HomeMy WebLinkAboutContract 53428 f
E� CITY SECRETARY �1
R�G�`6�p2p CONTRACT NO.
Memorandum of Understanding
���° ,0, Between the City of Fort Worth,TX and City of Arlington,TX
FY 2019 Byrne Justice Assistance Grant
1. PARTIES. The parties to this Memorandum of Understanding ("MOU") are the City of Fort
Worth, Texas ("Recipient") and City of Arlington, Texas ("Subrecipient").
2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities
under the U.S. Department of Justice("DOT), Bureau of Justice Assistance,Fiscal Year 2019
Edward Byrne Memorial Justice Assistance Grant(Grant).
3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the
parties in order to facilitate effective implementation of the Grant, in compliance with the DOJ
Program requirements. A portion of grant funds awarded under the Grant has been allocated
to secure grant funding for the Tarrant County Mental Health Law Liaison Program,as outlined
in the Grant agreement titled "Memorandum of Understanding Between the Cities of Fort
Worth, Arlington, and County of Tarrant, Texas." In addition to those grant funds, once
awarded, grant funds in the amount of $111,641.00 shall provide funding to purchase
approximately 72 carbines and accessories, including scope, shoulder strap, and soft case for
patrol officers for use during critical incident responses by the Officers of the City of
Arlington Police Department (APD) as outlined in the Budget Narrative, attached as "Exhibit
A"and incorporated by reference as part of this MOU.
4. RESPONSIBILITIES:
A. Recipient:
1) The Recipient is the cognizant fiscal agency of the Grant Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
Grant.
2) After the Grant is awarded, the Recipient shall facilitate and manage the Grant
throughout its lifecycle, as required by the Grant award contract.
3) The Fort Worth Police Department — Financial Management Division — Grants and
Program Management Unit (Unit) will oversee the administration, procurement, and
A reporting of the Subrecipient's grant-funded activities. The Unit shall review,approve,
and/or request approval from DOJ for any written requests by Subrecipient to modify
ECEIVED the terms of Exhibit A.
" 2 3 2020 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $111,641.00
'OFFTYSE R ETAfly 11 from available ant funds for approved services and expenses rendered in accordance
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with the terms of this MOU upon receipt of a proper and verified invoice with
satisfactory program accompanying documentation of services provided. The
reimbursement made to the Subrecipient shall not exceed ac
OFFICIAL RECORD
MOU between the City of Fort Worth,TX CITE",SECRETARY
and the City of Arlington, TX—Fiscal Year 2019 Edward Byrne JAG P19469TH, TX
provide the services under this MOU. Actual costs, both direct and indirect, must be
reasonable and allowable as those terms are defined and explained in the Office of
Management and Budget, as codified under 2 CFR Chapter I, Chapter II, Part 200.
B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the Grant. The collaboration to last throughout
the life of the grant.
2) Meet all statutory, administrative, and other included requirements pertaining to
administration,procurement,and reporting required under the Grant. Requirements to
be met include those found in(1) the Office of Management and Budget circulars, (2)
the Office of Justice Programs Financial Guidelines, (3) the Grant Assurances, (4)
Exhibit A to this MOU, entitled "FY 2019 JAG Budget Narrative", which is
incorporated by reference as part of this MOU, and (5) "Exhibit B" to the MOU,
entitled"Award Document"which is incorporated by reference as part of this MOU.
3) Maintain full documentation supporting fulfillment of the requirements set forth above.
All such documentation shall be furnished to Recipient upon request if necessary for
Recipient to fulfill its obligations under the Grant. If this documentation is not
maintained and furnished to Recipient on request, Recipient may exercise all remedies
available under this MOU, including the right to withhold payment to Subrecipient or
terminate this MOU as described herein.
4) Submit"Monthly Performance Report" (PR) to the Grants and Program Management
Unit, Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115 or
email a PDF colored scanned copy of the signed PR to
CPD Grantsgfortworthtexas.gov no later than the 15th calendar day of the month
regardless of level of activity. In addition, the Subrecipient shall submit program
updates and other reports requested by the Recipient and DOJ in the appropriate format
and on a timely basis; and make available at reasonable times and for reasonable
periods records and other programmatic or financial records, books, reports, and
supporting documents for review by the Recipient, DOJ, or their authorized
representatives. Performance Reports are due to the Recipient no later than the 15th
calendar day of the following month. The Performance Report must contain the
following information:
a) A detailed list of all projects or activities for which the Grant funds were
expended or obligated during the previous month, including:
(1) The name of project or activity;
(2) A description of project or activity; and
(3) An evaluation of the completion status of the project or activity.
5) Submit"Monthly Request for Reimbursement" (RFR) forms and Vendor Report forms
with an original signature by an authorized representative to Grants and Program
Management Unit, Fort Worth Police Department, 505 West Felix Street, Fort Worth,
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Page 2 of 8
TX 76115 or email a PDF colored scanned copy of the signed RFR and supporting
documents to CPD Grants_,fortworthtexas.gov no later than the 15th calendar day of
the month following expenditures, regardless of level of spending. Reimbursements
by the Recipient will not be made until after receipt of an acceptable and approved RFR
and Performance Report from the Subrecipient. Reimbursements shall be made within
30 days receipt of said documents. The monthly RFRs and Vendor Report Forms must
contain the following information:
a. The amount of Grant funds that were expended to projects or activities during
the previous month; and
b. The amount of Grant funds that were obligated during the previous month.
6) Submit any and all proposed changes to the attached budget to the Recipient prior to
any expenditure deviation from approved budget. No expenditures inconsistent with
the attached budget shall be made by Subrecipient prior to receiving written approval
from Recipient. Failure to obtain pre-approval for deviations from budget may result
in a denial of reimbursement.
