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HomeMy WebLinkAboutContract 40117LVlemorandum of Understanding Between The City of Fort Worth, TX and The City of Azle, TX I. PARTIES. The parties to this Memorandum of Understanding (MOU) are the CitS of Fort Worth, Texas (hereinafter referred to as "Recipient') and the City of Azle, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice, Bureau of Justice Assistance, Fiscal Year 2009 Recovery Act Justice Assistance Grant (JAG). 3. PURPOSE. The purpose of this MOU is to enhance the Working relationship between the parties in order to facilitate effective implementation of the FY 2009 Recovery Act JAG, in compliance With the DOJ Program and American Recovery and Reinvestment Act of 2009 requirements. Once awarded, grant funds in the amount of $14,212 shall provide for a dual trained canine and related expenses for the Azle Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated herein by reference the same as if fully copied and set forth at length. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2009 Recovery Act JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2009 Recovery Act JAG is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3) The Fort Worth Police Department —Administrative Services Bureau —Grants and Contracts Management Division (ASS-GCMD), will oversee the administration, procurement, and reporting for the Subrecipeint's grant -funded activities and will act as the Fiscal Agent for the FY 2009 Recovery Act JAG Program funds. Additionally, ASB-GCMD will review and approve and/or request approval from DOJ of any written requests by subrecipient for modifications of attached budget (attached as Exhibit A). 4. The Recipient shall pay the Subrecipient an amount not to exceed $14,212 from available grant funds for approved services and expenses rendered in accordance With Interlocal Agreement Between The City of Fort Worth, TX Page 1 of 6 ': ,ORD and The City of Azle, TX ARY the terms of this 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 actual costs incurred to provide the services under this contract. 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 (OMB) Circulars A422 and 1410. B. Subi ecipient: L Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2009 Recovery Act JAG, collaboration to last throughout the life of the grant. 2. Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2009 Recovery Act JAG. 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) Exhibit B to this MOU, entitled "Award Document", which is incorporated by reference as part of this MOU and (4) Exhibit C to the MOU, entitled "Recovery and Reinvestment Act of 2009 which is incorporated by reference as part of this MOU. 3. Submit to the Recipient monthly performance reports regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in 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 reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 5al calendar day of the following month. The monthly performance reports must contain the following information: 1) A detailed list of all projects or activities for which FY 09 Recovery Act JAG were expended or obligated during the previous month, including — a) The name of project or activity; b) A description of project or activity; c) An evaluation of the completion status of the project or activity; and d) An estimate of the number of jobs created and the number of jobs retained by the project or activity. 2) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 4. Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to Sasha Kane, ASB- GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX Interlocal Agreement Between The City of Fort Worth, TX Page 2 of 6 and The City of Azle, TX 76102 no later than the 5°i calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic 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: 1) The amount of FY 09 Recovery Act JAG fluids that were expended to projects or activities during the previous month; 2) The amount of FY 09 Recovery Act JAG funds that were obligated during the previous month; 3) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 5. Submit any and all proposed changes to attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with 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. 6. 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. 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. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- 4243, email address: sasha.kanelcr?fort�vortl���ov.or�,. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sash a.kane(cr�fort%vorthgov.org. Performance reports should be submitted by the Project Directors of the aforementioned FY 2009 Recovery Act Justice Assistance Grant programs in writing to Fort Worth Police )epartment, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to scislia.kanef'y�fortworthgov.oro. Interlocal Agreement Behveen The City of Fort Worth, TX Page 3 of 6 and The City of Azle, TX B. Subrecipient The primary point of contact for Subrecipient is Stephen Myers, telephone mmnber: (817) 444-3221, email address: smyers@ci.azIe.tx.us, mailing address: 613 SE Parkway, Azle Texas 76020, C. Recipient and Subrecipient Before anv 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. 