ORDER NO. 26840 APPROVAL OF RESOULTION OF GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION On this the 22nd day of January, 2001, upon motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimoulsly approved by a vote of 4-0-0, the resolution of grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, for funding of the 216th Judicial District Narcotics Task Force and authorize the county Judge to execute an Interagency Agreement relating to the said Grant Application. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Bill Hill OFFICE: 216`h Task Force MEETING DATE: January 22, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Resolution approving submission of grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, for funding of the 216`h Judicial District Narcotics Task Force and authorize the County Judge to execute an Interagency Agreement related to said Grant Application. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. KERR COUNTY, TEXAS COURT ORDER NO. 2 6 8 4 0 RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, FOR FUNDING OF THE 216T" JUDICIAL DISTRICT NARCOTICS TASK FORCE; AND AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT RELATED TO SAID GRANT APPLICATION WHEREAS, in 1987 the 216"' Judicial District Narcotics Task Force ("the Task Force") was established for a four county Narcotics Enforcement Team comprised of Kerr, Bandera, Kendall, and Gillespie counties; City of Kerrville, City of Ingram, City of Bandera, and City of Fredericksburg all of which are members of the Alamo Area CouncIl of Governments and comprise the 216x' Judicial District under the direction of District Attorney E. Bruce Curry; and WHEREAS, the 216' Judicial District and its law enforcement agencies need further financial assistance from the Criminal Justice Division of the State of Texas to continue the lazge scale assault on the drug problems within the 216"' Judicial District and the State of Texas; and WHEREAS, continued funding is also needed to educate the public in the dangers of drugs, and to attack the drug problem as it exists in our community; and WHEREAS, the City Council of the City of Kerrville, Texas, as lead agency fords it to be in the public interest to submit an application for a grant for continued funding, to commit to its share of the local funding match, and to execute an interlocal agreement with other members of the Task Force regarding their share of the local funding match; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF KERB COUNTY, TEXAS: SECTION ONE. That the County Judge is hereby authorized, on behalf of Kerr County, Texas, to submit a grant application to the Criminal Justice Division of the Office of the Governor, State of Texas, in the amount of $677,948 in order to maintain the 216th Judicial District Narcotics Task Force, which application shall be substantiplly as set forth in the document placed on file with the City Clerk, referenced by the date and number of this resolution. SECTION TWO. That of the $169,4821oca1 matching grant, Kerr County, Texas, will apply the amount of $14,741 for fringe benefits for Kerr County employees assigned to the Task Force, and $24,096 participation through the 216`h District Attorney budget. SECTION THREE. That the Commissioners Court of Kerr County, Texas, agrees and assures that in the event of loss or misuse of the Criminal Justice Division funds received by the County pursuant to the grant described above, said funds will be returned to the Criminal Justice Division in fu1L FUNDING PARTICIPATION AGREEMENT AMONG MEMBER AGENCIES OF THE 216r" JUDICIAL DISTRICT NARCOTICS TASK FORCE This Agreement is entered pursuant to Chapter 791 of the Texas Government Code by and among Kerr County, Gillespie County, Bandera County, and Kendall County, each of which is a political subdivision of the State of Texas located within the 216'" Judicial District of the State of Texas (hereinafter referred to collectively as "Counties"), and the City of Kerrville, Texas, the City of Ingram, Texas, the City of Bandera, Texas, the City of Boerne, Texas, and the City of Fredericksburg, Texas, each of which is a municipal corporation located within the 216` Judicial District of the State of Texas (hereafter collectively called "Cities"). WITNESSETH WHEREAS, the Counties and Cities wish to file a joint grant application with the Criminal Justice Division ofthe Govemor's Office, State of Texas for funding in the amount of$677,948.00 to fund the operation of the 216'" Judicial District Narcotics Task Force ("the Task Force"), and WHEREAS, the Counties and Cities must agree to contribute the total of$169,482.00 in local matching funds if said joint application is to be approved; and WHEREAS, the source of funds would not normally be used for this purpose; and WHEREAS, the Counties