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HomeMy WebLinkAboutContract 49092 CITY SECRETARY NO CONTRACT NO. City of Fort Worth, By and Through Its Police Department Safe City Commission, Inc. 1100 Hemphill Fort Worth, TX 76104 And City of Fort Worth Contract#2016-GP-BX-0015 This Contract ("Contract") is made and entered into by and between Safe City Commission, Inc. (SCC) acting by and through its duly authorized President, Ken Shetter, and the City of Fort Worth (Subrecipient) on behalf of the Fort Worth Police Department acting by and through its duly authorized Assistant City Manager, Valerie R. Washington. SCC and Subrecipient are individually referred to as "Party" and collectively referred to as the "Parties." The term "SCC" shall include SCC, its officers, agents, employees, representatives, contractors or subcontractors. The term "Subrecipient" shall include Subrecipient, its officers, agents, employees, representatives, contractors or subcontractors. WHEREAS, the Parties agree that increased police presence in the Project Safe Neighborhood (PSN) target areas will help to decrease gang and gun crime and create a safer neighborhood, and WHEREAS, the Parties agree that utilizing a data-driven, collaborative approach will help to reduce and prevent domestic violence, gang and gun crime, AND WHEREAS, The U.S. Department of Justice, Office of Justice Programs has authorized SCC, as Fiscal Agent, to enter into this contract with the Subrecipient for the purpose of providing funds for items listed in the budget (Sec. V.B.) including overtime hours and fringe benefits for Fort Worth Police Officers to work in the PSN target areas and the cost of surveillance equipment. NOW, THEREFORE, SCC and Subrecipient enter into this Contract. SCC agrees to pay Subrecipient for services performed in accordance with this Contract $145,380.00 in accordance with the provisions of this Contract. 1. CONTRACT DOCUMENTS. 8 910 r r , The Agreement documents shall include the following: 1. The contract between Subrecipient and SCC 2. Exhibit A—Award Document ` << 3. Exhibit B—Request for Reimbursement `; �� '" 4. Exhibit C—Performance Measures 5. Exhibit D—Program Activities Report �l ll Ot 6 S L 9 C� Exhibits A through D, which are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and conditions of Exhibits A through D, and the terms and conditions set forth in the body of this Contract, the terms and conditions set forth in the body of this of Contract shall control. City of Fort Worth and Safe City Commission,Inc. FOFFICIAL RECORD Contract#2016-GP-BX-0015 CRETARY Page 1 of 7 RTH,TX 2. CONTRACT MODIFICATION. This contract may be amended only in writing signed by SCC and Subrecipient. 3. TERM AND TERMINATION. This Contract shall commence on the date of execution by both parties ("Effective Date") and shall continue in full force and effect until September 30, 2018, unless terminated earlier in accordance with the provisions of this Contract. Subrecipient shall be entitled to terminate this contract for any reason with thirty (30) days' written notice to SCC without any liability or further obligation to SCC. Subrecipient shall be entitled to reimbursement for all amounts incurred prior to the date of termination. SCC shall be entitled to terminate this contract in accordance with the provisions of this Contract. 4. FINANCIAL LIMITATIONS AND CONSIDERATIONS. A. Funds Availability. Payments to Subrecipient under this contract shall at all times be contingent upon the availability and receipt of federal funds that the Department of Justice has allocated to this contract; and if funds for this contract become unavailable during any budget period, this contract may be immediately reviewed, terminated or reduced at the discretion of SCC. B. Amount of Payment. Subrecipient's actual cost should be reasonable, necessary and allowable to provide services under this contract budget for the following $145,380.00 from available funds for service rendered in accordance with the terms of this contact upon receipt of a proper and verified billing statement with accompanying documentation SCC may reduce any payments to the extent of any previous overpayments by SCC to Subrecipient. If program income accrues, the Subrecipient shall return to SCC any income that exceeds actual costs incurred for services rendered under contract. In no event shall payment by SCC to Subrecipient exceed the Subrecipient's actual reasonable necessary and allowable costs to provide services under this contact budget. C. Basis for Payment. Payment of the Program Funds from SCC to Subrecipient shall be made on a cost-reimbursement basis following receipt by SCC from Subrecipient of a signed Request for Reimbursement ("RFR"), as described in Exhibit "B," and copies of all receipts and support documentation. Subrecipient shall deliver to SCC a written Program Activities Report with each RFR to support expenditure of Program Funds. Such reports shall be signed by the Subrecipient or an authorized employee of Subrecipient. D. Actual Costs. The reimbursement made to the Subrecipient shall not exceed the Subrecipient's actual costs to provide the services under this contract and the Subrecipient's actual costs, both direct and indirect, must be reasonable and allowable according to the Office of Management and Budget. City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 2 of 7 Overtime Salaries for Officers $78,400.00 Officer Medicare (FICA) and Retirement $13,328.00 Equipment - Real Time Crime Cameras $53,652.00 TOTAL $145,380.00 E. Scope of Services. To further the goals of the Task Force described in Exhibit