7) Maintain financial, programmatic, and supporting documents, statistical records, and
other records pertinent to claims submitted during the contract period for a minimum
of five (5) years after the termination of the contract period, or for five (5) years after
the end of the federal fiscal year in which services were provided. Such records shall
be available to Recipient for investigation, examination and audits as necessary. If any
litigation, claim,or audit involving these records begins before the fifth(5)year period
expires,the Recipient will notify the Subrecipient of such litigation,claim or audit, and
Subrecipient will be responsible for maintaining the records and documents for not less
than three (3) years after the final conclusion of all litigation, claims, or audits.
Litigation is considered resolved when a final order is issued, or a written agreement is
entered into between the DOJ, Recipient and Subrecipient. Audits are considered
concluded upon the closure of the audit covering the entire award period.
5. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the
goals and performance standards required in this MOU. Substandard performance as
determined by Recipient, including noncompliance with any applicable regulation, will
constitute noncompliance with this MOU. If action to correct such substandard performance is
not taken by Subrecipient within a reasonable period of time after being notified in writing by
Recipient, procedures to suspend or terminate the MOU will be initiated.
6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all
Recipient forms and copies of adequate supporting documentation verifying eligibility of
expenses.
Subrecipient will not commingle grant funds with any other funds in any manner that would
prevent Recipient from readily identifying expenditures for the Grant.
7. SUBRECIPIENT MONITORING AND MANAGEMENT.
MOU between the City of Fort Worth,TX
and the City of Arlington, TX—Fiscal Year 2019 Edward Byrne JAG Page 3 of 8
A. Pursuant to 2 C.F.R. Section 200.331 (Requirements for Pass Through Entities), the
following information is applicable to Subrecipient's Grant Award:
(1)Federal Award Identification—2019-DJ-BX-0250
(2) Subrecipient's Name—City of Arlington
(3) Subrecipient's unique entity identifier—068-378-231
(4)Federal Award Identification Number(FAIN)—2019-DJ-BX-250
(5)Federal Award Date—9/18/2019
(6) Subaward Period of Performance Start and End Date 10/01/2018 —09/30/2022
(7)Amount of Federal Funds obligated by this action- $480,961.00
(8)Total Amount of Federal Funds obligated to the Subrecipient- $111,641.00
(9)Federal award project description-FYI Justice Assistance Grant Collaboration with
Fort Worth, Tarrant County, Arlington, and Bedford.
(10) Name of Federal Awarding Agency, Pass-Through Entity — Department of Justice
passed through the City of Fort Worth
(11) CFDA Number and Name — 16.738 Edward Byrne Memorial Justice Assistance
Program
(12) Identification of whether the award is R&D - This award is not being utilized for
research or development.
(13) Indirect cost rate for the Federal award -The Subrecipient did not request
reimbursement for indirect costs.
8. CERTIFICATIONS.
A. Subrecipient hereby assures and certifies that:
1. It will comply (and will require any subgrantees or contractors to comply) with any
applicable statutorily-imposed nondiscrimination requirements, which may include the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of
Crime Act(42 U.S.C. § 1064(e));The Juvenile Justice and Delinquency Prevention Act of
2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the
Rehabilitation Act of 1973 (29 U.S.C. § 701);the Americans with Disabilities Act of 1990
(42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683,
1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order
13279 (equal protection of the laws for faith-based and community organizations).
2. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, 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 making of any Federal grant,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative agreement.
3. If any funds other than 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
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Page 4 of 8
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal grant or cooperative agreement,the Subrecipient
shall complete and submit Standard Form — LL, "Disclosure of Lobbying Activities," in
accordance with its instructions.
4. If any funds have been paid or will be paid to purchase law enforcement equipment,the
Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local Law
Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes,
but is not limited to administrative equipment such as office furniture and computers. It
also includes military and military-styled equipment, firearms, tactical vehicles, including
property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774.
9. POINTS OF CONTACT.
A. Recipient
The primary point of contact for the Recipient is the Grant Specialist, Grants and Program
Management Unit, email address: FWPD-Grants-Programs@fortworthtexas.gov. Monthly
RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix
Street, Fort Worth, TX 76115, Attention: Grant Specialist, Grant and Program Management
Unit.
Performance reports should be submitted by the Project Directors of the aforementioned FY
2019 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department,
505 West Felix Street,Fort Worth,TX 76115,Attention: Grant Specialist, Grant and Program
Management Unit.
B. Subrecipient
The primary point of contact for Subrecipient is Mary Supino, Chief Administrative Officer,
telephone number: (817) 459-5321, email address: mary.supino@arlingtontx.gov, mailing
address: 620 W. Division Street Arlington, TX 76011-7421.
C. Recipient and Subrecipient
Before any item included in an RFR would be denied as unallowable, Recipient agrees to
confer with Subrecipient to allow for clarification and explanation. Recipient agrees to
memorialize in writing any oral conversations concerning this subject matter.
10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any
documents incorporated specifically herein by reference, constitutes the entire understanding
between the parties as to the matters contained herein. Any prior or contemporaneous oral or
written agreement or other documents are hereby declared null and void to the extent they may
conflict with any provision of this MOU.
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Page 5 of 8
11. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign
immunity by entering into this MOU, and each fully retains all immunities and defenses
provided by law or otherwise with respect to any action based on or occurring as a result of
this MOU.
12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into a
legal partnership, as that term is used to describe a legal entity and to involve joint and several
liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as
an independent contractor and not as an officer, agent, servant or employee of the Recipient.
Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat
Superior for the acts and omissions of the officers, members, agents, servants, employees, or
officers of the other.
13. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws
or regulations or with the directives of the Recipient or Subrecipient. The provisions of this
MOU are severable and if for any reason a clause, sentence, paragraph or other part of this
MOU shall be determined to be invalid by a court or federal or state agency, board or
commission having jurisdiction over the subject matter thereof, such invalidity shall not affect
other provisions which can be given effect without the invalid provision.
Any monies expended by a party under or in connection with this MOU must come from funds
currently available to that party.
Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5)
years after the grant period, have access to and the right to examine any directly pertinent
books, documents, papers and have access during normal working hours to all necessary
facilities and shall be provided adequate and appropriate workspace in order to conduct audits
in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable
advance notice of intended audits.
14.TERM. This MOU will become effective on the date it is executed by both parties("Effective
Date") and will remain in effect until the later of(1) expiration of the grant period or (2)
submission of the final report regarding the Grant to the DOJ.
15. MODIFICATION AND AMENDMENT. No amendment,modification,or alteration of the
terms of this MOU shall be binding unless the same is in writing,dated subsequent to the date
hereof, and duly executed by the parties hereto.
16. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively
determined to have been delivered when(1) hand-delivered to the other party, or (2) received
by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
For the City of Fort Worth: For the City of Arlington:
Grant Specialist Deputy City Manager
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Page 6 of 8
Grant and Program Management Unit City of Arlington
City of Fort Worth Police Department 620 W. Division Street
505 West Felix Street Arlington, TX 76002-3231
Fort Worth, TX 76115
17. TERMINATION. It is expressly understood and agreed by and between the parties that this
MOU is wholly conditioned upon the actual receipt by Recipient of the Grant;that all monies
distributed to Subrecipient hereunder shall be exclusively form Federal funds received under
said grant and not from any other monies of Recipient; and that if such funds are not timely
forthcoming, in whole or in part, Recipient may, at its sole discretion, terminate with MOU
and Recipient shall not be liable for payment for any work or services performed by
Subrecipient under or in connection with this MOU.
Either party may terminate this MOU at any time, by providing the other party with sixty(60)
days' written notice of termination.
Recipient may terminate this MOU whenever such termination is determined to by in
Recipient's best interest, in event of Subrecipient default, inability or failure to perform or to
comply with any of the terms herein, or for other good cause.
Termination will be effected by written notice to Subrecipient, specifying the portions of the
MOU affected and the effective date of termination. Subrecipient shall be reimbursed for valid,
eligible expenditures made prior to termination. Recipient will have no responsibility or
liability for Subrecipient's expenditures or actions occurring after the effective date of
termination.
18. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she
has the legal authority to execute this MOU 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 MOU. This MOU may be executed in one or more
counterparts and each counterpart shall, for all purposes, be deemed an original, but all such
counterparts shall together constitute one and the same instrument. Any signature delivered by
a party by facsimile or other electronic transmission(including email transmission of a portable
document file (pdf) or similar image) shall be deemed to be an original signature hereto.
[The remainder of this page was intentionally left blank.]
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Page 7 of 8
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
CITY OF FORT WORTH: CITY OF INGTON
By; � � By:
Jesus Chapa Gilbert Perales
Assistant City Manager Deputy City Manager
Date: /"—1 G�ya & Date:
APPROV RECOMMENDED:
By: �--
Edwin Kraus
Chief of Police
APPROVED AS TO FORM AND APPROVED AS TO FORM
LEGALITY: --�
By: By:_(
Thomas Royce ansen Attorney for City of Arlington
Assistant City Attorney
Contract Authorization: ATTEST:
M&C: By: f ? _
Date Approved: e f tQ l 9 �k,e3 Alex Busken, City Sc-cr.Ptary
OF ATTEST:
• F9 '
By:
Mary J. Kay
City Secretary
.47
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.
Angel iller — "
Grant Specialist ' !crk+<<<v. . ,t t, .'4_-:
CITY SECRETARY
MOU between the City of Fort Worth,TX
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Award
City of Fort Worth
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
CITY SECRETARY
CONTRACT NO. 5 aS 8 5
U.S.Department of Justice
Office of Justice Programs
Bureau of Justice Assistance Grant PAGE 1 OF 30
4„
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2019-DJ-BX-0250
City of Fort Worth
505 West Felix Street 5.PROJECT PERIOD:FROM 10/01/2018 TO 09/30/2022
Forl Worth,TX 76115-3405
BUDGET PERIOD:FROM 10/01/2018 TO 09/30/2022
6.AWARD DATE 09/18=19 7.ACTION
2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial
756000528 00
2b.GRANTEE DUNS NO.
073170458 9.PREVIOUS AWARD AMOUNT so
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $480,961
Local Law Enforcement Block Grant(LLEBG)
11.TOTAL AWARD S 480,961
12.SPECIAL CONDITIONS
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
This project is supported under FY 19(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10151-10726).including
subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S.C.530C(a).
