
IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial
746028910 00
9.PREVIOUS AWARD AMOUNT S 0
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S 23,643
Joint JAG Program
11.TOTAL AWARD S 23,643
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 FYI0(BJA-JAG)42 USC 3750,et seq.
15.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
James H.Burch II Bill Eisen
Acting Director City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. JDJUGT1793
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 23643
OW FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
0a- Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 5
sTia Grant
PROJECT NUMBER 2010-DJ-BX-148I AWARD DATE 08/23/2010
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OW)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 OW 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
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.
OJP FORM 4000/2(REV.4-88)
i'elSMuro, Department of Justice
4r
Office of Justice Programs AWARD CONTINUATION
f;. Bureau of Justice Assistanceit.
SHEET PAGE 3 OF 5
Grant
PROJECT NUMBER 2010-DJ-BX-1481 AWARD DATE 08/23/2010
SPECIAL CONDITIONS
8. To support public safety and justice information sharing,OJP requires the grantee to use the National Information
Exchange Model(NIEM)specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition,visit
http://www.niem.gov/implementationguide.php.
9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
10. 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/about/ocr/equal_fbo.htm.
11. 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.
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 OW 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.
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 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=policyAndPractice&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
approval,if appropriate,and subject informed consent.
15. 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.
OJP FORM 4000/2(REV.4-88)
Department of Justice
rtN osr
, Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 5
Grant
PROJECT NUMBER 2010-DJ-BX-1481 AWARD DATE 08/23/2010
SPECIAL CONDITIONS
16. 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.gov/BJA/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.
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 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(SF-425).
18. 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.
OJP FORM 4000/2(REV.4-88)
P„VNI0,,si Department of Justice
ie Office of Justice Programs AWARD CONTINUATION
1 I y F
Bureau of Justice Assistance SHEET PAGE 5 OF 5
Grant
PROJECT NUMBER 2010-DJ-BX-1481 AWARD DATE 08/23/2010
SPECIAL 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 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.
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 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.
21. 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(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 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).
22. 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.
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 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. 20531
Memorandum To: Official Grant File
From: Orbin Terry,NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Pearland
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.govBJA/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.
Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Q4q�,cpcxr oa��,r'c' Office of Justice Programs
PROJECT SUMMARY
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Bureau of Justice Assistance
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Grant
PROJECT NUMBER
2010-DJ-BX-1481 PAGE 1 OF 1
This project is supported under FY10(BJA-JAG)42 USC 3750,et seq.
1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number)
Carrie Booth Joel Hardy
(202)305-7426 Grants Coordinator
3519 Liberty Drive
Pearland,TX 77581-5416
(281)652-1795
3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
ON REVERSE)
FY 2010 Justice Assistance Grant Program
4.TITLE OF PROJECT
Joint JAG Program
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of Pearland
3519 Liberty Drive
Pearland,TX 77581-5416
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/012009 TO: 09/30/2013 FROM: 10/01/2009 TO: 09/30/2013
9.AMOUNT OF AWARD 10.DATE OF AWARD
S 23,643 08/23/2010
11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT
13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT
15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse)
The Edward Byrne Memorial Justice 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 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 Pearland,city of Angleton,and Brazoria County have been designated as disparate jurisdictions to share the FY 2010 JAG award. The city of Pearland
will serve as the fiscal agent for the award and use their portion of grant funds for law enforcement equipment which will reduce the necessity of using lethal force
OJP FORM 4000/2(REV.4-88)
against perpetrators and simultaneously improve officer safety. Grant funds will be used to purchase uniform-attached video technology to introduce substantive
"non-lethal"law enforcement technologies into the resource capacity of sworn police officers. Officers will be issued police video cameras that will assist in
gathering evidence and increase officer and civilian safety.
The city of Angleton will use their share of grant funds for investigative and surveillance/security camera technologies for police officers and at the department
facilities. Video cameras,designed for attachment to police uniforms,will be purchased and issued for the purpose of adding increased evidence-gathering
technology for law enforcement. Grant funds will purchase hand-held cameras,a printer,memory upgrades,and an intemet camera. Officer and civilian safety
will be improved and the ability to gather and maintain evidence will now be a part of the sworn forces operations. Situations involving drug seizures,family
violence,traffic violations and more intense investigations of crimes-against-persons and burglaries will benefit from the additional documentation of the scene
that a video camera can provide.
Brazoria County will use their share of grant funds to enhance law enforcement equipment and/or technology.
NCA/NCF
III