C, Fort Worth Police Department (FWPD) Officers will perform strategic law enforcement details and assignments in PSN target areas. FWPD Officers will be assigned to perform these details and assignments at the sole discretion of FWPD. Although the objective of the details and assignments will be to further the Task Force's goals, the determination of the specific methods and activities of each detail or assignment shall be determined at the discretion of FWPD. In addition to specific details and assignments, FWPD, in its sole discretion, may undertake any lawful law enforcement or administrative activity it believes will further the goals of the PSN program. All actions undertaken by Subrecipient within this scope of service shall be reimbursable under the terms of this Contract. F. Payment. SCC shall reimburse Subrecipient's actual costs within thirty (30) days of receiving the RFR and Program Activities Report from Subrecipient. G. Lobbying Limitations. The Subrecipient shall not use any funding under this contract to influence the outcome of elections or the passage or defeat of any legislative measures. H. Taxes. The Contractor will not be liable for state, local or federal excise taxes incurred by or payable by Subrecipient. The Subrecipient must demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. The Subrecipient must comply with all Federal and State tax laws and withholding requirements. SCC will not be liable to the Subrecipient of its employees for any Unemployment of Workers' Compensation coverage, or Federal or State withholding requirements. I. Accounting. The Subrecipient shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Accountants n submitting timely billing and maintaining financial records required to be kept under this contract. J. Audit. Acceptance of funds under this contract acts as acceptance of the authority of the Bureau of Justice Programs (BJA), the Office of Inspector General or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 3 of 7 S. NOTICES. All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: Subrecipient: Valerie R. Washington,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street, Third Floor Fort Worth, Texas 76102 Copy To: Grants and Program Management Section Bob Bolen Public Safety Complex 505 W. Felix Street Fort Worth, Texas 76115 SCC: Ken Sheffer, Executive Director Safe City Commission, Inc. 1100 Hemphill Street Fort Worth, Texas 76104 6. ADDITIONAL RESPONSIBILITIES OF SUBRECIPIENT The Subrecipient is required to: A. Provide services in accordance with the provisions of this contract; and shall allow Contractor, BJA and its representatives to monitor, audit, evaluate and otherwise review the services provided and related documentation. B. Notify the Contractor and BJA immediately and in advance of any significant change affecting the Subrecipient, including change of Subrecipient's name or identity, ownership or control, governing board membership, executive leadership, payee identification number, or other significant events. C. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state laws, rules and regulations, including, but not limited to those set forth in 42 U.S.C. Section 3789g and 28CFR part 22. D. Subrecipient agrees to comply with applicable state and federal laws, rules, and regulations regarding conflicts of interest in the performance of its duties under this contract. City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 4 of 7 7. EXECUTION OF CONTRACT. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated affix their signatures and bind themselves during the effective dates. 8. FORCE MAJEURE. SCC and Subrecipient shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. The Subrecipient shall inform SCC in writing of proof of such force majeure within a reasonably prudent time. 9. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 10. GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract, venue for said action shall lie in Tarrant County, Texas. 11. HEADINGS NOT CONTROLLING. Headings and titles used in this Contract are for reference purposes only and shall not be deemed a part of this Agreement. 12. GOVERNMENTAL POWERS. Both Parties agree and understand that the Subrecipient does not waive or surrender any of its governmental powers by execution of this Contract. 13. ENTIRETY OF AGREEMENT. This Contract, including Exhibits A through D, contains the entire understanding and agreement between the Subrecipient and SCC, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Contract. City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 5 of 7 14. INDEPENDENT CONTRACTOR Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of SCC. SCC shall operate hereunder as in independent contractor and not as an officer, agent, servant, or employee of the Subrecipient. Subrecipient shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. SCC shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither SCC nor Subrecipient shall be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, or employees of the other. Nothing in this Contract shall waive any statutory or common-law immunity or defense of Subrecipient or SCC. 15. LIABILITY. To the extent allowed by law, each of the parties shall be liable and responsible for any damages or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each of its respective officers, agents, servants, or employees. Section 15 shall survive the termination or expiration of this Contract. 16. REVIEW OF COUNSEL. The Parties acknowledge that each party and its counsel have reviewed this Contract. The Parties agree that the tenant of contract construction that any ambiguity should be construed against the drafter shall not apply as to this Contract. 17. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Signature Page Follows] City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 6 of 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this, th day of , 2017. CITY OF FORT WORTH: SAFE CITY COMMISSION/ONE SAFE PLACE By: By: L?CS=D Valerie R. Washington Name: Assistant City Manager Title: Date: '�'f I"(IIT- Date: 4-f APPROVAL RECOMMENDED BY: By: Joel F. Fitzgerald Chief of Police Date: 1 3/ Z� APPROVED AS TO FORM AND LEGALITY: Joate Ass' ant City Attorney U ATTEST: By�S — ct Authorization: Mary J. Kayser M&C: nys 1 City Secretary Date: 117L-111-1 , FORM 1295 Certification No. 70) Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. OFFICIAL RECORD CITY SECRETARY .� FT.WORTH,TX City of Fort Worth and Safe City Commission,Inc. Contract#2016-GP-BX-0015 Page 7 of 7 i Exhibit A — Award Document i I I l U'S'Department of Justice t Office of Justice Programs r i a Office ofthe Assistant Attorney General lVaskfngon,D.C. 20531 September 14,2016 Mr.Ken Shetter Safe City Commission 1100 Hemphill Fort Worth,TX 76104-4601 Dear Mr.Shetter: On behalf of Attomey General Loretta Lynch,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Violent Gang And Gun Crime Reduction Program(PSN):USAO district populations of S million or more in the amount of$500,000 for Safe City Commission. Enclosed you will find the Grant Award and Special Conditions documents. '11nis award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a mininnum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. Ifyou have questions regarding this award,please contact: Program Questions,Elizabeth While,Program Manager at(202)598-7402;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)455-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Karol Virginia Mason Assistant Attorney General Enclosures " x OFFICE FOR CIVIL RIGHTS Office of Justice Programs it ~r U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@iisdoj.gov usdoj.gov Websitc:www.cjp.usdcj.gov/ocr September I4,2016 Mr.Ken Shelter Safe City Commission 1100 Hemphill Fort Worth,TX 76104-4601 I Dear Mr.Shelter: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the O1P,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA fiends to understand their obligations. The Frequently Asked Questions are available at littp://ojp.gov/about/ocr/vaNvafags.htai. Enforcing Civil Rights Taws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. i I i C _ Providing Services to Limited English Proficiency(LEP)Individuals 'r In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http://ivww.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R,pt.38,requires State Administering Agencies(SAAB)to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to Rind inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please see the OCR's website at http://w-,vw.ojp.usdoj.govlabout/ocr/equal fbo.htm. SAAB and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42.U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(6);and VAWA,Pub.L.No.113-4,see.3(b)(4),127 Stat,54,61-62(to be codified at 42 U.S.C.§13925(b)(I3))contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the i statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. j i Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(Jane 2013),available at httpJ/www.ojp.usdoj.gov//about/ocr/pdfs/UseofConvirtiort Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory,recipients should consult local counsel in reviewing their employment practices_ If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(e)(5)). E TYlecting the 1;1101'Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://,ivww.ojp.usdoj.gov/about(ocrfpdfs/cerLpdf. If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an ESOP Short Form),but it does not have to submitthe report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http:/hnvvv.ojp.usdoj.gov/abouttoer/pdfs/Cert.pdf. If your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at http:/hvwNv.ojp.usdoj.gov/abotit(ocr/eeop.htm. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http:l/-vvtivw.ojp.usdoj.gov/abotitlocr/pdfs/cert,pdf To comply with the EEOP requirements,you may request technical assistance from an ESOP specialist at the OCR by telephone at(202) 307-0690,by YrY at(202)307-2027,or by e-mail at EEOsubmisson@usdoj,gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement see http://Nvnvw.ojp.tisdoj.gov/funding(other_requirenientshtm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a A&A.— Michael L.Alston Director cc: Grant Manager Financial Analyst i U.S.Department of Justice + ( Office of Justice Programs i PAGE 1 OF II 1 9 Bureau of Justice Assistance Grant 1 z 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER 2016-GP-BX-0015 Safe City Commission 1100 Hemphill S.