0 C w m N to N w N pH rn ri X O O ornrtw n~'o~ O G O rn ~ C w ~ m~ z n ~' ~S ~ 8" rty ~b m r w n a (r r~ 0 d RO~+ n 0 N N J ORDER N0. 2579 RPPROVRL OF REVISED RESOLUTION OF THE GRANT AF'F'LICRTION FOR SETH JUDICIAL DISTRICT NRRCOTICS TRSK FORCE On this day the 13th day of April, 1998 upon motion made by Commissioner Paldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 5-0-0, the revised r^esolution of the grant application for ~1Eth Judicial District Narcotics Task Force and authorize County Judge to sign same. ~~oF KERRVILLE, TEXAS April 7, 1998 Robert A. Denson, Kerr County Judge Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 The following has been requested by the Governor's Office, Criminal Justice Division during the preliminary review: Certified Assurances -signed Revised Resolution to apply for grant funding (last paragraph on page one added). Please advise date of commissioners' court. Cost of living increases for FY 97-98 and FY 96-97 with supporting documentation. Your assistance in gathering this requested information is appreciated. Should you have any questions, please contact me. Sincerely, ~~ ~ ~ ~~ti Sandra G. Yazbrou Accounting Oper ons Supervisor co 800JUNC110N HIGHWAY •KERRVILLE, TEXAS 78028-5069 • 830/257-8000 KERB COUNTY COURT ORDER # 25279 A RESOLUTION OF THE COMMISSIONERS COURT OF KERR COUNTY TO APPLY FOR FINANCIAL ASSISTANCE FROM THE CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS TO CONTINUE THE LARGE SCALE ASSAULT ON DRUG ABUSE IN OUR COMMUNITIES. WHEREAS, in 1987, the 216th Judicial District Nazcotics Task Force was established for a four county Nazcotics Enforcement Team comprised of Kerr, Bandera, Kendall and Gillespie counties; City of Kerrville, City of Ingram, City of Bandera, City of Fredericksburg and City of Boerne all of which are members of the Alamo Area Council of Governments and comprise the 216`h District Court under the direction of District Attorney E. Bruce Curry; and WHEREAS, since December 1987, the 216`h Judicial District Narcotics Task Force has averaged 18 nazcotic arrest per month; and seized narcotics valued at over $7,797,928.00; and seized assets valued over $1,278,342.00. WHEREAS, the 216`h Judicial District Narcotics Task Force has shown it can produce results that are tangible; and WHEREAS, the 216'h Judicial District and its law enforcement agencies desperately need financial assistance from the Criminal Justice Division of the State of Texas to continue the lazge scale assault on the drug problems; and WHEREAS, continued funding is also needed to educate our public in the dangers of drugs, and to attach the drug problem as it exists in our community as the 216`h Judicial District Narcotics Task Force has present their drug programs to organizations/schools involving over 4,254 persons. WHEREAS, the Kerr County Commissioners Court has agreed that in the event of loss or misuse of the Criminal Justice Division funds, Kerr County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full, Page 1 NOW, THEREFORE, BE IT RESOLVED BY KERB COUNTY COMMISSIONERS COURT; That Kerr County Commissioners Court hereby joins in the grant application with the Criminal Justice Division of the State of Texas in the amount of $630,482.00 in order to maintain the 216`h Judicial District Narcotics Task Force; and That the cash match (being 25% of total grant) in the amount of $157,623.00 will be participated in by Kerr County Commissioners Court using program income accumulate by the 216`" Judicial District Nazcotics Task Force, fringe benefits for employee from Kerr County serving on the Task Force ($14327.40) and participation through the 216`" District Attorney budget ($21,793.81) based on fina~ azding of gran application. l A APPROVED this the day of , 1998. ~LJ 1 ert A. Denso K only Judge ATTEST: Billie G. Meeker, County Clerk Approved as to Form: David Motley, Co y Attorney Page 2 r APPLICATION FOR GRANT FUNDING OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION CERTIFIED ASSURANCES The applicant hereby assures and certifies that the project will comply with the regulation, policies, guidelines and requirements including OMB Circulars No. A-122, A-110, A-102, and A-87, as they relate to the applica- tion, acceptance and use of funds for this project. Also the applicant assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant that a resolution, motion or similar action has been duly adopted or .passed as an official act of the applicant's governing body, authorizing the filing of the application including all under- s[andingsand assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. Federal funds made available under this formula grant 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. 3. Matching funds required to pay the non-federal portion of the cast of each program and project, for which grant funds are made available, shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of gran[ funds. 4. It will comply with requirements of the provisions ofthe Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment ofpersons displaced as a result of federal and federal ly assisted programs. 5. It will comply with the minimum wage and maximum hours provisions of the federal Fair Labor Standards Act, as they apply to hospital and educational institution employees ofstate and local governments. 6. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 7. Fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as CJD or the Comptroller General shall prescribe, shall be provided to assure fiscal control, propermanagement, and efficient disbursement of funds received under the grant. 8. It shall maintain such data and information and submit such reports, in such form, at such times, and containing such information as CJD may require. 