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HomeMy WebLinkAboutPR 11606 JUVENILE BLOCK GRANT MEMORANDUM I PORT ARTHUR POLICE DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: John L. Tyler, Chief of Police REMARKS: PR. No. 11606 DATE: 1-8-02 RECOMMENDATION: The Police Department recommends that the City Council authorize the City Manager to apply for ~unds available under the Juvenile Accountability Incentive Block Grant totaling $30,276.00, These funds would allow the Port Arthur Police Department to continue utilizing and updating the computerized Juvenile Accountability Tracking Database System capable of tracking contacts and arrests o£juveniles occurring within the city limits of the City of Port Arthur. BACKGROUND: The Police Department was notified that the City of Port Arthur is eligible to receive a grant in the amount of $30,276.00 from the State of Texas, Office of the Governor, Criminal Justice Division. The granted funds must be used in at least one of twelve specific areas dealing with juvenile justice issues. After reviewing the twelve specific purposes mandated for the granted funds, the Police Department recommends that the citizens of Port Arthur would be served well in the continued utilization of the computerized Juvenile Accountability Tracking Database System. This system would be classified under purpose area # 10 which states, "establishing and maintaining interagency information- sharing programs that enable the juvenile and criminal justice system, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision~ and treatment of juveniles who repeatedly commit serious delinquent or criminal acts." With the development and continued usage of this system, the Port Arthur Police Department now has an efficient way of tracking juvenile arrests or contacts, which are approximately 1,500 per year. All juvenile contacts are not necessarily referred to the Jefferson County Probation Department. This computerized database is a valuable tool for law enforcement officers in Port Arthur in order to keep track of juvenile offenders/contacts. BUDGETARY/FISCAL EFFECT: The City of Port Arthur will be required to provide a cash match of $3,364.00. This amount with the grant amount of $30,276.00 makes the total $33,64000. STAFFING/EMPLOYEE EFFECT: The only effect on staffing is the cost of a temporary employee to perform data entry duties. This salary will be paid for with grant funds. Approximately $30,000~00 has been budgeted for this position. SUMMARY: The Port Arthur Police Department recommends that the City Council authorize the City Manager to apply for funds under the Juvenile Accountability Incentive Block Grant to receive the $30,276.00 in available funds. These funds will be utilized to continue entering juvenile offenders/contacts into the computerized Juvenile Accountability Tracking Database System for juveniles arrested/contacted in the city limits of Port Arthur, John L. Tyler, Chief of Police P.R. NO. 11606 1-8-02 JLT:KC RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDS UNDER THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM IN THE AMOUNT OF $30,276.00 TO CONTINUE DEVELOPING AND UTILIZING A JUVENILE ACCOUNTABILITY TRACKING DATABASE SYSTEM WHEREAS, the Port Arthur City Council has been notified by the State of Texas, Office of the Governor, Criminal Justice Division, of qualifying to receive $30,276.00, and, WHEREAS, the Port Arthur City Council approves of application for funds available under the Juvenile Accountability Incentive Block Grant; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. The facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur hereby designates the City Manager to submit an application, in substantially the same form as attached hereto as Exhibit "A", for funds in the amount of $30,276.00 available under the Juvenile Accountability Incentive Block Grant to continue utilizing the Juvenile Accountability Tracking Database System. Section 3. That the City Council of the City of Port Arthur authorizes the applicable cash match in the amount of $3,364.00. Section 4. That the City Council of the City of Port Arthur gives assurance in the event of loss or misuse of Criminal Justice Division funds, the governing body will return all funds to the Criminal Justice Division. Section 5. That a copy of the Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED on this the day of ,2002, at a meeting of the City Council of the City of Port Arthur, Texas, by the following votes: AYES: Mayor , Councilmembers NOES: Oscar Ortiz Mayor ATTEST: Carolyn Dixon City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Jc°l~e fL~ f Police APPROVED AS TO AVAILABILITY OF FUNDS Rebecca Underhill Director of Finance GRANT APPLICATION COVER SHEET z Z~g~nmec~O~mnz~zn~r~. 9 ~P~Port Arthur Police Department City of Port Arthur Juvenile Tracking Pr. ggram Port Arthur Police Department Juvenile Accnunfmhilitv Incentive Block ~ ~'~ ~~' Grant 444 4th Street, Port Arthur, TX 77641 CFDA J6.523 - (2001 Funding Block) :~?