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2018 Fort Worth,T:C 76104-4601 BUDGET PERIOD:FROM 10/01/2016 TO 09/30/2018 6,AWARD DATE 09/14/2016 7.ACTION 2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial j 752509669 00 2b.GRANTEE DUNS NO. —"-- 3635692_08 9.PREVIOUS AWARD AMOUNT so 3.PROJECT TITLE a 10.AMOUNT OF THIS AWARD_ $500,000 PSN Program _ ----- 11.TOTAL AWARD $500,000 12,SPECIAL CONDITIONS - W THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT I This project is supported under FY16(BJA-PSN)Pub.L.No.114-113,129 Stat 2242,2307 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.609-Project Safe Neighborhoods 15,METHOD OF PAYMENT GPRS l AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Karol Virginia Mason Ken Shelter Assistant Attorney General President ` i I 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. RGPUGTI I08 FISCAL FUND BUD. DIV- YEAR CODE ACT. OFC. REG. SUB. PDMS AMOUNT X B GP 80 00 00 500000 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. t OJP FORM 400012(REV-4-88) ( i °u U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION f a ^ 3 Bureau of Justice Assistance SHEET PAGE 2 OF I t Grant PROJECTNUMBER 2016-GP-BX-0015 AWARD DATE 09/14/2016 f SPEML CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted j and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this 2016 award from the Office of Justice Programs(OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this 2016 award } supplements finds previously awarded by OJP under the same award number(c.g.,funds awarded in 2014 or earlier years),the Part 200 Uniform Requirements apply with respect to all finds under that award number(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the Office of Justice Programs(OJP)website at http://ojp.govlfunding/Par(20OUniformRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by ON that may appear to conflict with,or differ in some way fiom,the provisions of the Part 200 Uniform Requirements,the i recipient is to contact OJP promptly for clarification. I 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently,the"2015 DOJ Grants Financial Guide"),including any updated version that may be posted during tie period ofperforniance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfidly completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient`s acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2015,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at ht(p://NNNS,sv.ojp.gov/training/fnits.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that ON will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. I I OR FORNI400012(REV.4-85) - i _ U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ' ✓_ Bureau of Justice Assistance SHEET PAGE 3 OF I I Grant PROJECT NUMBER 2016-GP-BX-0015 AWARD DATE 09/11/2016 SPECL4L CONDITIONS 4. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(t),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements_ The"de minimis"rate may be applied only to modified total direct costs(IvITDC)as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which fiords are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at htlp://mvw.sam.gov. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier sllbrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Fxplore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e_, unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward, This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"), The details of the requirement for authorization of any subaward are posted on the OJP web site at ht(p://ojp.gov/funding/E?xplore/SubawardAuthorization.litm(Award condition: Award Condition: All subawards ("subgrants")must have specific federal authorization),and are incorporated by reference here. OJP FORM 4000/2(REV.4-88) U.S,Department of Justice `. Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 11 E Grant Lnr= 4 1 PROJECTNUMBER 2016-GP-BX-0015 ANVARDDATE 09/14/2016 { SPECIAL CONDITIONS 8, Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details ofthe requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on flip,OJP web site at http://ojp.gov/fieldingftplore/NoncompetitiveProcurement.htm(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if contract would exceed$150,000)),and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part ofrecipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details ofthe recipienCs obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-'Frafftcking.htm(Award condition: Prohibited I conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 10. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 o f"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 11, Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness ofactivities under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act,and other applicable laws. i 12. OJP Training Guiding Principles i Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles far Grantees and Subgrantees, available at http://ojp.gov/fittidinglojptraininggiiidingprinciples,htm. OJP FORM 4000/2(REV.4-88) E E U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION s t Bureau of Justice Assistance SHEET PAGE 5 OF 11 Grant PROJECT NUMBER 2016-GP-13X-0015 AWARD DATE 09/14/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OV W,as appropriate)may withhold award finds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period ofperfonnance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. i 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F-R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R-Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at htip://wtvtv.ccfr.gov/cgi- bin/ECFR`dpage=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current" data, 17. Restrictions on"lobbying" Federal fonds may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,modification or adoption of any law,regulation,or policy,at any level of government. Should any question arise as to whether a particular use of Federal fiords by a recipient(or subrecipient)would or might fall within the scope of this prohibition,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. OR FORiY14000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION i SHEET PAGE 6 Or Il Bureau of Justice Assistance Grant PROJECTNUMBER 2016-GP-BX-0015 AWARD DATE 09/14/2016 _. SPECIAL CONDITIONS 18. Compliance with general