and Cities believe it to be in the public interest to join in an application for a grant to continue the operation of a regional narcotic task force; and WHEREAS, the Counties and Cities agree to each accept the responsibility to adhere to all pertinent federal, state and local laws or regulations; NOW, THEREFORE, for and in consideration of the promises made herein, one to the other,. it is hereby agreed by the Counties and Cities as follows: PURPOSE: The purpose of this Agreement is to establish the parameters by which the Counties and Cities agree to file a joint application for a Narcotics Task Force Grant with the Criminal Justice Division, of the Governor's Office of the State ofTexas, for funding for the 216`" JUDICIAL DISTRICT NARCOTICS TASK FORCE for the period ofJune 1, 2001, to May 31, 2002, a copy of which application is attached hereto as Exhibit "A" and made a part hereof for all purposes. 2. APPLICATION FOR GRANT: The Counties and Cities hereby acknowledge and agree that the City of Kerrville, Texas, shall be authorized to apply for the grant for the Task Force described in Section 1, above, on behalf of the Counties and Cities, and that the City of Kerrville, Texas, shall make said application in reliance on all of the Counties and Cities performing as agreed herein. TERM: The term of this Agreement is to commence on the execution of this Agreement and to end on May 31, 2002. 4. CONSIDERATION: As consideration of this Agreement, Counties and Cities agree to contnbute a total of $169,482.00 in local match ing funds from the current revenues of each party as required by the grant in the amounts as follows: FUNDING SOURCE AMOUNT FUNDING SOURCE AMOUNT Program Income $10,340.00 Bandera County $15,445.00 City of Boerne $6,474.00 Gillespie County $24,606.00 City of Fredericksburg $9,571.00 Kendall County $17,218.00 City of Ingram $7,365.00 Kea County $38,837.00 City of Kerrville $37,126.00 City ofBandera $2,500.00 5. ALLOCATION OF FUNDS: The specific allocation of the Counties and Cities fund is set out in the attachments to this agreement, marked as Exhibits "A" through "E", inclusive, and made a part hereof for all purposes. 6. OWNERSHIP OF EQUIPMENT: Upon termination of this Agreement, ownership of equipment hazdwaze and other non-expendable items will revert to the applicant for which it was acquired, subject to the approval of the Criminal Justice Division of the Governor's Office. 7. INDEMNITY: To the extent authorized by law, each City and County which is a party hereto agrees to indemnify, defend, and hold harmless each other City and County, respectively, for claims or suits arising from the injury or death of any person, or damage to property, resulting from the intentional or negligent act or omission of that City's or County's employee, officer, or agent arising from or related to said employee's or officer's participation in the operations of the Task Force. In no case shall this section be construed as waiving any immunity from prosecution or liability that may exist with respect to any of the parties hereto or their respective employees, officers, or agents. 8. NO AGENCY RELATIONSHIP: Notwithstanding the agreement of the Counties and the Cities to cooperate in the purposes for which the grant described in Section 1, above, will be awazded, and except as authorized by Section 2, above, no employee or officer ofany County or City which is a party hereto shall be authorized to act on behalf of; or in any way be deemed to be an agent of, any County or City that is not the employer of that person 9. NO SHARED EMPLOYEE STATUS: Notwithstanding the agreement of the Counties and the Cities to cooperate in the purposes for which the grant described in Section 1, above, is made and the existence of any command structure which may be established in order to facilitate the cooperation of the Cities and Counties participating in the Task Force, an employee or officer of any County or City who is assigned to participate in the operation of the Task Force shall at no time be deemed to be an employee of any County or City other than the County or City from whom the person receives an IRS Form W-2. 10. MISUSE OF GRANT FUNDS: Counties and Cities hereby understand and acknowledge that as the grant sponsor, the City of Kerrville has made certain representations and assurances to the State of Texas regarding the use of funds received pursuant to the grant made by the Criminal Justice Division. The Counties and the Cities (except the City of Kerrville) hereby agree that in the event of loss or misuse of the Criminal Justice Division funds received by any of the Counties or Cities (other than the City of Kerrville), that the County or City responsble for the loss or misuse of said funds shall indenrify, defend, and hold harmless the City of Kerrville and all other parties to this agreement for any funds which must be repaid to the State pursuant to the grant agreement. Conversely, the City of Kerrville agrees to indemnify, defend, and hold harmless the other Cities and Counties for funds which must be returned to the Crimnal Justice Division as the result of loss or misuse of said funds by the City of Kerrville. 