Loading...
RES 1999-35TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 1999-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING CONTINUING PARTICIPATION IN THE NORTH CENTRAL TEXAS NARCOTICS TASK FORCE, ACKNOWLEDGING THE DUTY OF THE TOWN TO REPAY THE CRIMINAL JUSTICE DIVISION IF FUNDS ARE LOST OR MISUSED, AND PLEDGING PAYMENT OF THE LOCAL SHARE OF THE COSTS OF THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas has the moral obligation to the citizens and taxpayers of the Town of Trophy Club (the "Town") to ensure that the criminal justice system operates in the most efficient and coordinated way possible; and WHEREAS, the Council members feel that their Town's participation and continuance in the program known as the "NORTH CENTRAL TEXAS NARCOTICS TASK FORCE" will materially enhance the administration of justice in and around Trophy Club, Texas for crime victims; and WHEREAS, The Town Council of the Town of Trophy Club, Texas recognizes a need for such a Task Force and wishes the Town of Trophy Club, Texas to become involved with the Task Force by providing full time participation; and, WHEREAS, the opportunity to fund vital parts of this program is afforded through the Office of the Governor, Criminal Justice Division (CJD), and, WHEREAS, the Town Council of the Town of Trophy Club, Texas is aware that in the event of loss or misuse of CJD funds, the Town Council of Trophy Club assures that funds will be returned to CJD in full; and WHEREAS, the Town Council of the Town of Trophy Club, Texas on behalf of Trophy Club, Texas pledges its proportionate share of the cost of this project, as required. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Council of the Town of Trophy shall submit a request to the Office of the Governor, Texas Criminal Justice Division, to assist in the funding of the program known as the "North Central Texas Narcotics Task Force." Section 2. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 7th day of December , 1999. Mayor, To n of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: !. /..a. / r/.r /L�i _4 Y w IpC+ JICCI A� C` North Central Texas Narcotics Task Force Corporal William Rogers Project Administration Dear City Secretary: Please forward the enclosed paperwork to your Mayor for signature as soon as possible. We must mail the application for grant renewal for the North Central Texas Narcotics Task Force to Austin no later than January 4', so time is of the essence. A couple of hints to help your Mayor know what and where to sign: The second page (marked "Page 24") needs the Mayor's initials on the small line which corresponds to your particular certification. The Mayor's signature will go on the line above "Authorized Official". Please also date this form when signed. The third page (marked "Page 25) has a signature line at the bottom that's easy to miss. Again, please sign and date on the "Authorized Official" line. The fourth page, titled "Equal Employment Program Certification" has several spaces for information: If the name printed on the first line is incorrect, please change it to reflect the current mayor's name. The line in the middle of the page is the name of the person who keeps the file copy of your city's Equal Employment plan. Please print this person's name, address and title here. -This person could be the Mayor, the Human Resources Manager, the City or Town Manager, the City Secretary or whomever. The Mayor again signs his or her name on the line that says "Authorized Official". (The Project Director will sign all forms at one time when we get them back.) 4. Lastly, the document titled "Interagency Agreement Review and Approval" is the standard agreement required by the Texas Narcotics Control Program. Since your city council has already voted to approve this application (via resolution), this form can be signed by your Mayor without delay. (Please put the date the Mayor signed the agreement in the line which states "EXECUTED".) As always, I appreciate your hard work to help us complete the staggering amount of paperwork it takes to keep the Task Force funded. (Last year's grant application was approximately 400 pages!) If you have any questions please don't hesitate to give me a call. Wishing you a Happy Holiday Season, I remain, 127 North Woodrow Lane * Denton, Texas 76205-6397 * (940) 898-5666 * (972) 434-5010 (Metro) * (940) 898-5604(FAX) E -Mail WRogers@co.denton.tx.us Texas Narcotics Control Program COMPREHENSIVE CERTIFICATION 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 government, 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 of a 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 of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; and 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, the undersigned shall check here and contact CJD or your local council of governments for the "Disclosure Form to Report Lobbying." 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/assignees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will betaken against employees for violation of such prohibition. B. Establishing a drug-free awareness program to inform employees/assignees 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/assignees for drug abuse violations. C. Making it a requirement that each employee/assignee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A). D. Notifying the employee/assignee in the statement required by paragraph (A) that, as a condition of employment/assignment under the grant, the employee/assignee will: 1. abide by the terms of the statement, and 2. notify the applicant agency and CJD of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D) (2) from an employee/assignee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions with respect to any employee/assignee so convicted: 1. taking appropriate personnel action against such an employee/assignee, up to and including termination; or 2. requiring such employee/assignee 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 the implementation of paragraphs (A), (B), (C), (D), (E), and (F). (Continued on Next Page) Page 23 Texas Narcotics Control Program COMPREHENSIVE CERTIFICATION (Continued) If this application is for federal funds, I certify (initial the appropriate choices): 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 1966 and OMB Circular A-133. The applicant agency currently expends combined state funding of 5300,000 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 no federal funding or 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. If this application is for federal funds in excess of 525,000, I certify that (initial the appropriate choice): MOP- — 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. I am unable to certify the above statement and have attached an explanation to this application. 