appropriations-law restrictions on the use of federal fiords(FY 2016) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2016,are set out at http://ojl).gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-late restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP, 19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct E The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotlhlC usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at http://Nvww.iisdoj.gov/oig, 1 7 OV PORNI 4000/2(REV.4-88) I it U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION f i Bureau of Justice Assistance SHEET PAGE 7 OF t 1 i Grant j i PROJECTNUMDER 2016-GP-SX-0015 AIVARDDATE 09/14[2016 ft I SPECML CONDITIONS 20. Restrictions and certifications regarding nondisclosure agreements and related matters 1 No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or I subcontract with any finds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in [ accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal i department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. i 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and t b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute 1 agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt € written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or bot11-- a. it represents that-- . { (1) it has determined that no other entity that the recipient's application proposes may or will receive award fiords 1 (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently i prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, t fraud,or abuse as described above;and (2) it has made appropriate inquiry,or othenvise has an adequate factual basis,to support this representation;and F 6 b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award fiords to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. F OR FORM 400012(REV.4-88) I I U.S.Department ofJustice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 11 � Grant i PROTECTNUMBER 2016-OP-13X-0015 AWARD DATE 09/14/2016 I SPECIAL CONDITIONS i 21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal,notice to employees) The recipient must comply with,and is subject to,all applicable provisions of41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal fluids, an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details ofrecipient obligations,which derive from the Federal Funding Accountability and Transparency Act of2006(FFATA),are posted on the Office ofJustice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). I 24. The recipient agrees to submit to BJA for review and approval any curricula,training materials,proposed publications, reports,or any other written materials that tivilI be published,including web-based materials and web site content, through funds from this grant at least thirty(30)working days prior to the targeted dissemination date. Any written, visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's expense,shall contain the following statements:"This project was supported by Grant No.2016-GP-BX-0015 i awarded by the Bureau ofJustice Assistance.The Bureau ofJustice Assistance is a component ofthe Department of Justice's Office ofJustice Programs,which also includes the Bureau ofJustice Statistics,the National Institute of j Justice,the Office of Juvenile Justice and Delinquency Prevention,the Office for Victims of Crime,and the SMART Office.Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department of Justice."The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. i i i OR FORM 400012(REV.4-88) �M U.S.Department ofJustice Office ofJustice Programs AWARD CONTINUATION 1, f Bureau of Justice Assistance SHEET PAGE 9 OF 11 I Grant PROJECT NUMBER 2016-GP-BX-0015 A\VARD DATE 09/14/2016 SPCCUL COND117ONS 25. The recipient agrees to submit to BJA for review and comment any curricula,training materials,proposed publications, reports,or any other written materials that will be published,including web-based materials and web site content, through funds from this grant at least thirty(30)working days prior to the targeted dissemination date.Any written, visual,or audio publications,with the exception ofpress releases,whether published at the grantee's or government's expense,shall contain the following statements:"This project was supported by Grant No.2016-GP-BX-0015 awarded by the Bureau of Justiee Assistance.The Bureau ofJustice Assistance is a component ofthe U.S.Department of Justice's Office ofJustice Programs,which also includes the Bureau ofJustice Statistics,the National Institute of Justice,the Office of Juvenile Justice and Delinquency Prevention,the Office for Victims of Crhne,and the SMART Office.Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies ofthe U.S.Department ofJustice."The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. 26. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be.submitted to and approved by the Office ofJustice Programs(OJP)program office prior to 1 obligation or expenditure of such funds_ t t r 27. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee ofthe award recipient at a rate that exceeds 110%ofthe maximum annual salary payable to a member ofthe federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion ofthe OJP official indicated in the program announcement under which this award is made, 28. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 29. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. 30. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))on alI grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to OJP all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant funds;referral to the Office ofthe Inspector General for audit review;designation ofthe recipient as a DOJ High Risk grantee;or tennination of an award(s). 