9. The programs contained in its application meet all requirements, that all the information is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions ofthe grant and all other appl icable federal and state laws, regulations, and guidelines. 10. It will comply with all requirements imposed by the federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 11. Pursuant to Sections 223(a)(18) and 296 of the JJDP Act, the Grantee assures that procedures have been established to ensure that programs funded under the JJDP Act shall not disclose program records containing the identity of individual juveniles. Exceptions to thisrequirement: (a)authorizationbylaw; (b)consentofeitherthejuvenileorhislegallyautho- rizedrepresentative; or (c)justification that otherwise the functions of this title cannot be performed. Underno circum- stancesmay public project reports or findings contain names of actual juvenile service recipients. 12. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are no[ 1 fisted on the Environmental Protections Agency's (EPA) list of V iolating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activi- ties indicating [hat a facility to be used in the project is under consideration far listing by [he EPA. 13. It will comply with the flood insurance purchase requirements of § 102 (a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Slat. 975, approved December 3l, 1976. Section 102 (a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department ofHousing and Urban Development as an area having special flood hazards. l4. It will assist the grantor agency in its compliance with § 106 of the National Historic Preservation Act of 1966 as amended (l6 U. S. C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U. S. C. 469a- l et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register ofHistoric Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the grantor agency to avoid or mitigate adverse effects upon such properties. CJD-23 Issued: September, 7997 APPLICATION FOR GRANT FUNDING OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION CERTIFIED ASSURANCES (Cont.) 15. I[ will comply with the Uniform Grant and Contract Managements Standards (UGCMS) developed under [he direc- tive ofthe Uniform Grant and Contract Management Act, Chapter I83, Government Code. 16. It, if a county, has taken or will take all action necessary to provide the Texas Department of Criminal Justice and the Department of Public Safety any criminal history records maintained by the county in the manner specified for the pur- poses ofthosedepartments. 17. It will comply withTitle VI ofthe Civil Rights Act of 1964, 42 U.S.C. 2000d (prohibiting discrimination on the basis of race, color, or national origin), Section 504 ofthe Rehabilitation Act of 1964, 42 U.S.C., 794 (prohibiting discrimination on the basis of handicap), the Age Discrimination Act of 1975, 42, U.S.C. 6101, et seq., and the Department of Justice Nondiscrimination Regulations, 28 CFR, Part 42, Subparts C, D, and G. 18. It will, in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing, on the ground of race, color, religion, national origin, sex, age, or handicap against the project, forward a copy of the finding to the Criminal Justice Division (CJD). 19. It will comply with Subtitle A, Title II of the Americans With Disabilities Act (ADA), 42 U.S.C 12131-12134, and Department ofJustice implementing regulation, 28 CFR Part 35, whereas state and local governments may not refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability. 20. CitiesandcountieswillcomplywiththefollowingsectionsoftheJuvenileJusticeandDelinquencyPreventionAct,U.S.C. 5671, as amended. 21. (a)(12)(A),regardingremovalofstatusoffendersfromsecurefacilities. 22. (a) (13), regarding sight-and-sound separation ofjuveniles from adults when detained in the same secure facility. 23. (a) (14), regarding removal ofjuveniles from adult jails and lockups. 24. It will comply with the provisions of the Hatch Act which limit the pol itical activity ofemployees. 25. It will comply, and assure the compliance ofall its contractors, with the applicable provisions ofTitle I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the curent edition ofthe Office of Justice Programs Financial Guide and all other applicable federal laws, circulars, or regulations. 26. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Adminis- trative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, IntergovemmentalReuiew of Department ofJustice Programs and Activities; Part 42, Nondiscrimination/Equal Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and federal laws or regulations applicable to federal assistance programs. 27. It will comply, and all its contractors will comply, with the nondiscrimination requirements ofthe Omnibus Crime and Safe Streets Act of 1968, as amended, 42 U.S.C. 3789(d), the Juvenile Justice and Delinquency Prevention Act, orthe Victims of Crime Act (as appropriate); Title VI ofthe Civil Rights Act of 1964, as amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act of 1990; Title IX ofthe Education Amend- ments of 1972; the Age Discrimination Act of 1975; Department ofJustice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and the Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 28. It will provide an Equal Opportunity Program if required to maintain one, where the application is for $500,000 or more. 29. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501, et seq.), which prohibits the expenditure ofmost new federal funds within the units of the Coastal Barrier Resources System. rt A. Derf~son,~-Kerr County Judge of the Authorized Official CJD-24 Issued: September, 1997