~,~- a ~a,~ o:,~ 250,000 ~ Coordinator of Support Svcs. Port Arthur 58,724 ~s: P 0 Box 1089 Port Arthur, TX 77641 ~z,~:~:~-: (409)983-8600 7/1/2002 - 6/30/2003 746001885 o r,~ (z~ 'v~', ~=d~:~.l O ~ SETRPC ~o0~ $30,276 $3,364 ~cs ~v~w? ?o~ ~30~276 $3,364 ~¢/~a*a:~,/a~~:~:n~,cr~,=r. ~ ~0,~ COO os~ o.~ I Stephen Fitzgibbons Issue Date: 8/2000 13 Juvenile Accountability Incentive Block Grant Fund DESIGNATION OF GRANT OFFICIALS LEGAL NAME OF AGENCY: City of Port Arthur PROJECT TITLE: Port Arthur Police Department Bonnie Collins P~oject Dir~utor ~ (T~e c~ Prin~) Coordinator of Support Services P 0 Box 1089, Port Arthur, Texas (409} 983-8600 Daytime Telepbor~ Numker E-M~ilA~c~SS 77641 mp Rebecca Underhill ~cffi~er~ Director of Finance, City of Port Arthur Title ar~ency 444 4th Street~ Port Arthur~ Texas ~fi~ili~ (409) 983--8151 (4o9)9a3-8291 Stephen Fit zgibbons ~ut~oriz~dC~ fic~ml Nam~ (Ty~e(= Print) City Manager, Cit~ of Port Arthur ~%4 %th Street. Port Arthur. TX (409)983-8101 ~i~ ~1~ ~r E~Atk=ss 77641 (409)982-6743 Fax bk~ber 15 BUDGETSUMMARY Categories CJD Grantee Total Personnel $30,000 0 $30,000 Professional and Contractual 0 0 0 Travel and Training 0 0 0 Equipment $1,000 $1,000 $2,000 Supplies $820 $820 $1,640 TOTAL $30,276 $3,364 $33,640 ESTIMATED PROGRAM INCOME The project does not anticipate earning any program income. PERSONNEL Total-S30,000 Salaries (Juvenile Accountability File Clerk)-$30,000 x 100% of time-S30,000 This full time equivalent will provide the following services: entry of all juvenile information into the Juvenile Accountability File. Fringe Benefits, 0 EQUIPMENT Total-S2,000 To be used in the data entry of all documented juveniles contacted by Port Arthur police officers. SUPPLIES Total-S1,640 Office sunnlies. $1.640 Costs will include copy paper, envelopes, computer diskettes, paper clips, pens, pencils, ruler, scissors, writing pads, calendars, folders, binders, and other consumable supplies used in administrative functions of the project. JAIBG PROGRAM INFORMATION 1. List the cities, counties, or parts thereof covered by the Coordinated Enforcement Plan for Reducing Juvenile Crime. City of Port Arthur 2. List the members of the Juvenile Crime Enforcement Coalition and their position tries. Mr. Darrell Bush, Chief of Police-Nederland P.D. Mr. David Sosa, Lieutenant-Jefferson County S.O. Mr. Ramon Rodriguez, Prosecuting Attorney-Jefferson County D.A. office Ms. Katie Durio, Asst. Chief Probation Officer-Jefferson County Mr. Melvin Getwood, Principal-Lincoln High School-Port Arthur Mr. Barry Sullivan, Manager-Market Basket Store-Port Arthur Mr. Jack Leggett, Executive Director-United Board of Missions-Port Arthur Explain which of the 12 purpose areas your Coordinated Enforcement Plan will address and why. Keep in mind the required allocation of least 45% of funds awarded for purpose areas (3) through (9); and at least 35% of funds awarded for any combination of purpose areas (1), (2), and (10). The remaining 20% of funds awarded may be used for any combination of the 12 purpose areas. Show the percentage of funds that will be spent in these program purpose areas, not the budget. If the plan does not meet the prescribed percentages, then the grantee must provide justification for waiver. Purpose Area #10: 100% Updating and continuous additions to the juvenile tracking database at the Port Arthur Police Department will help maintain intra-agency information and assist interagency information sharing programs. This system will allow officers in Port Arthur and area agencies to track the handling of juveniles. Port Arthur Police Department's Coordinated Enforcement Plan Section 1: Problem Statement and Data The Port Arthur Police Department is in the process of purchasing a computer system with JAIBG FY 2002 money to expeditiously track criminal offenses or other actions of juveniles who are contacted by Port Arthur police officers. Not all contacts are referred to the Jefferson County Juvenile Probation Office as not all actions by juveniles fit the criteria for a referral (runaway, curfew violation, traffic tickets, etc.). Annually, approx. 1,500 juvenile contacts are made by Port Arthur police officers (municipal court records, UCR statistics, PAPD statistics). Section 2: Goal Statement The JAIBGF will enable the Port Arthur Police Department to continue entering and tracking all juvenile arrests/contacts made by Port Arthur police officers. This will be a valuable tool for Port Arthur officers to have in keeping track of juvenile arrests/contacts. Section 3: Target Group The targeted geographic area will be the City of Port Arthur, Texas. The individuals targeted are juvenile offenders between the ages often and seventeen. All juveniles arrested or contacted by documentation (traffic tickets, runaway, etc.) will be entered into the Port Arthur Police Department Juvenile Accountability File which could be as many as 1,500 per year. Section 4: Project Activities Juveniles are contacted for many different reasons by law enforcement agencies including the Port Arthur Police Department. The juvenile may have committed a criminal offense, be a runaway from their home, violated a curfew ordinance, or received a traffic ticket. All of these contacts are not necessarily sent as a referral to the Jefferson County Probation Department. Maintaining and updating the data entries into the established computer system of tracking the arrests/contacts of juveniles by Port Arthur Police officers is essential in an intra-agency and interagency information-sharing program. The updated database would also assist the juvenile justice system, schools, and social services in making more informed decisions regarding the treatment of juveniles whom repeatedly commit serious delinquent or criminal acts. A data entry clerk will continue to daily enter juvenile arrests/contacts to keep the system updated. Section 5: Project Objectives Output Measures: Output measures for this project will be the number of juveniles entered into the tracking database. We anticipate approx. 