31, The award recipient agrees to participate in a data collection process measuring program outputs and outcomes.The data elements for this process will be outlined by the Office ofJustice Programs. 32. Grantee agrees to comply with the requirements of28 C.F.R.Part 46 and all Office ofJustice Programs policies and procedures regarding the protection of human research subjects,including obtainment of institutional Review Board approval,if appropriate,and subject informed consent. OJP FORlvt 4000/2(REV.4-88) U.S.Department of Justice \ Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 or 11 Grant PROJECTNUMnER. 2016-GP-13X-0015 _ AWARD DATE 0911412016 SPECIAL CONDITIONS 33. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 37898 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 34. Applicants must certify that Limited English Proficiency persons have meaningfiil access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with Title VI and the Safe Streets Act,recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs.Meaningful access may entail providing language assistance services,including oral and written translation when necessary.The U,S.Department of Justice has issued guidance for grantees to help thein comply with Title VI requirements.The guidance document can be accessed on the Internet at www.lep.gov. 35. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 36. The recipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection requests,including,but not limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 37. The grantee agrees to secure and maintain on file signed statements by each member of the selection committee appointed by the United States Attorney or the PSN Task Force indicating that in making recommendations or j decisions regarding contracts or subgrants paid for by this grant,the member had no conflict of interest. Such statements must include all of the language included in the PSN Conflict of Interest Certification,however,the grantee may use a different format or may add other related certifications of their own. i 38. The recipient agrees to coordinate the project with the U.S.Attorney and Project Safe Neighborhoods'l'ask Force for the district covered by the award. The recipient also is encouraged to coordinate with other community justice initiatives(such as Weed&Seed and ATFs Youth Crime Gun Interdiction Initiative),and other ongoing,local gun prosecution and law enforcement strategies. 39- The recipient agrees to submit to DOJ for review and approval,any proposal or plan for Project Safe Neighborhoods fund Anti-Gang Initiative media-related outreach.DOJ approval must be received prior to any obligation or expenditure of grant funds related to the development of media-related outreach projects. 40. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the PSN law enforcement and partner agencies that clearly outlines their respective roles and responsibilities,and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 41. The recipient is authorized to incur obligations,expend,and draw down fiends for travel,lodging,and per diem costs only,in an amount not to exceed$15,000,for the sole purpose of attending a required OJP conference associated with this grant award.The grantee is not authorized to incur any additional obligations,or make any additional expenditures or draw downs until the awarding agency and the Office of the Chief Financial Officer(OCFO)has reviewed and approved the recipient's budget and budget narrative,and a Grant Adjustment Notice(GAN)has been issued to remove this special condition. 42. The recipient shall submit to OJP for approval any strategic plan involving funds administered through OJP. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTI WATION to 1 Bureau of Justice Assistance SHEET PAGE n or It Grant PROJECTNUMSER 2016-GP-BX-0015 AWARD DATE 09/14/2016 i SPECIAL CONDITIONS I 43. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS j The recipient must comply with any and all applicable requirements regarding reporting ofinFormation on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system j (currently,"FAPIIS"). The details ofrecipient obligations regarding the required reporting(and updating)ofinfonnation on certain civil, j criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OJP web site at http:llojp.gov/funding/FAPIIS,htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. I i i i OR FORM 400012(RSV.4-88) i i U.S.Department of Justice i Office of Justice Programs Bureau of Justice Assistance A'aslington,D.C.20531 1 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator j i Subject: Categorical Exclusion for Safe City Commission I The FYI 6 Project Safe Neighborhoods initiative,represents a strategic approach that brings more"science"into criminal justice operations by leveraging innovative applications of analysis,technology,and evidence-based practices with the goal of improving performance and effectiveness while containing costs while addressing crime associated with gun crime and gang violence.Awards under this program will implement the five core elements of PSN—partnerships,strategic planning,training,outreach,and accountability—to address specific gun crime and gang violence problems in that district. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1)New construction; 2)Any renovation or remodeling of a property either(a) listed on or eligible for listing on the National Register of Historic Places or(b)located within a 100-year flood plain; 3)A renovation which will change the basic prior use of a facility or significantly change its size; 4)Research and technology whose anticipated and future application could be expected to have an effect on the environment;or 5)Implementation of a program involving the use of chemicals. i Consequently,the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph l 4(b)of Appendix D to Part 61 of the Code of Federal Regulations.Additionally,the proposed action is neither a phase nor a segment or a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. i E 1 e I 9 f U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: \, Office orlusticePrograms PROJECT SUMMARY z x Bureau of Justice Assistance mow., s Grant j PROJECT NUMBER PAGE 1 OF I 2016-GP-BX-0015 This project is supported under FYI6(BJA-PSN)Pub.L.No.114-113,129 Stat 2242,2307 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Elizabeth White Brenda O'Quin (202)598.7402 Director,Training and Education 1100 Hemphill Suite 300 Fort Worth,TX 76J04 (817)916-4313 t 3a.TITLE OP THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS E f BJA FY 16 Violent Gang and Grin Crime Reduction Program(PSN):USAO district populations of 5 million or ON REVERSE) more i 4.TITLE OF PROJECT PSN Program 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Safe City Commission 1100 Hemphill Fart Worth,TX 76104-4601 i 7.PROGRAM PERIOD KBUDGETPERIOD FROM: 10/01/2016 TO: 09/30!2018 FROM: 10/01/2016 TO: 09/30/2018 9.AMOUNT OF ANVARD 10.DATE OF A WARD $500,000 09/14/2016 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) As part ofBIA's Smart Suite,the Project Safe Neighborhoods(PSN),represents a strategic approach that brings more"science"into criminaI justice operations by leveraging innovative applications of analysis,technology,and evidence-based practices with the goal of improving performance and effectiveness while containing costs.'Jheprogram's effectiveness is based on lire cooperation of local,state,and federal agencies engaged in a unified approach led by lite U.S. Attorney(USA)in each district The USA is responsible for establishing a collaborative PSN task force of federal,state,and local law enforcement and other community members to implement gang violence and gun crime enforcement,intervention and prevention initiatives within the district Through the PSN task force,the USA will implement the five design features of PSN—partnerships,strategic planning,training,outreach,and accountability—to address specific gun Crim and gang violence problems in that district. The Safe City Commission,acting as the fiscal agent for Ilse Northern District of Texas,will use grant funds to initiate a multidisciplinary intervention in two of the OJP FORM 4000/2(REV.4-88) I i i most persistent hotspots in the city of Port North.The grantee will target gang and gum violence through increased collaboration with partner agencies,analysis of related violent crimes,and the implementation of a flexible intelligence-led,problem solving approach.In addition,grant funds will be utilized to develop a media campaign devoted to the prevention o£gang and gun violence. CAINCP 1 i k F n i Exhibit B — RFR i a I I 4jQ18 PSl�1itni� 171 emeltques ' _-. 3 Nortliem C rt i[t W Texas tY ._ Pro } i ' � NSI hborhoods '4���afeP[�c� 9 Submit to: Safe City Commission/One Safe Place Submitting Agency: 1100 Hemphill Agency Contact Name; Fort Worth,Texas 76104 email; Attn:Grant Summers Period covered by this requests 10/1/2016 - 9/30/2018 A B C D E (B+C) (A-0) Previous This Total Balance Budget Category Budget.Amount Reimbursements Request Requested Available 1 Personnel $ 78,400.00 $ - $ - $ - $ 78,400.00 2 Fringe $ 13,328.00 $ - $ - $ - $ 13,328.00 3 Travel $ - $ - $ - $ 4 Equipment $ 53,652.00 $ - $ - $ - $ 53,652.00 5 Supplies $ - $ - $ - $ - $ - 6 Construction $ - $ - $ - $ - $ - 7 Consultants/Contracts $ - $ - $ - $ - $ 8 Other $ - $ - $ - $ - $ - Total Direct Costs $ 145,380.00 $ - $ - $ - $ 145,380.00 9 Indirect Costs $ - $ - $ - $ - Total Programmatic Costs $ 145,380.00 $ - $ - $ - $ 145,380.00 Please Attach; 1. Attach original invoices. 2. For Personnel Cost, include copies of times sheet and cancelled checks or report from payroll provider; time sheets & copies of checks must contain original signatures. Summary: Total Budget: Previous Requests: None 1 have reviewed this request and ceritfy that the listed This Request: expenses are accurate and are chargeable to the Total Spent: FY2096-G1-8X--0095 Balance left in grant: $ - Fiscal Agent Use Only Authorized Official Date Date Paid: Check Number: TMe i Exhibit C — Performance Measures Safe City Commission/One Safe Place j f Northern District of Texas ProjectSafe Neighborhoods Grant # 2016-GP-BX-0015 Performance Measures Agency Submitting Report: Today's Date: Contact Name/Phone: Period Covered: Goal Performance Data Grantee Provides Confirmed Data For Measures Data From Current Previous Reporting Reporting Period Period 1.Reduce the 1.The percentage of The total number of gang-related' occurrence of violent change over the previous homicides that occurred during the gang crime,crimes year in the number of current reporting period. committed with a homicides,aggravated firearm, and domestic assaults, assaults and Total number of domestic violence violence related robberies in the targeted related homicides that occurred during incidents through both PSN Areas. the current reporting period reactive and proactive efforts supported by 2.The percentage of The total number of gang-related enforcement planning change over the precious aggravated assaults and assaults