11. AMENDMENTS: This Agreement may be amended only by the mutual written agreement of the parties hereto. 12. SAVINGS AND SEVERABILITY PROVISION: In case any one or more ofthe provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceable shall not affect by any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof; and no other agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. 14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 15. MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals, each of which shall have the full force and effect of an original as if all parties had signed the same document. SIGNED AND AGREED BY THE PARTIES HERETO ON THE DATES INDICATED BELOW: Mayor Date County Judge Date CITY OF BANDERA, TEXAS COUNTY OF BANDERA, TEXAS Mayor Date County Judge Date CITY OF BOERNE, TEXAS COUNTY OF KENDALL, TEXAS Mayor Date CITY OF FREDERICKSBURG, TEXAS Mayor Date CITY OF INGRAM, TEXAS Stephen P. Fine Date CITY OF KERRVILLE, TEXAS F:\LEGALICONTRACTSGENERAL\TASK FORCE 2001.DOC County Judge Date COUNTY OF GILLESPIE, TEXAS County Judge Date COUNTY OF KERR, TEXAS 4 SECTION FOUR, That the County Judge is hereby authorized to execute, on behalf of Kerr County, Texas, and agreement with the various members of the Task Force regarding participation in the application for the above-referenced grant, the provision of which will be substantially set forth in Exhibit "A", attached hereto and incorporated herein by reference. PASSED AND APPROVED on this the ~[~ day of ~ /u~ , A.D., 2001. Frederick L. Henneke, County Judge ATTEST: Jannett Pieper, C unty Clerk gy; Deputy County Clerk -, o eo of Clerk ~ y ,~ ~. ,, i ~.4C~•.......••'~.~t . ,, DuMTY't ``~~pun u,;~r ~`` Texas Narcotics Control Program PROJECT BUDGET SUMMARY APPLICANT AGENCY: (,} of Kerrville PROJECT TITLE: 216th Judicial District Narcotics Task Force GRANT START DATE: June 1, 2001 5 vL ~ > ~ `T3 4". . 'i f .~ w. PERSONNEL $407,916 $135,966 $543,882 B. PROFESSIONAL & CONTRACTUAL SERVICES $1,500 $500 $2,000 C. TRAVEL $9,300 $3,100 $12,400 D. EQUIPMENT F. SUPPLIES & DII2ECT OPERATING EXPENSES $89,750 $29,916 $119,666 GRAND TOTAL $508,466 $169,482 $677,948 CASH MATCH MUST TOTAL AT LEAST: $169,482 ~ y ~vr vz""~dz z tt.,. ia.~aa f~t,`~~~ e'~ 7w84.~+: ux;. ~`~.W. v. M ~. '` '~,r~.~e~OUR s('E''~e~~'~~ra~' i'i Y f(aI_.i, . 1 F.. riF4 ,xrI~.FY ^~ The information requested below is not calculated in the computations as part of Mis grant application. It is for reporting purposes to~TNCP headquarters only. Even Mough some program income maybe listed as "CASH MATCH" above, all program income on~hand needs to be reported below. PROGRAM INCOME ON-HAND (aa of grant application suDmivion) $ 85,951.05 ldrtool Summary Texas Narcotics Control Program COOPERATNE WORKING AGREEMENT -OPTION 2 Instructions: Agencies/Organizations must complete this forth when they DO have personnel assigned to the proposed grant project. (See Option 1 if the cooperating organization does not have personnel assigned to the grant project.) Policy: Prior to the release of funds by CID, the grantee shall provide to CJD signed Cooperative Working Agreements. A Cooperative Working Agreement is required between the grantee and each significant external organization whose collaboration and cooperation are essential in achieving the goal of the grant project and in carrying out the objectives described in the Program Narrative Section of the grant application. (TNCP projects must submit a CWA for each sheriffs office and police department within the impact area.) CertiScatlon: The format and content of such an agreement should substantially resemble the following example. (As an alternative to the language oflbred in this model, the Cooperative Working Agreement (signed by both parties) may be composed to enumerate the specific services, actions, and support that each party will provide to the other with respect to carrying out the objectives described in the grant application.) COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the City of Kerrville grant (Name ofapplicaot organization) application submitted to the Criminal Justice Division of the Office of the Governor have been reviewed and that it is mutually agrced to cooperate to whatever extent is necessary in carrying out the objectives described in that application. Additionally, Kent County is cognizant of the rules and regulations (Name of eaterml orgaoimtioa or ageny) governing the operation of the grant and agrees to abide by any and all such rules or special conditions relating to the application. Signature: Ron Patterson Authorized Official City of Kerrville Name of applicant organization Date: ~ Sigtature: Frederick L H ke, County Judge Ken County Name of external organization or agency Date: 6~ ~~~ Q I Cooperative Working Ageement Opt. 2 Kerc County 01!23!2001 15:58 839-257-780c. I<.