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
OPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18,TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Katharine T.Sullivan Jesus Chaps
Principal Deputy Assistant Attorney General Assistant City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. UDJUGT0545
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 480961
OJP FORM 400042(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
RECEIVED
MOU between the City of FortMAPOCT
-2 2019 RECEIVED
and the City of Arlington,TX— EdwBid Byrn®(TG 7 2aibit B
nrty nF FnMV0M11
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 30
Grant
PROJECT NUMBER 2019-DI-BX-0250 AWARD DATE 09/18no19
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award. By signing and accepting this award on behalf of the recipient,the authorized recipient
official accepts all material requirements of the award,and specifically adopts all such assurances or certifications as if
personally executed by the authorized recipient official.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or an assurance or certification related to conduct during the award period-
-may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The U.S.Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 and/or 1621,
and/or 34 U.S.C.10291-10273),and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise(including under 31 U.S.C.3929-3930 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2019 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2019 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds 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 FY 2019 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at httpsJ/ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at
any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF
425),unless a different retention period applies—and to which the recipient(and any subrecipient("subgrantee")at
any tier)must provide access,include performance measurement information,in addition to the financial records,
supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
-7j-el
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
3. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DO]Grants Financial Guide as posted on the OJP website
(currently,the"DOJ Grants Financial Guide"available at httpsJ/ojp.gov/fmanciaiguidc/DOJ/index.httn),including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The
reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and
cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34.This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
5. 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 successfully
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 1,2017,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 1,2017,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 https://www.ojp.gov/trainingtfints.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection
The recipient should anticipate that OJP 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.
6. 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(f),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(MTDC)as defined
by the Part 200 Uniform Requirements.
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 4 OF 30
Grant
PROJECTNUMBER 2019-D1-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
7. 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 ftmds 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 funds are provided tinder 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 the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https:/hvww.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 subrecipients
(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 https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This 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).
,C
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHEET PAGE 5 OF 30
a
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
9. Employment eligibility verification for hiring under the award
1.The recipient(and any subrecipient at any tier)must--
A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole
or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the
individual who is being hired,consistent with the provisions of 8 U.S.C.1324a(a)(1)and(2).
B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under
this award of both--
(1)this award requirement for verification of employment eligibility,and
(2)the associated provisions in 8 U.S.C.1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United
States,to hire(or recruit for employment)certain aliens.
C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.1324a(a)(1)and(2).
D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements,as well as records of all pertinent notifications and trainings.
2.Monitoring
The recipienfs monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.Staff involved in the hiring process
For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes
(without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded(in whole or in part)with award funds.
B.Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the
recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify.gov),provided an
appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper
E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Noncontirmation")to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or
in part)with award funds.
C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United
States,and the Commonwealth of the Northern Mariana Islands.
D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 ANVARD DATE 09/18/2019
SPECIAL CONDITIONS
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient
at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C.1324a(axl)
and(2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website(httpsd/www.e-verify.gov/)or email E-Verify at E-Verify®dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance.
10. Requirement to report actual or imminent breach of personally identifiable information(PII)
The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an
actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)—(1)creates,collects,uses,processes,stores,
maintains,disseminates,discloses,or disposes of"personally identifiable information(PH)"(2 CFR 200.79)within the
scope of an OJP grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an
imminent breach.
11. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgntntee')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
httpsJ/ojp.gov/fimding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$250,000
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,$250,000). 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 of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https.-//ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$250,000)),and are incorporated by reference here.
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
r Office of Justice Programs AWARD CONTINUATION
t
' Bureau of Justice Assistance SHEET PAGE 7 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AWARD DATE 09/182019
SPECIAL CONDITIONS
13. Unreasonable restrictions on competition under the award;association with federal government
SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in
part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of
the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of
this condition must be among those included in any subaward(at any tier).
I.No discrimination,in procurement transactions,against associates of the federal government
Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring
awards to be"manage[d]and administered]in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and
200.319(a)(generally requiring"ja]ll procurement transactions[to]be conducted in a manner providing full and open
competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on
firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process')—no
recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on
the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or
entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R.
200.319(a)or as specifically authorized by USDOJ.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition.
4.Rules of construction
A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at
present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant
recipient or-subrecipient(at any tier),agent,or otherwise—in undertaking any work,project,or activity for or on
behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for
such employment or engagement,and any person or entity committed by legal instrument to undertake any such work,
project,or activity(or to provide such goods or services)in future.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or
any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law.
OR FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
i
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 8 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AwARDDATE 09/182019
SPECML CONDITIONS
14. 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 of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at htips://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
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.
15. Determination of suitability to interact with participating minors
SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by
DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an
associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by
the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age.
The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at httpsJ/ojp.gov/fundingTxplore/Interact-Minors.htm
(Award condition: Determination of suitability required,in advance,for certain individuals who may interact with
participating minors),and are incorporated by reference here.
16. 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 of"Postaward Requirements"in the"DOJ Grants Financial Guide").
17. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work 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 of 2010,and other applicable laws.
18. OJP Training Guiding Principles
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 for Grantees and Subgrantees,
available at https://ojp.gov/funding/ImplemenVfrainingPrinciplesForGrantees-Subgrantees.htm.
OJP FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
owlOffice of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 9 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
19. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,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.
20. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OV W,as appropriate)during the period of perforrnancc for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
21. 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.
22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
23. 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(as may be applicable from time to time),specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently,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,currently,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 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at
https://),v-%Yw.eefr.gov/cgi-biri/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part
38,under e-CFR"current"data.
�G
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 10 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
24. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP 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 See 18 U.S.C.1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2019)
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,2019,are set out at
https.//ojp.gov/funding/Explore/FY19AppropriationsRestrictions.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-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval of OJP.
26. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient and any subrecipients("subgrantees")must promptly refer to the DOI Office of the Inspector General
(010)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
010 by--(1)online submission accessible via the 010 webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select"Submit Report Online");(2)mail directed to:Office of the Inspector General,U.S.Department of Justice,
Investigations Division,1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(3)by facsimile
directed to the DOI OIG Fraud Detection Office(Attn: Grantee Reporting)at(202)616-9881(fax).
Additional information is available from the DOI OIG website at htips:/Ioig.justice.gov/hotline.