6. ENTIRETY OF AGREEMENT. This MOU, consisting of six pages and exhibits, represents the entire and integrated agreement between the parties and supersedes all prior discussions and negotiations, representations and agreements, whether written or oral as related specifically to the U.S. Department of Justice, FY 2009 Recovery Act JAG, 7. 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. 8. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for the dual trained canine and related expenses as outlined. However, the parties to this MOU do not intend to enter 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. 9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict wvith any current laws or regulations or with the directives of the City of Fort Worth or the City of Azle. 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. 10. EFFECTIVE DATE. This MOU will become effective on the date it is executed by both parties and remain in effect. throughout the grant period. Each party represents that this Intertocal Agreement Between The City of Fort Worth, TX and The City of Azle, TX Page 4 of 6 MOU has been executed by a representative with the authority to contract on behalf of that party. This MOU is null and void if funds are not awarded. 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the Ciri of Fort Worth: Sasha Kane Senior Contract Compliance Specialist City of Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 For the City of Azle: Lawence Bryant Finance Director 613 SE Parkway Azle, TX 76020 12. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the grant period or (2) the submission of the final report regarding the FY 2009 Recovery Act Justice Assistance Grant to the Department of Justice, unless one of the parties earlier requests termination or modification of the MOU, accompanied by 60 days' notice of such request. [The remainder of this page was intentionally left blank.] Interlocal Agreement Behveen The City of Fort Worth, TX Page 5 of 6 and The City of Azle, TX CITY OF iv LE Laurence BIva l Finance Director Date: APPROVED AS TO FORM AND LEGALITY: City of_Az1e Cara White Printed Name: �� Date: CITY OF FORT WORTH Interlocal Agreement Between The City of Fort Worth, TX and The City of Azle, TX Tom Higgins Assist t City Manager Signature: �( Date: io TTEST: I�Le City Secretary a�-aab1 Date: APPROVED AS TO FORM ANF� LEGALITY: Monica Wofford Wood Assistant Citv Attomev Signature: Date:rjacu 0) D thority M X: C-23518 Contract Number: IFdaRT 4 �crg' a 00000000 *PA IQ 00 "..o nx o0 * c Azle- $14,2ILL Budget Detall Worksheet D. Equipment Item Computation Cost Canine 8,500.00 Retrofit/Cage 15820.00 Hot and Pop Alarm System 1,394.00 Ballistic Vest 795.00 Equipment Sub -Total 12,509 E. SUpplies Item Computation Cost Food 360.00 Housing Costs 495.00 Kennel Crate Dog Run/Slab Dog House Maintenance 508.00 Feeding/Watering Bowls Heavy Duty Leads Leashes, Collars etc. Grooming Needs Supplies Sub -Total $1,363.00 G. Consultants and Contractor Services Budget Position Description % on Project Total Medical Needs Preventative health care and maintenance 1 100 340.00 Consultants & Contractors Sub -Total $340.00 Summary Budget Category Amount A. Personnel $0 B. Fringe $0 C. Travel $0 D. Equipment $12,509.00 E. Supplies $15363600 F. Construction $0 G. Consultants and Contractor Services $340000 H. Other Costs $0 I. Indirect costs $0 TOTAL PROJECT COSTS $149212.00 Federal Request: $14,212.00 Non -Federal Amount: $-0 City of Fort Worth Azle- $149212 Budget at A. Personnel: No funds are requested in this category. B. Fringe Benefits: No funds are requested in this category. C. Travel: No funds are requested in this category. D. Equipment: Purchase dual trained canine for drug detection and patrol duties. Also required is a self contained insert for a patrol vehicle to provide a safe and secure environment. This also requires a kennel to be constructed at the handler's residence. Motor vehicle is to be provided by the grantee. E. Supplies: Purchase associated items such as collars, leashes, feeding supplies, training materials and other associated items for equipping a standard canine unit. G. Consultants and Contractor Services: Preventative health care and maintenance by a licensed veterinarian for a period of one year. Cost to be absorbed in local funding for subsequent years. Emergency care to be provided with local funding. H. Other Costs- No funds are requested in this category. I. Indirect Costs: No funds are requested in this category. City of Fort Worth Department of Justice i iOffice of Justice Programs Bureau of Justice Assistance Grant i i RECfPIENT VAME AND,iDG.R zSi:,Im:mAmg Lrp r'„de) i)( Fut( erdl r A7'vect BeAnap Sttrm s; 'Width, TX ib I C1 IA ikANTEk IRS": f_NCOk NO. T ;nrxx;5? s 1. PROJECT TITLE FY 2009 Recovery Act )AO hegnn ANAHD?IUM1iBtK' :7!19-sm-H9•Lti9 -PROIL(.T PER p?D f-P.OAi BUUtiETPtP;VD:.ROM %7.vI::uU9 iO :rl^_4:;Otl - - _ I Z ACTIOv X .SI:PPi.GMF.NT NUMRFR 00 Y. I'KEVIOUS AWA({D AMOUNT �M1IOL'NTOF T11I5 AWARD I. TOTAL A'A',V2D t 7. S PECIAL CONDITIONS - � - —"J" " �"------- THE ABOVE ORANT PROJECT IS APPROVED SUBJECT TO SUCII CONDITIONS OR LIMITA TfONS AS Af2E SET FORTH ON THE ATTACHED PAGE(S), I 1 S TA T.ITOf;Y .