1,500 entries will be made per year. Outcome Measures: This database will allow for an increase of information to be available to Port Arthur police officers regarding the handling of juvenile offenders/contacts. Plan Summa~_ The City of Port Arthur Police Department is preparing to track the actions of juveniles criminal or otherwise. All juvenile contacts do not reach the Jefferson County Juvenile Probation Department as the criteria for the contact may not warrant a referral to that agency. Juveniles are issued traffic tickets for motor vehicle violations, penal code and curfew ordinance violations. Juveniles run away from home only to be returned to their home, as this is not a criminal offense. Approx. 1,500 juvenile arrests/contacts a year are made by Port Arthur police officers. Having a data entry clerk to continuously update the computer system with all documented juvenile contacts entered into a central database is paramount for effective policing. This information can be used between officers and agencies to be more effective in their investigations of juvenile crime and conduct or assist in referrals to social services. Confidentiality The City will comply with all confidential requirements as delineated in state law as it pertains to juveniles and the distribution of information thereon. JAI BG CERTIFICATIONS FOR PROGRAM PURPOSE AREAS than35% wJ]_~ ke ex~enf~d for p~se azeas one, t~, ar~t~. She m~dr~ 20% will be ~ cn any onf~in~ticn of the m~/nin~ ~ ar~s. Date 27 Purpose area #10- 100% Purpose Area Allocation Certifications for Program Purpose Areas At the present time, the Port Arthur Police Department is preparing to track all actions of juveniles handled by the department by entering all arrest/contacts into a central database computer system. Occasionally, some actions by juveniles do not get referred to the Jefferson County Juvenile Probation Department. Therefore, there is no way to track ail the contacts or actions of a juveniles contacted by Port Arthur police officers. These funds will be used to keep such a tracking system in place. All of the funds will be necessary to maintain the system, purchase supplies and to pay the data entry clerks to keep the system operationai and updated. JUVENILE CRIME ENFORCEMENT COALITION POLICE: Chief Darrell Bush SHERIFF: Lieutenant David Sosa PROSECUTORS: Mr. Ramon Rodriquez PROBATION OFFICERS/JUVENILE COURTS: Ms. Katie Durio SCHOOLS: Mr. Melvin Getwood BUSINESSES: Mr. Barry Sullivan SOCIAL SERVICE ORGANIZATION: Mr. Jack Leggett RESOLUTION FROM JCEC We the below listed members of the Juvenile Crime Enforcement Coalition do hereby approve of the Port Arthur Police Departments' application for the Juvenile Accountability Incentive Block Grant. We understand the money will be utilized outlined in their coordinated enforcement plan of continued usage and updating of their computer database for tracking all documented juvenile arrests/contacts made by Port Arthur police officers. We agree the plan will benefit not only Port Arthur officers but also area officers and agencies so they may be more effective in their investigations of juvenile crime and ~~._~~e{~ll BCt or assist in referrals to social services. ush, (~hii~-N~e erland P.D. ~i it ti011~i JS~e i~ r s o n. ~ County · ',~ ,~,,,,,~F,~, D.A. office Ms. Katie Durio, Asst. Chief Probation Officer-Jefferson County Mr. Melvin Getwood, Prir~cipal-Lincoln High School-Port Arthur Mr. Barry Sulhvan, Manager-Market Basket Store-Port Arthur /jack Leggeff,"~x~oftive Director-United Board of Missions-Port Arthu COMPREHENSIVE CERTIFICATION (pa~ 1 of 2) Juvenile Accountability Incentive Block Grant Fund Office of the ~oveznor RO. Box 12428 Austin, Texas 78711 512/463-1919 Fax: 512/475-2042 www.~over nor. state.tx.us This certification is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If it is later determined that the grantee knowingly rendered an erroneous certification, the agency, in addition to any other remedies available to the federal govermnent, may take available action. If this application is for federal funds in excess of $100,000, I certify to the best of my knowledge and belief: 1. no 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 ora member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. if any non-federal 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 contract, grant, loan, or cooperative agreement, shall check here [21 and the undersigned shall contact CJD or your local council of governments for the "Disclosure Form to Report Lobbying," and 3. the undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all sub-recipients shall certify accordingly. If this application is for federal funds, I certify that to the best of my knowledge and belief: 1. The applicant certifies that it will 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 a drug-free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the applicant'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. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a c°py °f the statement required by paragraph (A). D. Notifyingt/qe~nplclaseinthestat~reqJJ-redbfP~-~zmPh ~Q r_hat, asaccrditicnofemploym~ltunc~-rthe 1. abide by the terms of the statement, and 2. notify the employer of any criminal drag statute conviction for a violation occurring in the workplace n°t later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D)(2) from an employee or other- wise receiving actual notice of such conviction. F. Taking one of the following actions with respect to any employee who is so convicted: 1. taking appropriate personnel action against such an employee, up to and including termination; 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 drag-free workplace through the implernentati°n °f paragraphs (A), (B), (C), (D), (E), and (F) 17 Juvenile Accountability Incentive Block Grant Fund COMPREHENSIVE CERTIFICATION (This form must be submitted each year) (page 2 of 2) Please read carefully and place initials in appropriate spaces below. PART I :~A. UDIT CER'FIYICATION-- ANNUAL REPORTING REOI?IREMENT *:* NOTE: Make only one selection under either "Federal" or "State". Federal lfthis application is for federal funds, [ certify (initial one only): The applicant agency currently expends combined federal funding of $300,000 or more and, therefore, is required to submit an annual single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133. The applicant agency currently expends combined federal funding of less than $300,000 and therefore is exempt from the Single Audit Act and cannot charge audit costs to a CJD grant. I understand, however, that CJD may require a limited scope audit as defined in OMB Circular A-133. OR State If this application is for state funds, 1 certify (initial one only): The applicant agency currently expends combined state funding of $300,000 or more and, therefore is required to submit an annual single audit by an independent auditor made in accordance with the Uniform Grant Management Standards (UGMS). The applicant agency currently expends combined state funding of less than $300,000 and. therefore, is exempt from the Single Audit Act and cannot charge audit costs to a CJD grant [ understand, however, that CJD may require a limited scope audit as defined in OMB Circular A-133. adopted by reference in Texas Admimstrafive Code section 3.19 (see also UGMS State Single Audit). PA~ II: EOUAL OPPOR2-t~NITY PLAN (EEOP) CERTIFICATION -- ANNUAL REPORTING R UIREMENT To identify your ~ype of organization, please initial one of the following: Type I Entity: Educational/medical/non-profit institution/Native American Tribe -- certification required (initial below); EEOP NOT required. I certify this organization is a Type I Entity. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42 203), is not required to maintain an Equal Employment Opportunity Plan, but will comply with equal employment opportunity program guidelines of the Deparhnent of Health and Human Services (28 CFR 42.302). [ am unable to certify the above statement and have attached an explanation to this application. Type Ii Entity: All other recipients receiving less than $25,000 certification required (initial below); EEOP NOT required. I certify this organization is a Type II Entity. This entity will comply with the prohibitions against discriminafion in any program or activity (28 CFR § 42.203), but is not required to maintain an Equal Employment Opportunity Plan (28 CFR 42.301 et seq.). Type Iii Entity: All other recipients receiving more than $25,000, but not more than $500,000 certification required (initial below); organizaions must maintain EEOP on file for possible audit if the organization has more than 50 employees. I certify this organization is a Type II1 Entity that employs less than 50 people. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203), but is not required to maintain an Equal Employment Opportunity Plan (28 CFR 42.301 et seq.); I certify this organization is a Type Ill Entity that employs 50 or more people. This entity will comply with ~he prohibitions against discr0nination in any program or activity (28 CFR § 42,203), and has formulated an equal employment oppomunity program (28 CFR 42.301 et seq.), that is on file in the office of (insert organization name here) The City Secretary of the City of Port Arthur Type IV Entity: For-profit entities and state and local governments recmwng $500,000 or more -- cerlification required (initial below); thc organization must submit an EEOP to Office for Civil Rights (OCR) for approval. I certify this organization is a 