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 11 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/182019
SPECIAL CONDITIONS
27. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds 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
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.
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
b. certifies that,if it learns or is notified that it 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 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
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(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
prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
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 funds 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.
�G
OJP FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PACE 12 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AWARD DATE 09/182019
SPECIAL CONDITIONS
28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
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 gran;a
gross waste of federal funds,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 4l U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance.
29. 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.
30. Requirement to disclose whether recipient is designated"high risk"by a federal gmnt-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
OJP FORM 40002(REV.4-99)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 13 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 091HI2019
SPECIAL CONDITIONS
31. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;
ongoing compliance
1.With respect to the"program or activity"funded in whole or part under this award(including any such program or
activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,-
agency,or-official may prohibit or in any way restrict—(1)any government entity or-official from sending or
receiving information regarding citizenship or immigration status as described in 8 U.S.C.1373(a);or(2)a government
entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration
status as described in either 8 U.S.C.1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an
"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or
in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity,"
and its officials to be"government officials.")
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means under 8 U.S.C.1373 and 8 U.S.C.1644;and terms that are defined in 8
U.S.C.1101 mean what they mean under that section I 101,except that"State"also includes American Samoa,
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C.1551 note("Abolition...and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as
references to particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any public institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
OR FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i
Bureau of Justice Assistance SHEET PAGE 14 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
32. No use of finds to interfere with federal law enforcement:8 U.S.C.1373 and 1644;ongoing compliance
1.Throughout the period of performance,no State or local government entity,-agency,or-official may use funds
under this award(including under any subaward,at any tier)to prohibit or in any way restrict--(1)any government
entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8
U.S.C.1373(a);or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or
exchanging information regarding immigration status as described in either 8 U.S.C.1373(b)or 1644.Any prohibition
(or restriction)that violates this condition is an"information-communication restriction"under this award.
2.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
3.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a
local government,or a public institution of higher education,incurs to implement this condition.
4.Rules of Construction.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference
(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;ongoing compliance"
condition are incorporated by reference as though set forth here in full.
OJP FORM 400012(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 15 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
33. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal
law enforcement:8 U.S.C.1373 and 1644;unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award fiords is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if—at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8
U.S.C. 1373 and 1644;ongoing compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(eg.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C.1373 and
1644;ongoing compliance"award condition.
4.Rules of Construction
A.For purposes of this condition"information-communication restriction"has the meaning set out in the
"Noninterference...8 U.S.C.1373 and 1644;ongoing compliance"condition.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C.1373 and
1644;ongoing compliance"condition are incorporated by reference as though set forth here in full.
OJP FORM 400012([LEV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
' Bureau of Justice Assistance SHEET PAGE 16 OF 30
i
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
34. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:8 U.S.C.
1373 and 1644;unallowable costs;notification
1.If the recipient is a"State,"a local government,or a"public"institution of higher education:
A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient
(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is
funded in whole or in part with award funds is subject to any"information-communication restriction."
B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs—the program or activity of the recipient(or of any subrecipient
at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in
whole or in part with award funds was subject to any information-communication restriction.
C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient
(regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the
award condition entitled"No use of funds to interfere with federal law enforcement:8 U.S.C.1373 and 1644;ongoing
compliance."
D.The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher
education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a
subrecipient that is a State,a local government,or a public institution of higher education must require prompt
notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an
information-communication restriction.
2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher
education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program
or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with
award funds is subject to any information-communication restriction.
3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the"No use of funds to interfere...8 U.S.C.
1373 and 1644;ongoing compliance"award condition.
4.Rules of Construction. The"Rules of Construction"set out in the"Authority to obligate award funds contingent on
noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C.1373 and 1644;
unallowable costs;notification"condition are incorporated by reference as though set forth here in full.
OJP rORM 40W/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i
Bureau of Justice Assistance SHEET PAGE 17 OF 30
Grant
PROJECT NUMBER 2019-D1-BX-0250 AWARD DATE 0 911 8/2 0 1 9
SPECIAL CONDITIONS
35. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of
certain law enforcement sensitive information
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward(at any tier).
1.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C.1324 and 18 U.S.C.chs.1,49,227),no public disclosure may be made of any federal law enforcement
information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18
U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch.12--
without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C.
1071 or 1072 or of 8 U.S.C.1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3));
(2)the term"federal law enforcement information"means law enforcement sensitive information communicated or
made available,by the federal government,to a State or local government entity,-agency,or-official,through any
means,including,without limitation--(1)through any database,(2)in connection with any law enforcement
partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4)
through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal
law enforcement activity;
(3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement
purpose;and
(4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to
any subrecipient(at any tier)that is a government entity.
B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
OJP FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
' Bureau of Justice Assistance SHEET PAGE 18 OF 30
4n�
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/1019
SPECIAL CONDITIONS
36. No use of funds to interfere with federal law enforcement:No public disclosure of certain law enforcement sensitive
information
SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the
period ofperformance.Its provisions must be among those included in any subaward(at any tier).
1.No use of funds to interfere:No public disclosure of federal law enforcement information in order to conceal,harbor,
or shield
Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8
U.S.C.1324 and 18 U.S.C.chs.1,49,227),no funds under this award may be used to make any public disclosure of
any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any
fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in
violation of 8 U.S.C.ch.12—without regard to whether such disclosure would constitute(or could form a predicate
for)a violation of 18 U.S.C.1071 or 1072 or of 8 U.S.C.1324(a).
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:No public disclosure of certain law enforcement sensitive information"award condition are incorporated
by reference as though set forth here in full.