-\UTHORTTY FOR GRAMT —' Tltii ,nu;ect it 'PPorted undcr FY09 Recovery Act (BJA-Byrne )AUJ Pub. L. flu. 111.5. 9: Usc J730 3758 IS. METE{OD OF PAYhfEN 1 PAPKS htitut SU S •IJ40,163 S a,IJB,l65 AGENCY APPROVAL—��'_■� _--' (" - — - i 16. TYPED NAME AND TITLE OF APPROViN --- — fII .- _ GR,1TiT E ACCEPTANCE G OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GR.1N7 E OFFICIAL lamef H. Burch II I Tom Higgins Rainy Director + At;taunl City Manager I 17. SIGNATURE OF APPROVING OFFICIAL ---- --- 19.'.;IGNATURE0FAUTHCIRIZFn7RFCIPIENT OFFICIAL 19A. DATE? MWA� 1 c nt+LY "`R .— I `O. ACCOUNTTNC, CLASSIFICATION CODES -- I .t !iBLU .132 -_ ----M FISCAL FUND BUD. Dry YEAR CODE ACT, OFC. U0, SUB. t'�•.125 s-.{ta ��tr O1P FpP_M1f J01Jrj{,+ tR£t•' 1..9g) ?ROIECr NUAfaER Department of Justice Office of Justice Programs E3urcou of Justice Assistance 'OOV•Sn•A9-1419 AWARD CONTINUATION SHEET AWARD [)ATE SPECIAL CUND/TIQNS Grant um t rzoo9 rnce z oe to I, The recipient sgrees to comply with the financial and administrative requirements set forth m the current edition of the Officcoflttstice Programs (OJP) Financial Guide, Z. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plen (iCrecipient is required to submit one pursuant to 28 C.F,R. Section 42,302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular Am133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use sny federel funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of 01P. S. The recipient must promptly refer to the D01 OIG any credible evidence that a principal, employee, agent, contractor, subgrantce, subcontractor, or other person has either I) submitted a false claim for grant funds under 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 involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OTC by mail: Office of the Inspector General U,S. Depanment of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4906 Washington, DC 20530 e-mail: oig.hotlineQusdoj.gov hotline: (contact information in English and Spanish): (800) 869.4499 or hotline fax: (202) 616-9881 Additional information is available from the D01 OIG website at wmvw.usdoj.govioig. 6. RECOVERY .ACT — Conflict with Other Standard Terns and Conditions The recipient understands and agrees that ail other terms and conditions contained in this award, or in applicable 01p grant policy :statements or guidance, apply unless th_ry conflict or are superseded by the terms and conditions inclined here :hat specifically impicment the American Recovery and Reinvestment Act of 2CW. Public Law 1 (, R•rZ� or "Recovery Act") requirements. Recipients are r-_sponsible For contacting their gent managers Far sny ^ecd d c:anficanons. `In =r�RN :itX3.n ,REV f.3A) PROIEt'i' NUMDER Department of 1JStice Office urJusticic Programs Bureau of Justice Assistance 2009-SD • 89• I a r9 AWARD CONTINUATION SHEET PAGE 3 OF to Grant AWARD DATE 07R1l2W9 SPECIAL CONDITIONS The grantee agrees to 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 grant funds, either directly by the grants or by a subgrantee. Accordingly, the grantee agrees to first delerrrune 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 grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special 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 I00•year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on titc 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 program relating 10clandestine methampheamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. hgrantee understands req e A ssment attd/or an Envand onmcntal Impact Stacomplying tement� a ditractcd by BiA. tThe grantee funher understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at (websi(e], for programs relating to methamphetamine laboratory operations, Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the granteey or its subgranteea existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment of that funded program or activity. To avoid duplicating existing networks or IT systems in any initiatives funded by BIA Co (aw enforeemem information sharing systems which involve interstate connectivity between jurisdiction, such systems shall possible, existing networks as the communication backboneemploy, to the extent to achieve intestate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with at[ reporting, data collection and evaluation requirements, as proscribed by taw and detailed by the BJA in program guidance for the Justice Assisance Grant (1AG) Arogram. Cornpiiance with these requirements wilt be monitored by BIA. i0. The recipient agrees that any information technology system funded oraupported by 01P funds will comply wiLit )3 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifO1P determines this regulation to be applicable. Should OJP determirx '3 C.F. R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the rcgulation. Should any violation oC 18 C. .R. Part 23 occur, the recipient may be ;lord 4 per 42 U_S.0 3 789gte) (d). Recipient may not cattst} such a tine ;with tederal funds. OJPrr,Rn! 1f,,AXZRe:� i.%at D;partment of Justice Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET °AGE 4 Op 10 r Grant PROIF.CTNCMBFR 2009.SB•89-1479 AWARD DATE 07/21,2009 SPECIAL CONDITIONS If. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regidation"), The Equal Treatment Regulation provides in part that Department of lusti fund any inherently religious activities, sue ce grant awards of direct funding may not be used to h us worship, religious instruction, or proselyttzation. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate In time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub•grantee must be voluntary, The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiarys religion. Notwithstanding any other special condition of this award, faith. based organizations may, in some circumstances, consider religion as a basis for employment See hItp://www.ojp. gov/abou t/ocr/equal_ fbo. him. 12. The recipient agrees to ensure that the State Infotmation Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure Period, This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these gram funds, In addition, the recipient agrees to maintain an administrative rite documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www. it.ojp.gov/default.aspx^arearTolieyAndPractice&page=l t146. 13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be tised to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. ] 4. RECOVERY ACT -JAG -Taut Fund The recipient is required to esablish a trust fund account (The trust fund may or may not bean interest•bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Itutice Assistance no later than 90 days after the end of the grant penod, along with the final submission of the Financial Status Report (SF-269). 15. RECOVERY ACT —Access to Records; [ntttviews The recipient understands and agrc s that DOI rcpresentalives, and the (including OJP and the Office of the Inspector General (OIG)), and is Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DO) and the GAO are authorized to interview any ot7icer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVER ACT —One-time funding The recipient underttarxis and agues !}ut awards under the Recovery Act will ix ono -time awards and aceorden;tty that is proposed orojxr auivities and deiivcrables are to be .accompfished .without additional DO1 finding. '-`I i' fGRAt :;vide 1p,_V l.9E) Department oflustice Office of Justice Programs AWARD CONTINUATION Bureau of Justice .Assistance SHEET PAGE s OF to ,i Grant PRO)rCT NONIRPR 2069-SB.B9-1479 AWARD DATE 07l11l1009 SPECIRL CONDITIONS 17, RECOVERY ACT Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non -Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with odret funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the recipient end all subrecipirnts must ensure that funds from this Recovery Act award are not commingled with funds from any other source. "The recipient further agrees that all personnel (including subrccipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non•award- clated activities. t8, RECOVERY AGT Subawards Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subreeipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring ofsubawards under this award. 19. RECOVERY ACT — Subawarda —DUNS and CCR For Reporting 7ite ret:ipirnt agrees to work with its first -tier subrecipients (if any) to crwre that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT •Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to O1P. At present, these repontq are to be submiucd on-line (at https //grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October I51 20W, OIP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government•wide Standard Form 425 Federal Financial Report from (available for viewing at www-whitehouse.gov/omb/grants/Standard_forms/iTt.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing (hereafter), the recipient agrees that it will submit quarterly financial status reports to O1P on- line (at hops://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. iiP "r0_a.ld avX]2 (REV axis) r^� Depamnent of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 Or to Grant P ROIECT NUMBER ?000411•89. 1479 AWARD DATE 07Q IrCO9 SPEC14L CONDITIONS 21. RECOVERY ACT Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations•• and OMB A402 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A• 133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A• 133, "Audits of Stales, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows tinder Item 9 of Part ❑1 on the SF -SAC by CFDA number, and inclusion of the prefix "ARRAm" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF - SAC. (c) The recipient agrees to separately identify to each subrecipicnt the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds, When a recipient awards Recovery Act funds for an existing program, the information famished to subrecipienis shall distinguish the subawards of incremental Recovery Act funds from regular subawards tinder the existing program. (d) The recipient agrees to require its subrecipiems to specifically identify Recovery Act funding on Choir SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to property monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT —Reporting and Registration Requirements under Section 1512 of the Recovery Act, (a) This award requires tlx rreipienl to armplete projects or activities which are funded undo[ the Recovery Act and to report on use of Recovery Act funds