that coordinated with federal, year in the number gang occurred during the current reporting state,and local law related homicides, period. enforcement and aggravated assaults, informed by data and assaults and robberies in Total number of domestic violence real-time intelligence. the targeted PSN area. aggravated assaults and assaults that occurred during the current reporting 3.The percentage of period. change over the precious year in the number of The total number of gang-related homicides,aggravated robberies that occurred during the assaults,and assaults current reporting period. involving domestic violence in the targeted PSN area. The total number(gang-related and non-gang-related)homicides, 4.The percentage of aggravated assaults,assaults and change in the number of robberies that occurred during the homicides,aggravated reporting period. assaults,assaults,and robberies committed with a The total number of domestic firearm. violence related homicides, aggravated assaults, assaults that 5.The percentage of occurred during the reporting period. change in illegal firearms confiscated or seized for Total number of illegal firearms evidentiary purposes from confiscated or seized for evidentiary the target areas. purposes from the target areas during the reporting period. 11292016 1 i Exhibit D — Activities Report � I I I SAFE CITY COM MISSION/ONE`SAFE PLACE D GUN CRIME:REDUCTION PROGRAM VIOLENT GANG AN (PROJECT SAFE NEI�HBORHO(JDS) ACTfV.[TIES REPQRT Grant NQ .2016:GP BX.0015 Info rmation;provideci w�il'be used by SCC and USA O NDTX to:,monitor project:activities and ensure proper use of Fcdex al,funds Piiease subznif repo rt b :the l5tbofthe._month Agency name Reporting period(dates) Type of Report Date of report 1 NMonthly ❑Semi-Annual g ❑Final Data provided by Report completed by i @E 6 Report Narrative: 1. Activities Performed 2. Results Achieved 3. Activities Remaining 4. Corrective Action 5. Changes in Schedule Comments M&C Review Page 1 of 2 O kla'site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTII COUNCIL ACTION: Approved on 1/24/2017 - Ordinance No. 22571-01-2017 DATE: 1/24/2017 REFERENCE NO.: **C-28081 LOG NAME: 35PSNFY16 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Acceptance of the Fiscal Year 2016 Violent Gang and Gun Crime Reduction Program, Project Safe Neighborhoods, Grant Funds in an Amount Up to $148,964.50, Subject to Receipt of Funds, from Safe City Commission, Inc., Authorize Execution of a Contract with Safe City Commission, Inc., and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3, 5 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of Fiscal Year 2016 Violent Gang and Gun Crime Reduction Program, Project Safe Neighborhoods, grant funds in an amount up to $148,964.50, subject to receipt of funds, from Safe City Commission, Inc.; 2. Authorize the execution of a contract with Safe City Commission, Inc., for implementation of the grant funded project; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$148,964.50, upon receipt of the grant funds. DISCUSSION: The Fiscal Year 2016 Violent Gang and Gun Crime Reduction Program, Project Safe Neighborhoods (PSN), is a nationwide network designed to create safer neighborhoods through a sustained reduction in gang violence and gun crime. The program is based on a cooperative approach by a collaborative PSN Task Force of federal, state, and local law enforcement, community members, and other key partners. The strategy of this PSN program is to utilize data-driven, intelligence-led enforcement against violent gun and gang offenders. The goal of this program is to prevent gun crime and domestic violence in the targeted areas with the highest levels of violent crimes. This multi- agency effort will investigate gun trafficking and gun seizures and specifically address the problem of individuals who have been issued protective orders having access to firearms. Safe City Commission, Inc., is serving as the fiscal agent for the grant funds. The funds will be used to implement the PSN program in the Las Vegas Trail and Poly-Technic areas of Fort Worth. The Police Department is receiving an amount up to $148,964.50 in grant funds from a total program award of$500,000.00. Currently, the Police Department has been awarded grant funds in the amount of$145,380.00, which will cover a portion of the allowable expenses associated with this program. However, if the fiscal agent determines that there are additional funds available, the Police Department may receive additional grant funds to cover the remainder of the Police Department's allowable expenses for a total amount of PSN funds up to $148,964.50. The Police Department will utilize the funds for officer overtime, fringe benefits, and the purchase of Real Time Crime Cameras within the PSN areas. No matching funds are required under this grant. The funds will be received on a cost-reimbursement basis. Indirect costs were not included in this application, but will be included in future applications, as applicable. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22979&councildate=1/24/2017 6/1/2017 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. Grant funds will be available on a reimbursement basis. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity BudgetLReference# Amount ID ID YearChartfield 2) Submitted for City Manager's Office by: Valerie R. Washington (6199) Originating Department Head: Joel F. Fitzgerald (4231) Additional Information Contact: Sasha Kane (4243) ATTACHMENTS 35PSNFY16 Grant AO.docx CFW Form 1295 Signed.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22979&councildate=1/24/2017 6/1/2017