OJP FORM 40M(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
� f Bureau of Justice Assistance SHEET PAGE 19 OF 30
Grant
PROJECTNUMBER 2019-DJ-BX-0250 AWARD DATE 09/182019
SPECIAL CONDITIONS
37. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this
award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for
the award.Its provisions must be among those included in any subaward(at any tier).
1.Noninterference with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C.1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--within the funded program or activity,no State or local government
entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of
the United States acting under color of federal law)by impeding access to any State or local government(or
government-contracted)correctional facility by such agents for the purpose of"interrogat f ing]any alien or person
believed to be an alien as to his for her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.For purposes of this condition:
(1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8
U.S.C.1101(a)(3)).
(2)The term"correctional facility"means what it means under the title 1 of the Omnibus Crime Control and Safe
Streets Act of 1968(see 34 U.S.C.10251(a)(7)).
(3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule,
or practice,that—
(a)is designed to prevent or to significantly delay or complicate,or
(b)has the effect of preventing or of significantly delaying or complicating.
B.Both the"Rules of Consruction"and the"Important Note"set out in the"Noninterference(within the funded
'program or activity)with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award
condition are incorporated by reference as though set forth here in full.
Ic
OR FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t�. Bureau of Justice Assistance SHEET PAGE 20 OF 30
a �
Grant
PROJECT NUMBER 2019-DJ-13X•0250 AWARD DATE 09/t82019
SPECIAL CONDITIONS
38. No use of funds to interfere with federal law enforcement:Interrogation of cerlain aliens
SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the
period of performance for the award.Its provisions must be among those included in any subaward(at any tier).
1.No use of funds to interfere with statutory law enforcement access to correctional facilities
Consonant with federal law enforcement statutes and regulations--including 8 U.S.C.1357(a),under which certain
federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised
"anywhere in or outside the United States"--no State or local government entity,-agency,or-official may use funds
under this award to interfere with the exercise of that power to interrogate"without warrant"(by agents of the United
States acting under color of federal law)by impeding access to any State or local government(or government-
contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person believed to be an
alien as to his[or her]right to be or to remain in the United States."
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in
full.
OR FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 21 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
39. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the
award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its
provisions must be among those included in any subaward at any tier.
1.Noninterference with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C.1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C.1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or
local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere
with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to
DHS of the scheduled release date and time for a particular alien,if a State or local government(or government-
contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such
advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction
A.The"Rules of Construction"set out in the'Noninterference(within the funded"program or activity")with federal
law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here
in full.
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual otherwise would have been released.
C.Applicability
(1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least
48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the
scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it
shall NOT be a violation of this condition to provide only as much advance notice as practicable.
(2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be
detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for
detention.
�C.
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 22 OF 30
.n..M
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
40. No use of funds to interfere with federal law enforcement:Notice of scheduled release
SCOPE.This condition applies as of the date the recipient accepts the award,and throughout the remainder of the
period of performance.its provisions must be among those included in any subaward at any tier.
1.No use of funds to interfere with"removal"process:Notice of scheduled release date and time
Consonant with federal law enforcement statutes—including 8 U.S.C.1231 (for an alien incarcerated by a State or
local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall"
remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement';also,the
federal government is expressly authorized to make payments to a"State or a political subdivision of the State.. with
respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take
into custody"certain criminal aliens"when the alien is released");and 8 U.S.C.1366(requiring an annual DOJ report
to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the
prompt removal"from the U.S.of removable"criminal aliens")—no State or local government entity,-agency,or-
official(including a govemment-contracted correctional facility)may use funds under this award to interfere with the
"removal"process by failing to provide--as early as practicable(see pare.4.C.below)—advance notice to DHS of
the scheduled release date and time for a particular alien,if a State or local government(or government-contracted)
correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3.Allowable costs
To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the
reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this
condition.
4.Rules of construction.
The"Rules of Construction"set out in the"Noninterference(within the funded"program or activity")with federal law
enforcement:Notice of scheduled release"award condition are incorporated by reference as though set forth here in
full.
41. Requirement to collect certain information from subrecipients
Except as provided in this condition,the recipient may not make a subaward to a State,a local government,or a
"public"institution of higher education,unless it first obtains from the proposed subrecipient responses to the questions
identified in the program solicitation as"Information regarding Communication with the Department of Homeland
Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and
maintained by the recipient,consistent with document retention requirements,and must be made available to DOJ upon
request.Responses to these questions are not required from subrecipients that are either a tribal
governmentlorganization,a nonprofit organization,or a private institution of higher education.
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
t Bureau of Justice Assistance SHEET PAGE 23 OF 30
n M.
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
42. Cooperating with ON Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its 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 monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
43. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")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(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award 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).
44. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award
conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
45. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
46. Justice Information Sharing
Information sharing projects funded tinder this award must comply with DOD's Global Justice Information Sharing
Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards
Package(GSP)and all constituent elements,where applicable,as described at:lmttps://it.cjp.gov/gsp—grantcondition.
The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe
compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
�C.
DIP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
r Office of Justice Programs AWARD CONTINUATION
' Bureau of Justice Assistance SHEET PAGE 24 OF 3D
i
Grant
PROJECT NUMBER 2019-DJ-BX-0250 A\YARD DATE 09/18/2019
SPECIAL CONDITIONS
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing orproposed IT system.
48. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable,Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 34 U.S.C. 1023 1(c)-(d). The recipient may not satisfy such a fine with federal funds.
49. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
50. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C.10231
and 28 C.FR Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
51. Verification and updating of recipient contact information
The recipient must verify its 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.