provided through this award. Information From these reports will be made available to the public. Ib) The reports are due no later than ten calendar days after each calendar quaver in which the recipient receives the assistance award Cunded in whole or in part by the Recovery Act. (e) Recipients and their first•tier recipients mutt maintain current registrations in the Central Contractor Registration (www.ecr.gov) at all limes during which they have active federal awards funded with Recovery Act funds. A Dun snd Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in file Central Contractor Registration. (d}The recipient shall report the information described in section 1512(e) of the Recovery Act using the reporting insmtctions and data elements that will be provided online at FederalRepocting.gov and cr>3ure that any mformauon that s pre -filled is corrected or updated as needed. C:JP tY'R \f ibi'V? , RED' a-4a) Department of Justice Once of Justice Programs Bureau of Justice Assistance AWARD CON'f INUA"I'lON SHEET Grant PROIECTNUMHER :009•SH•H9.1479 AWARDDATB 07l21�2009 SPECIAL CONDITIONS 23. RECOVERY ACT —Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not Later than 10 days after the end of ench calendar quarter, each recipient that received recovery Funds from a Federal agency shall submit a report to that agency that contains-- (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including -- (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number ofjobs created and the number of jobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below 525,000 or to individuals, us prescribed by the Director of the Office of Management and Budget. 24. RECOVERY AC'f —Protecting State artd Local Oovemntent and Contractor Whistloblowcta (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non. Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act, The text of Recovery Act is available at www.c jp.usdc j.gov/recovery. 23. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award maybe used by any State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT— Infrastructure Investment (Recovery Act, sections 15 11 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent subinisslon of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. +J?P =>jR�t uexkn .REV t. q;) Ucpartment of Justice ` t Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE s OF to Grant I' ROJECrNL'MBER 2009SB-89-1479 AWARD DATE 01RIRo09 SPECGiL CONDITIONS 27. RECOVERY ACT Buy American Notification (Recovery Act, ;action 1605) The recipient understands that :his award is subject to the provisions of section 1605 of the Recovery Act ("Buy Amercan"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add govemmenl-wide standard conditions (anticipated to be published in subpar B oC2 C.F.R. pant 76) that Nrcher implement the specific requirements or exceptions ofseetion 16056 Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United Sates, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; rho District of Columbia; commonwealths, It! tortes, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions), These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, mnncls, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site fur incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least SO percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes ofOJP grants, projects involving construction, alteration, maintenance, or repair oFls, detention Facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager — in advance —with any questions concerning this condition, including its applicability to particular circurnstanca. �-U f'fC;RM 4�YNk',''rR-c� 4x41 Department of Justice i Office of Justice Programs AWARD CONTINUATION r Bureau of.lustice Assistance SHEET J� PAo E 9 OF' 10 Grant PROIECTNUMBER 1009-SB-B9.1479 AWARD DATE 07RI.'2009 SPECIAL CONDITIONS 28. RECOVERY ACT Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or In part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3143, the Department of Labor Ira" issued regulations at 29 CFR Parts t, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis•Bacon contract clauses set forth in that section. The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating), (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT—NEPA 30. RECOVERY ACT — Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penahies, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties, 31. RECOVERY ACT —Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future O1P (including government -wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section t512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) Alter failure to report section 1512(c) data for two consecutive reporting periods, t:"e recipient may be (a) precluded from drawing down funds under any O1P award, and/or (b) deemed '"eligible for future discrerionary 01P awards, until such time as the recipient becomes current in its section 1512(c) rcponing obligations; and (2) Aft cr failure to report section 1 512(c) data for three consecutive reporting periods, the recipient, upon written remand of tie Director of B1A, shalt return to O1P any unexpended award funds (including any unexpendcd interest yarned on award fiends) within 15 calendar days of the date of the demand nutica Ther slier, the recipient's award and shall f`e converted to a com,retmbursable grim until such umc as the rccipient becomes current in its section 1512(c) reporting Obligations, and remains eurent for not less Lhan two additional consecutive reporting periods. O1P .'