~-~ rn ~=.N=:"!== ~_'=' ~pac 92 CJD i1PHlrwtl0a Krt Reoiran~l C'noncil of GpneilimetttS ~L'VleYt' CJD allocntas money ro dtc regional wtrrtcila of govertunents (Cl]C:s) thrrs,~r~t a formula bared oa popttlatioa and pime rate. The executive ,pmmittees and criminal juatitx aai,risaiy .aa~nmittea (CJACr) of the regemal councils assign priorities ro applications. `lire CJAC okra oammuniry- plena iz+m cottsiekration vdten determining the eligibility of applications The COG submin applications and priority rudcings to CJD. CJD mnsideta rare priority rankings of the COGs, but is ultimately rtapansibk for all funding deeisiorce. CiD Review Process Only the forma submitted, prior C]D rernrds, application ranking, and cite prioritization of the COGs> if applipbk, will be considered by CJD staff when reviewing the application, no other attpporting doeumenrarion, letters, or phone calls will inFlumu this review Thcrc is no commitment on the part of CJD m fund an application or to Fund it ac the amount requested. All areas of the budget are subjetx to review acrd approval by dre acalf of the Governor's Offiu. Decisions related w these budget areas are based on 6otit eligibility and reasonableness. Determinations of the reasonableness of budget ircats arc fully within rlu discretion of the GpvemorQ Offlu and uc made both thmttglt objective tools and the use of subjective derLion making. Applications fur futtdLtg go Through tawny reviews ac dse O8't« of dte Governor. At eery point during chose reviews a decision ro trot fund a pmjcu or any part of it tray be mscde. TMae decisions arc within rite mmplerc discrctian of the OEf'icc. Additionally, if an award is evade, it is still vvirhin the discretion of the Governor's Ollie m determine than the grantee is not complying with CJD policies and may upon such a detarminacion deobligate the gnat and require rcimbunemenc to CJD of gram funds alrndp disbursed. Once an applirnitoa hss undergone an initial review, CJD will issue a preliminary review tep°tt to the appliant identifying any items that must be resolved. For loaf and regional projects this is aceomplis6ed through the regional councils of gavernmestrs and applicants must send their r®ponacs to the criminal jttstirx planner at the COG by the deadline sec by nc~ COG. These reports are preliminary asamrtsema only and der not rcpraetrt say final action or detecminadon by the O(!'ece of the Gavemor. lieccipt of a prclimiaary review report u not a comtniraxnt m fund airy portion of dte project. Additional items in ntxd of tcsolutitrn tmy be identified after the date of a prelirnioary review report. It is within the complete dircmion of the Govcmot'a Oda ro dercmtine whedrer an error or disareparrcy will result in notification m the applicant and a roqutst for rvjsonse or whedrer the regtresoed funding amount will be lowered without additional consultation with the applicant. Fns ' Decisions All funding decisions tdatod ro CJD grans arc fully within the discretion of the Governor m hie designee. CJD informs the applicant of This deaslon through either a Seacement of Grant Award or a denial letter. Applicants moat trot make any °O9 reganlittg funding decisions until tbey haven received otlirial written notification of award or drnial char is sighed by eidrer the Governor or the taxctttivc direcmr of the Criminal Justice Division. ~~ P If CJD decides not ro fund an appliation or any pare of an appGation, an applicant may ntrnfy CJD trf their intxttt to appeal dre decision by writing m rdre direcror of CJD within 10 days from the dace of notification. If else beau for the appeal involvlS utiom by the rt:giortal rwundl of gwertetnents, then applkarrts must pursue a remedy at the COG level before presenting infioanation for m appeal ro CJD. Further. appwls must be based on a veri&abk error made during the prioritiration or review process acrd the applicant muse be a61e 'm show that the error actually caused the application or portion of the application to not be ftmdod. The appliart moat submit written docttrncatation in support of the appeal letters and phone calls of support will not be coreridered as put of the official appeal proaw. The Governor or hie d«igttee wlll consider any documeneadon submitted by the applinrtt that tours the critetia as explained in This station, and will and an anstvct' in writing. The dec~aion concerning an ap]ieil' ri i311lt. 9Y