OJP FORM 40M(REV.4-89)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
_ U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 25 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 0911 sno 19
SPECIAL CONDITIONS
52. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(ntemet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil libertieshights,task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfti.org).
53. Justification of consultant rate
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 OR program office prior to obligation or expenditure of such
funds.
54. Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks—including 18 U.S.C.922 and 34
U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific
project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions,
information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant
Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or
State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court
dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS
are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and
accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NICS-
relevant"eligible records".
In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any
such evidence in any express written determination regarding this condition.
OJP FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 26 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
55. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is.as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.htmi,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
56. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal
awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(bx8)).The trust fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
Ic
OJP FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
k Bureau of Justice Assistance SHEET PAGE 27 OF so
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/18/2019
SPECIAL CONDITIONS
57. Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program.
58. Certification of body armor"mandatory wear"policies
if recipient uses funds under this award to purchase body armor,the recipient must submit a signed certification that
law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory
wear"policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize
funds from this award for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for
at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are no
requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers
while on duty.
59. Body armor-compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-annor.aspx).In addition,
ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely
fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information can be found here:https://nij.gov/
topics/technology/body-armor/pages/safety-initiative.aspx.
60. Body armor-impact on eligibility for other program funds
The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for
funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the
BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperfonnancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and fiiture High Risk designation.
62. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
>t�
O1P FORM 4000/2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
i Bureau of Justice Assistance SHEET PAGE 28 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09118/2019
SPECIAL CONDITIONS
63. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as
set forth at 34 U.S.C.10152,the BJA Director certifies that extraordinary and exigent circumstances exist,making such
expenditures essential to the maintenance of public safety and good order.
64. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2018
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October I,2018),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OR(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
65. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
66. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https.//www.bja.gov/Login aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once
registered,one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an
option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success
Storywebpageatbttps://www.bja.gov/SuccessStoryList.aspx.
OJP FORM 40OW2(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
a
Bureau of Justice Assistance SHEET PAGE 29 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/182019
SPECIAL CONDITIONS
67. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
68. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding(MOLT),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
69. Withholding of funds: Budget narrative or information
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has
been issued to remove this condition.
70. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
71. Withholding of funds:DHS questions
The recipient may not obligate,expend or drawdown funds until the Office of Justice Programs has received and
approved the required application attachment(s)described in the program solicitation as"Information regarding
Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement
(ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition.
72. Withholding of funds:Disclosure of pending applications
The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to the grant manager
for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affirmative
statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed
instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any
supplemental information it may request,(3)the recipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment),
(4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and
(5)a Grant Adjustment Notice has been issued to remove this condition.
73. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
�C
OJP FORM 40002(REV.4-88)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 30 OF 30
Grant
PROJECT NUMBER 2019-DJ-BX-0250 AWARD DATE 09/1=019
SPECIAL CONDITIONS
74. Withholding of funds: Disclosure of lobbying
The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant
manager for this OR award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OR has issued a Grant
Adjustment Notice to remove this special condition.
OJP FORM 4000/2(REV.4-N)
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byme JAG -Exhibit B
U.S.Department of Justice
F Office of Justice Programs
Bureau of Justice Assistance
Washington,D.C. 10S31
Memorandum To: Official Grant File
From: Orbin Tent',NEPA Coordinator
Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Fort
Worth
The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of
the specified activities,the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a.New construction;
b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a
property'listed on or eligible for listing on the National Register of Historic Places;
c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as
an incidental component of a funded activity and(b)traditionally used,for example,in office,household,
recreational,or education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements,please see https://www.bja.gov/Funding/nepa.html.
Please be sure to carefully review the grant conditions on your award document,as it may contain more specific
information about environmental compliance.
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byme JAG -Exhibit B
U.S.Department Justice GRANT MANAGER'S MEMORANDUM,PT.I:
Office o[Justice Programs PROJECT SUMMARY
•��F Bureau of Justice Assistance
Grant
PROJECT NUMBER
2019-DJ-BX-0250 PAGE I OF 1
This project is supported under FY 19(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10151-10726),including
subpart 1 of part E(codified at 34 U.S.C.10151-10159),see also 28 U.S.C.530C(a).
I.STAFF CONTACT(Name&telephone number) 2 PROJECT DIRECTOR(Name,address&telephone number)
Olga Santiago Kristine Ashton
(202)598-1094 Finance Manager
505 West Felix Street
Fort Worth,TX 76115-3405
(817)392-4224
3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS
BJA FY 19 Edward Byme Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE)
4.TITLE OF PROJECT
Local Law Enforcement Block Grant(LLEBG)
5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE
City of Fort Worth
505 West Felix Street
Fort Worth,TX 76115-3405
7.PROGRAM PERIOD 8.BUDGET PERIOD
FROM: 10/0Y2018 TO: 09/30/2022 FROM: 10/01/2018 TO: 09/30/2022
9.AMOUNT OF AWARD 10.DATE OF AWARD
$480,961 09/18/2019
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)
The Edward Byme Memorial Justice Assistance Grant(JAG)Program allows states and units of local government,including tribes,to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical
assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the
following program areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community
corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;and 7)trine victim and
witness programs(other than compensation)and 8)mental health programs and related law enforcement and corrections programs.
This JAG award will be used to support criminal justice initiatives that fall under one or more of the allmvabk program areas above.Funded programs or initiatives
OJP FORM 4000/2(REV.4-89)
MOU between the City of Fort Worth,TX
and the City of Arlington:TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
may include multijurisdictional drug and gang task forces,crime prevention and domestic violence programs,courts,corrections,treatment,justice information
sharing initiatives,or other programs aimed at reducing crime and/or enhancing public/officer safety.