�tRM ,C+i[YI tRnV. �-SN) PROJECT NUMBER Department of Justice OMce of Justice Programs Bureau of Justice Assistance 2009- S& 89-11T9 AWARD CONTINUATION SHEET AWARD DATE SPF.C/.fL CONDITIONS Grant oTn t,^.009 PAGE t0 OF !0 33. Recipient may not obligate, expend or dmwdown funds until the Btueau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOV) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 14. Recipient may not obligato, expend, or drawdown funds until the Bweau of Justice Assistance, Of(itt of )usUce Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 3S. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assiswnce, Office of Justice Programs has reviewed and approved Inc Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. Gffice of Justice Programs: Recovery Act information Page 1 of 9 VE�2Y A RECa Office of Justice Programs (OJP) Recovery Act Additional Requirements (Applicable to Programs Funded under the American Recovery and Reinvestment Act of 2009, Public Law 111-5) On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "Recovery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight Internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring, DOJ is committed to working with our national, state, local and tribal partnerships to ensure this funding invests in the American workforce. Successful applicants for awards under OJP Recovery Act programs must comply with various applicable requirements, including the following. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act The Recovery Act places great emphesEs on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website -- Recovery.gov -- to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. As indicated in the "Accountability and Transparency under the Recovery Act" section of the program solicitation, awardees of Recovery Act funds must comply with the extensive reporting requirements. )uarterly financial and programmatic reporting will be required; reports will be due within 10 calendar days after the end of each calendar quarter. Applicants for and recipients of awards may expect that a standard forms) and/or reporting mechanism will be made available at a future date. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, alE applicants for and recipients of awards of Recovery Act funds should be aware that Recovery Act section 1512(c) provides: (c) Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expanded or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including — (A) the name of the project or activity; (t3) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the http�,'.%`,vwtiv.�_�jp.usdoj.govlrecovery.'sofieitatior�rec}uirements.htm 3i?=,/'r,�t}q Office of Justice Programs: Recovery .Act Information Page ? of 9 project or activity; and (E) for Infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure Investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Section 1511 of the Recovery Act: Certifications (if applicable) Section 1511 of the Recovery Act provides - With respect to covered funds made available to State or local governments for infrastructure investments, the Governor, mayor, or other chief executive, as appropriate, shall certify that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the Infrastructure Investment is an appropriate use of taxpayer dollars, Such certification shall include a description of the investment, the estimated total cost, and the amount of covered funds to be used, and shall be posted on a website and linked to the website established by section 1526. A State or local agency may not receive infrastructure Investment funding from funds made available in this Act unless this certification is made and posted. Section 1602 of the Recovery Act: Preference for Quick -Start Activities (if applicable) Section 1602 of the Recovery Act provides - In usfng funds made available in this Act for infrastructure investment, recipients shalt give preference to activities that can be started and completed expeditlously, including a goal of using aIt least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit, Section 1804 of the Recovery Act: Limit on Funds Section 1604 of the Recovery Act provides - None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Section 1605 of the Recovery Act: Buy American (if applicable) Section 1605 of the Recovery Act provides - Use of American Iron, Sleet, and Manufactured Goods. {a) None of the funds appropnated or otherwise made available by this Act may be used for a project for the construction, aikeration, maintenanceI er repair of a public building or public work unless all of the iron, Steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— ( 1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably avaAabie quantities and of a satisfactory quality; or ''t7ttp:iiwwtiv.oip.usdn;_govrrecover<�rsalicitationrequirements.htm ;;�'1,�,f�{19 Office of Justice Programs: Recovet Act Information