2fD�Ggi Signa urc 0AALIthorized Official Date County of Denton Texas Applicant Organization for aw✓I ca Cio /44, Part ipating Agency Page 24 Texas Narcotics Control Program CERTIFIED ASSURANCES The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OA48 Circulars No. A 21, A-110, A-122, A-128, A-87, E. 0 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements —28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal Funds for this federally -assisted project. Also the Applicant assures and certifies 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 ad of the applicant's governing body, authorizing the person identified as the official representative of the applicant to ad in connection with the application and to provide such additional information as may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 3. it will comply with provisions of Federal law which limit certain political activities. of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or give 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. 6 It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. T It will comply with all requirements imposed by the Federal Sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 8 It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed in the Environmental Protection Agency's (EPA) 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. 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.975, approved December 31, 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 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, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10, It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 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 of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply, and assure the compliance of all its subgrantees 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 Guide, and all other applicable Federal laws, orders, circulars, or regulations. 12. It will comply with the provisions of 28 CFR applicable to 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 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. 13. It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) , or Victims of Crime Ad (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 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, Department of Justice Non-discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G. and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 14 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 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 for Civil Rights, Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. Signature of the Aluthorized Official Date Page 25 Texas Narcotics Control Program XOMW MWo ••� For Applicant Agencies that employ over 50 or more people 1> Marshall Englebeck certify that: This agency employs 50 or more (Name of Authorized Official) people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000; therefore, the Town of Trophy Club, Texas has formulated an equal employment program (Applicant Agency) in accordance with 28 CFR 42.301 et seq., Subpart E and that is on file in the office of: (Name) Trn r' y C l ,A , T:e,ca 1n1� �r— (Address) (Title) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: North Central Texas Narcotics Task Force Authorized Official (Signature) Date Project Director (Signature) Date Page 39 NORTH CENTRAL TEXAS NARCOTICS TASK FORCE INTERAGENCY AGREEMENT REVIEW AND APPROVAL STATE OF TEXAS COUNTY OF DENTON This agreement is entered into by and between Denton County, a political subdivision of the State of Texas, and the Town of Trophy Club, Texas, a municipal corporation, pursuant to Chapter 791 of the Texas Government Code, authorizing interlocal cooperation contracts. WITNESSETH WHEREAS, Denton County and the Town of Trophy Club, Texas desire to cooperate in the investigation of criminal activity and the enforcement of narcotics laws within Denton County and Wise County, Texas; and, WHEREAS, Denton County has filed, or intends to file, a grant application with the Office of the Governor, Criminal Justice Division, for funding to continue operations of the Narcotics Task Force during the period of June 1, 2000 through May 31, 2003; and, WHEREAS, Denton County and the Town of Trophy Club, Texas have agreed to contribute matching funds if said application is approved; and, WHEREAS, the source of the matching funds from Denton County and the Town of Trophy Club, Texas is from current revenues of Denton County and the Town of Trophy Club, Texas; and, WHEREAS, Denton County and the Town of Trophy Club, Texas believe it to be in their best mutual interests to continue the Narcotics Task Force; and, WHEREAS, Denton County and the Town of Trophy Club, Texas shall each adhere to all pertinent federal, state, and local laws or regulations; now THEREFORE IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I 1.01 The purpose of this agreement is to allow for the continuing participation of the Town of Trophy Club, Texas in the North Central Texas Narcotics Task Force funded by the Criminal Justice Division. An application for funding for the period June 1, 2000 through May 31, 2003 is attached hereto as Exhibit "A" and made a part hereof for all purposes. TERM 2.01 The term of this agreement is to commence June 1, 2000 and to end May 31, 2003. ARTICLE III CONSIDERATION 3.01 As consideration for this agreement, Denton County and the Town of Trophy Club, Texas agree to contribute from their current revenues matching funds for the enhancement of a North Central Texas Narcotics Task Force. ARTICLE IV ALLOCATION OF FUNDS 4.01 The specific allocation of Denton County and all other sources of funds is set out in the attachments to this agreement, marked as Exhibit "A", and is made a part hereof for all purposes. ARTICLE V 5.01 Upon termination of this agreement, ownership of equipment, hardware, and other non -expendable items shall revert to the Task Force, subject to the approval of the Office of the Governor, Criminal Justice Division. ARTICLE VI INTI � ►1 • ul 6.01 This agreement may be amended only by the mutual agreement of the parties hereto, in writing to be attached to and incorporated into this Agreement. LEGAL CONSTRUCTIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 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, or amended as provided for in Article VI, 6.01 herein, shall be valid or binding. EXECUTED, and our signatures affixed, on this, the day of FOR THE TOWN OF TROPHY CLUB, TEXAS \�I SIGNA PRINTED NAME TITLE'" FOR DENTON COUNTY, TEXAS Kirk Wilson County Judge Denton County, Texas 199