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MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG Exhibit B
U.S.Department of Justice
Office of Justice� Programs
O'er
Ofl&mx of the Assistant Ana mey General Washingmn,D.G 20531
September 18,2019
Mr.Jesus Chaps
City of Fort Worth
505 West Felix Street
Fort Worth,TX 76115-3405
Dear Mr.Chaps:
On behalf of Attorney General William P.Ban-,it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 19 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-
Local Solicitation in the amount of$480,961 for City of Fort Worth.
Enclosed you will find the Grant Award and Special Conditions documents. This 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 minimum 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 far cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
- Program Questions,Olga Santiago,Program Manager at(202)598-1094;and
- Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at ask.ocfo a�usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
Katharine T.Sullivan
Principal Deputy Assistant Attorney General
Enclosures
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit 6
U.S.Department of Justice
Office of Justice Programs
Office of Civil Rights
Washington,DC 2053/
September 18,2019
Mr.Jesus Chapa
City of Fort Worth
505 West Felix Street
Fort Worth,TX 76115-3405
Dear Mr.Chapa:
Congratulations on your recent award! The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of
Justice(DOJ)has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,the Office
of Community Oriented Policing Services(COPS),and the Office on Violence Against Women(OV W)are not engaged in
discrimination prohibited by law. Several federal civil rights laws,such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972,require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws,many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements,in connection with OJP and other DOJ awards,see
bt"J/ojp.gov/fitnding/Explore/LegalOverview/CivilRightsRequirements.htm
Under the delegation of authority,the OCR investigates allegations of discrimination against recipients from individuals,entities,or
groups. In addition,the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department ate providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system,there are two additional obligations that may apply in connection
with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs(EEOPs);and(2)
submitting findings of discrimination to OCR For additional information regarding the EEOP requirement,see 28 CFR Part 42,
subpart E,and for additional information regarding requirements when there is an adverse finding,see 28 C.F.R.§§42.204(c),
.205(cx5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organizations civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance,please do not hesitate to let us know.
Sincerely,
Michael L.Alston
Director
cc: Grant Manager
Financial Analyst
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
ACCEPTED AND AGREED:
CITY OF FORT WORTH-
BY:
Jesus J. Chapa
Assistant City Manager
Date:_ 142'z- -/7
APPR LL RECOMMENDED:
By:
Edwin a s
Chief of Police
Date:
APPROVED AS TO FORM
AND LEG TY:
By:
cifle
Thomas R. Hansen
Assistant City Attorney
Contract Authorization:
Date Approved: (, / '-I _ -�' •+� ,
ATTEST: �- �' •' •
> ;-�4
By.
Mary 1. kayskip f/
City Secretary , '
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.
Angel Miller
Grants Specialist
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—Fiscal Year 2019 Edward Byrne JAG -Exhibit B
8/9/2019 M&C Review
CITY COUNCIL AGENDA FORTWO�RTII
COUNCIL ACTION: Approved on 6/18/2019
DATE: 6/18/2019 REFERENCE NO.: **C-29151 LOG NAME: 35JAG FY19
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Application and Acceptance of, if Awarded, the Edward Byrne Memorial Justice
Assistance Grant Fiscal Year 2019 Program from the United States Department of
Justice, Office of Justice Programs and Bureau of Justice Assistance in an amount not to
exceed $600,000.00, Authorize Execution of a Grant Agreement with the United States
Department of Justice and Related Memoranda of Understanding with Sub-Grantees
Identified by the Department of Justice (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and the acceptance of, if awarded, the Edward Byrne Memorial
Justice Assistance Grant Program for Fiscal Year 2019 from the United States Department of
Justice, Office of Justice Programs and Bureau of Justice Assistance in an amount not to
exceed $600,000; and
2. Authorize the execution of a Grant Agreement with the United States Department of Justice,
Office of Justice Programs and Bureau of Justice Assistance; and
3. Authorize the execution of related memoranda of understanding with Sub-Grantees Identified
by the Department of Justice.
DISCUSSION:
The Fort Worth Police Department (FWPD) will apply for program funding in an amount not to exceed
$600,000 in eligible grant expenses including but not limited to training, supplies, equipment or
contractual labor.
The goal of the United States Department of Justice Edward Byrne Memorial Justice Assistance
Grant (JAG) Fiscal Year 2019 Program (Program) which has been established by the United States
Department of Justice to allow local governments to support a broad range of activities aimed at
preventing crime and improving the criminal justice system. The City of Fort Worth applied for the
grant in conjunction with Department of Justice identified sub-awardees determined on a formula
basis through crime data.
Matching funds are not required under the Program. The funding type is reimbursable.
The grant will include indirect costs if applicable. No indirect cost revenues are expected to result
from this grant.
A separate M&C will be brought forward in the then current fiscal year for the adoption of an
appropriation ordinance if funds are awarded.
This Program will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required for this contract because: This contract will be with a governmental
entity, state agency or public institution of higher education: US Department of Justice
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
grant and adoption of a separately approved appropriation ordinance, funds will be available in the
apps.cfwnet.org/council_packet/mc_review.asp?ID=27080&councildate=6/18/2019 1/2
8/9/2019 M&C Review
current operating budget, as appropriated, of the Grants Operating Federal Fund. The Police
Department is responsible for the collection and deposit of funds due to the City. If awarded, the City
will be paid 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 Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Joel Fitzgerald (4231)
Additional Information Contact: Angela Miller (4441)
ATTACHMENTS
apps.cfwnet.org/council_packet/mc review.asp?ID=27080&councildate=6/18/2019 2/2