R-2016-117 2016-06-27 RESOLUTION NO. R2016-117
A Resolution of the City Council of the City of Pearland, Texas
authorizing the City's participation in the Edward Byrne Memorial
Justice Assistance Formula Grant (JAG) Program to purchase nine (9)
Body-Worn Surveillance Cameras in the amount of$11,670 — FY 2016-
17.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City's participation in the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program — Fiscal Year 2016-17; grant application number 2016-
H3517-TX-DJ, which is attached hereto as Exhibit "A," and contains the proposed
expenditure of requested JAG Grant Funds for FY 2016-2017, is hereby authorized for the
purchase of nine (9) body-worn surveillance cameras for the Pearland law enforcement
personnel.
PASSED, APPROVED and ADOPTED this the 27th day of June, A.D., 2016.
cj. -- )0'1? \i/ 2C-A---"Q
TOM REID
MAYOR
ATTEST:
„1/40QFARL4��%
o. t�. .�
Y NG L..04''FING, " ,
Y SE 'ETARY
APPROVED AS TO FORM:
Oes--1 C7r,...._
DARRIN M. COKER
li CITY ATTORNEY
NI
RESOLUTION NO. R2016-117
Application No.: 2016-H3517-TX-DJ Exhibit "A"
Project Abstract
Name of Applicant: City of Pearland Fire Department
Application No.: 2016-H3517-TX-DJ
Joint Disparate Co-Applicant: N/A
Title of Project: Pearland Public Safety Body-Worn Surveillance Program
Funding Request: $11,670
Project Identifiers: Body Worn Surveillance
Goal: To improve local law enforcement accountability to the public.
Objectives:
(A) Equip 9 certified public safety"peace officers"with body-worn surveillance devices; and
(B) Provide requisite storage and data management for electronic information collected by the cameras.
Project Narrative
The City of Pearland is requesting the use of JAG Program funding to purchase 9 body-worn
surveillance cameras for local sworn public safety officers.There are two primary purposes these items
will serve:
1. Improve accountability for officers involved in on-site investigations involving arsons,
illegal dumping,emergency management and cases associated with the use of explosive
materials; and
2. Improve the parity between Fire and Police officials when involved in mutual,
interdepartmental investigations of crimes such as arson, illegal dumping,emergency
management and cases associated with the use of explosive materials.
Fire Marshals are often authorized police officials as well, as is the case in Pearland. Currently, nine (9)
such officers serve in this capacity,as they investigate arsons,cases involving illegal dumping,and conduct
a number of emergency management activities in conjunction with police officials. Their investigations
often involve direct contact with suspects and persons of interest, and can even pattern the types of
interactions police have with citizens. They are part of the same law enforcement community that arrives
1
Application No.: 2016-H3517-TX-DJ
at the scene of an arrest involving one of these cases, and have the authority to detain and apprehend
offenders of local criminal codes related to the commission of a crime involving fires and the improper
disposal of hazardous materials. Body-worn surveillance cameras will provide these licensed, certified
public safety officers with the ability to conduct their business as "peace officers" and investigators with
the same tools that their police counterparts are equipped with.
I
I
I
I
I
I 2
of PF9R
LEA ELANIU
fS; 1 a�
PROPOSED BUDGET
FY16 E. Byrne Memorial Justice Assistance Grant—Local Solicitation
Supplies
Purpose Item Calculation Cost
Law Enforcement Surveillance Body-Worn Cameras 9 @$1,142 ea. $10,278
Other Costs
Purpose Item Calculation Cost
Data Management Terabytes of Electronic Storage 1 @$1,392 ea. $ 1,392
PROPOSED BUDGET SUMMARY
Budget Category Amount
Supplies $10,278.00
Other Costs $ 1,392.00
Federal Share Requested $11.670.00
JAG GRANT FUNDING REQUEST $11,670.00
3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416•(281)652-1600—www.pearlandtx.gov
Assurances Page 1 of 2
NOTE:You must click on the"Accept" button at the bottom of the page before closing this window
e,;::,:°`; OMB APPROVAL
• ;;:; NUMBER 1121-0140
EXPIRES 03/31/2016
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 completion 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 organizational conflict of interest, or
personal gain.
3. It will give the awarding agency or the Government Accountability 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 will comply (and will require any subgrantees or contractors to comply)with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime
Control 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));
II 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 displaced 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
political 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.
https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&... 6/20/2016
Assurances Page 2 of 2
Accept
https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=assure&... 6/20/2016
Certifications Page 1 of 3
NOTE: You must click on the "Accept" button at the bottom of the page before closing this window
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 on
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)
Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for
prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other
requirements:
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;
https://grants.ojp.usdoj.gov/gmsexternal/d isplayAssurancesTextAction.st?method=certify... 6/20/2016
Certifications Page 2 of 3
(c) Have not within a two-year period preceding this application been convicted of a felony criminal violation
under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of
Justice Programs(OJP)at Ojpcompliancereporting @usdoj.gov, and, after such disclosure,the applicant has
received a specific written determination from OJP that neither suspension nor debarment of the applicant is
necessary to protect the interests of the Government in this case.
(d)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 (b) of this certification; and
(e) 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. FEDERAL TAXES
A. If the applicant is a corporation,the applicant certifies that either(1)the corporation has no unpaid Federal
tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed,that is not being paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability, or(2)the corporation has provided written notice of such an unpaid tax liability(or
liabilities)to OJP at Ojpcompliancereporting @usdoj.gov, and, after such disclosure, the applicant has received
a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary
to protect the interests of the Government in this case.
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.
4. 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:
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 controlled 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;
https://grants.ojp.usdoj.gov/gmsexternal/displayAssurancesTextAction.st?method=certify... 6/20/2016
Certifications Page 3 of 3
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph(d)(2)
from an employee 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;
(f)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 (f).
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/gmsexternal/d isplayAssurancesTextAction.st?method=certify... 6/20/2016