'l~pe IV Entity. This entity will comply with the prohibitions against discrimination in any program or activity (28 CFR § 42.203). and has formulated an equal employment opportunity program (28 CFR 42.301 et seq.), that will be submitted to the Office for Civil Rights, Office of Justice Programs, Department of Justice, for approval upon award of a grant, Pn~r II1: DEBARMENT CERTIFICATION-- ANNUAL REPORTING REOU1REMENT lf thls application is for federal fitnds bi excess of $25,000, I certify that (initial one only): By submission of this proposal, that neither the applicant agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. [ am unable to certify the above statement and have attached an explanation to this application. PART IV: SIGNATURE PAGE Applicants must complete this form and submit it to CJD before they will receive state and/or federal funds. Recipients of state and/ur federal funds must fully understand and comply with the requirements listed on pages 1 and 2 of this document. Failure to comply may result in the withholding of funds, termination of the award, or other sanctions. City of Port Arthur Applicant's Organization Stephen Fitzgibbons. City Manager Printed Nmne and Title of Authorized Official Port Arthur Police Department ProjectTitle Juvenile Tracking Program Signature of the Authorized Official Date CERTIFIED ASSURANCES (page I of 3) Juvenile Accountability Incentive Block Grant Fund O:E:E:Lce o~' ~ P.O. Box 12428 Austin, Texas 78711 512/463-1919 Fax: 512/475-2042 This ccniHcation is a material representation of fact upon which reliance was placed with the agency determined to award the grant. If il is later deter- mined that thc granlee knowingly rendered an erroneous certification, Ihe agency, in addition to any other remedies available to the federal government, may take avaiIabIe action. The applicant hereby assures and certifies compliance with alt federal and state statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87, A-133; Office of Justice Programs (OJP) Financial Regulations; Education Department General Adminis- trative Regulations (EDGAR); E.O. 12372 Uniform Administrative Requirements for Grants and Cooperative Agreements -- 28 CFR, Part 66, Common Rule, and Title I, Part 1, Chapter 3 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State/~nds for this project. In instances where both federal and state requirements apply to a grantee, the more restrictive requirement applies. P._Arrr I: FEDERAL & STATE ASSURANCES The applicant assures and certifies that: 1. CONFLICT OF INTEREST-- 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. 2. EXAMINATION OF RECORDS-- It will give the sponsoring agency, the Office of the Governor, or the Comptroller General, through any authorized representative, access to and the right to examine ail records, books, papers, or documents related to the grant. 3. TAXES -- It will comply with all State and Federal tax laws and are solely responsible for filing all required State and Federal tax forms. 4. SUPPLANTING PROHIBITION-- It will use funds to supplement existing funds for program activities and may not replace (supplant) non-Federal funds that have been appropriated for the same purpose. The applicant understands that potential supplanting will be the subject of monitoring and audit. Violations can result in a range of penalties, including suspension of furore funds under this Program, suspension or debarment from Federal grants, recoupment of monies provided under this grant, and civil and/or criminal penalties. 5. NONDISCRIMINATION-- A. It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Consol and Safe Streets Act of 1968, as amended, (42 USC § 3789(d)), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title ll of the Americans With Disabilities Act (ADA) ( 1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Depart- ment of J'ustice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regula- tions on disability discrimination, 28 CFR Part 35 and Part 39. B. In the event a federal or state court or federal or state administrative agency makes a finding of discrimination aaera due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Justice Programs, Office for Civil Rights. C. It will provide an Equal Employment Opportunity Program (EEOP) if required to maintain one, where the application is for $500,000 or more. PART II: FEDERAL~ASSURANCES The applicant assures and certifies that: 1. LEGAL AUTHORITY-- It possesses legal authority to apply for the grant; 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- standings and assurances contained therein), and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additionaI information as may be required. 2. DISPLACED PERSQNS-- It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 USC § § 4601 - 4655) which provide for fair and equitable treatment of persons displaced as a result o fFederal and Federally assisted programs. 3. POLITICAL ACTIVITY-- It will comply with provisions of Federal law which limit certain poIitical activities of employees cfa State or local unit of guvernment whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC § 1501, et seq.) ~ 4. FAIR LABOR STANDARDS ACT-- It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 USC §§ 201 - 219) if applicable. 79 Juvenile Accountability Incentive Block Grant Fund CERTIFIED ASSURANCES (page 2 of 3) 5. COMPLIANCE WITH REOUIREMENTS-- It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 6. EPA VIOLAT1NGFACILITIES--Itwillinsurethatthefacilitiesunderitsownership, lease orsupervision, whichshallbeutilized in the accomplishment of the project, are not listed in the Environmental Protection Agency's (EPAs) list of Violating 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 Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 7. FLOOD INSURANCE-- It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act (50 USC § 4001), which states that, on or after Mamh 2, 1975, communities must purchase flood insurance, where such insurance is available in those communities. This requirement is a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, mbato, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assis- tance. 8. HISTORIC PRESERVATION--It will assistthe federal grantor agency in its compliance with Section I06 oftheNational Historic Preservation Act of 1966, as amended (16 USC § 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1974, as amended, (16 USC § 9. COMPLIANCE WITH LAWS AND GUIDES-- It will comply, and assure the compliance of all its subgrantoes and contractors, with the applicable provisions of Title 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 current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. I0. COMPLIANCE WITH CODE OF FEDERAL REGULATIONS-- It will comply with the provisions of 28 CFR applicable t° grants and cooperative agreements including Part 18, Administrative 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, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportu- nity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Manage- ment and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 11. COASTAL BARRIERS-- It will comply with the provisions ofthe Coastal Barrier Resources Act (16 USC § 3501, et seq') which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. PART III: STATE ASSURANCES The applicant assures and certifies that: 1. LEGAL AUTHORITY -- It possesses legal authority in the State of Texas to apply for the grant; a resolution, motion or similar action has been dulyadopted or passed as an official act of the applicant's governing body, authorizing the filing of the application (including all understandings and assurances contained therein), and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional informa- tion as may be required. 2. GRANT ADMINISTRATION-- It will maintain an appropriate grant administration system to ensure that all terms, conditions and specifications of the grant, including these standard assurances, are met. 3. PUBLIC INFORMATION -- It will ensure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 4. CHILD SUPPORT PAYMENTS - It will comply with Section 231.006 of the Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. SUSPECTED CHILD ABUSE - It wall comply with Section 261 · 101 o f the Texas Family Code, which requires rep°rting °f all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 2O CERTIFIED ASSURANCES (page 3 of 3) Juvenile Accountability Incentive Block Grant Fund 6. RELATIVES - It will comply ~vith Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member ofthe applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the guveming body, or to any other officer or em- ployee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 7. OPEN MEETINGS -- If the applicant is a governmental entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by taw or specifically excluded in the Texas Constitution. 8. HEALTH, HUMAN SERVICES, PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY-- Ifthe applicant is a health and human services agency or public safety or law enforcement agency, it will not contract with or issue a license, certificate or permit to the owner, operator or administrator ora facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 9. LAW ENFORCEMENT AGENCY-- If the applicant is a law enforcement agency regulated by Texas Govermment Code, Chapter 415, it will comply with all roles adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Texas Government Code, Chapter 415, or it must provide the Criminal Justice Division with a certification from the Texas Commission on Law Enforcement Officer Standards and Education stating that the agency is in the process of achieving compliance with such roles. Please read carefully and complete the signature block. PART III: SIGNATURE~PAGE Applicants must complete this form and submit it to CJD before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with the requirements listed for Federal and State Assurances. Failure to comply may result in the withholding of funds, termination of the award, or other sanctions. City of Port Arthur Applicant'sO~anization Stephen Fitzgibbons, City Manager Printed Name and Title of Authorized Official Port Arthur Police Department ProjectTitle Juvenile Tracking Program Signature of the Authorized Official Date 2q