Page 3 of 9 (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that It is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Section 1606 of the Recovery Act: Wage Rate Requirements (If applicable) Section 1606 of the Recovery Act provides - Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth In Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code, Section 1607 of the Recovery Act: Additional Funding Distribution and Assurance of Appropriate Use of Funds (if applicable) Section 1607 of the Recovery Act provides - (a) Certification by Governor -Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: (1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth. (b) Acceptance by State Leglslature- If funds provided to any State In any division of this Act are not accepted for use by the Govemor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. (c) Distribution- After the adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public -private entities within the State either by formula or at the State's discretion. Section 1609 of the Recovery Act: Relating to National Environmental Policy Act Section 1609 of the Recovery Act provides - (a) FINDINGS- (1)The National Environmental Policy Act protects public health, safety and environmental quality: by ensuring transparency, accountability and public involvement in federal actions and in the use of public funds; (2) When President Nixon signed the National Environmental Policy Act into law on January 11 19700 he said that the Act provided the "direction" for the country to "regain a productive harmony between man and nature"; (3) The National Environmental Policy Act helps to provide an orderly process for considering federal actions and funding decisions and prevents ligation and delay That would otherMse be inevitable and existed prior to the establishment of the National Environmental Policy Act. ('b) Adequate resources within this bill must be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall he utillzed. (c) The President shall report to the Senate 'Environment and Public Works Committee and the iltl(]:i/�V�h�W.Ofp U5��0).�OVIC�Ct7V�I'!�'SG�ItCttd[10[?.�gtllC�CT1�nIS.il[771 �(�'=�/�i}'.1�i Offlcc of Justice Programs: Recovery Act Information House Natural Resources Committee every 90 days following the date of enactment until September 30, 2011 on the status and progress of projects and activities funded by this Act with respect to compliance with National Environmental Policy Act requirements and documentation. Non -supplanting of State and Local Funds (if applicable -- consult the program solicitation and the special conditions in the award document) Grantees must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer to the information provided at t�1112;//1 WW W U9d0i. Oy/r oyerv/sUDD(antinnnnirinnra hiF Civil Rights Compliance As a condition for receiving funding from the Office of Justice Programs (OJP), recipients must comply with applicable federal civil rights laws, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 19720 the Age Discrimination Organizations. Depending on the funding source, a recipient must also Act of 1975, and the Justice Department's regulation for the Equal Treatment of Faith -Based comply with the nondiscrimination provisions within the applicable program statutes, which may include the Omnibus Crime Control and Safe Streets Act of 1968, the Victims of Crime Act, or the Juvenile Justice and Delinquency Prevention Act. Collectively, these federal laws prohibit a recipient of OJP funding from discriminating either in employment (subject to the exemption for cIt faith-based organizations discussed below; see "Funding to Faith -based Organizations") or In the delivery of services or benefits on the basis of race, color, national origin, sex, religion, or disability. In addition, OJP recipients may not discriminate on the basis of age in the delivery of services or benefits. For more information on these laws, please click here. Compliance with Title VI of the Civil Rights Act of 1964, which prohibits recipients from discriminating on the basis or national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person Is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. To assist recipients in meeting their obligation to serve LEP persons, the Justice Department has published a guidance document, which is available at www.1 P g.Qv The OJP encourages applicants and recipients to include within their program budgets the costs for providing interpretation and translation services to eligible LEP service populations. For technical assistance on complying with the civil rights laws linked to the receipt of federal financial assistance from OJP, please contact the Office for Civil Rim by telephone at (202) 307.4690, by facsimile at (202) 616-9865, by TTY at (202) 307-2027, or by mail at the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 310 7th Street, NW Washington, DC 20531 Funding to Faith -Base Organizations In 2002, Executive Order 13279 was issued and in 2004, the Department of Justice {DOJ) issued the regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. Part 38. In general, the Executive Order and regulation require funding organizations to treat faith -based organizations (FBOs) the same as any other applicant or recipient of DOJ funding, neither favoring nor discriminating against FBOs in making and administering grant awards, and require that FBOs be allowed to retain their http�,"iwww.ojp.usdoj.ecw;recovery/so!icitationrequire„ ants.htm Aage 4 of 9 Office of Justice Programs: Recovery Act Information Page 5 of 9 independence, autonomy, expression, and religious character when competing for DOJ financial assistance used to support social service programs and participating in the social service programs supported with DOJ financial assistance. The Executive Order and regulation also prohibit recipient FBOs from using Justice Department funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Funded FBOs may, of course, engage in inherently religious activities; however, these activities must be separate in time or location from the federally assisted program, Moreover, funded FBOs must not compel program beneficiaries to participate in inherently religious activities. Funded falth-based organizations must also not discriminate on the basis of religion in the delivery of services or benefits. Some program statutes, including the Omnibus Crime Control and Safe Streets Act of 1968, the Victims of Crime Act, and the Juvenile Justice and Delinquency Prevention Act, contain express nondiscrimination provisions that prohibit all recipients of funding under these statutes from discriminating on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit FBOs applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion In employment decisions by grantees. If the statute that authorizes a DOJ funding program generally forbids consideration o/ religion in employment decisions by grantees, an FBO may receive DOJ funds and continue to consider religion when hiring staff if it meets the following criteria: The FBO demonstrates that its program for which it seeks federal funding is an exercise of religion; 2. The FBO demonstrates that requiring it to either forgo its religious preference in hiring or forgo the federal funding would substantially burden its exercise of religion; and 3. The funding entity Is unable to demonstrate that applying the nondiscrimination provision to this FBO would both further a compelling government interest and be the least restrictive means of furthering this interest The OJP and state administering agenaes will grant exemptions to the prohibition against hiring discrimination on the basis of religion in the program statutes on a case -by -case basis to FBOs that certify to the following, unless there is good reason to question its truthfulness: 1. The FBO will offer all federally -funded services to all qualified beneficiaries without regard for the religious or non-religbus beliefs of those individuals; and 2. Any activities of the FBO that contain inherently religious content will be kept separate to time or location from any services supported by direct federal funding, and if provided under such conditions, will be offered only on a voluntary basis; and 3. The FBO is a religious organization that sincerely believes that providing the services in question is an expression of its religious beliefs; that employing individuals of particular religious belief is important to its religious exercise; and that having to abandon its religious hiring Practice to receive federal funding would substantially burden its religious exercise. FBOs that are seeking federal financial assistance under the Safe Streets Act, VOCA, and JJDPA as Nett as an exemption to their prohibition against religious discrimination in hiring, must complete and retain an original, signed document far their records (see sample), certifying to the three provisions set forth above, and then, must work with OJP to attach if to the grant No after receipt of an award. For more information, please consult OJP's Office forCivil Rights_ http:!!w�vw.ojp.usdoj.;ovirecovery/soGcitationrequirements.htm 3/''�i2f�(?9 Office of Justice Programs: Recovery Act information Page 6 of 9 Confidentiality and Human Subjects Protection (If applicable) U.S. Department of Justice regulations (28 CFR Part 22) require recipients of OJP funding to submit a Privacy Certificate as a condition of approval of any grant application or contract proposal that contains a research or statistical component under which 'information identifiable to a private person" will be collected, analyzed, used, or disclosed. The funding recipient's Privacy Certificate includes a description of its policies and procedures to be followed to protect the confidentiality of Identifiable data. 28 CFR section 22,23. The Department's regulations provide, among other matters, that: "Research or statistical information identifiable to a private person may be used only for research or statistical Purposes." 28 CFR section 22.21, Moreover, any private person from whom information identifiable to a private person is collected or obtained (either orally or by means of written questionnaire or other document) must be advised that the information will only be used or disclosed for research or statistical purposes and that compliance with the request for information is voluntary and may be terminated at any time. 28 CFR section 22.27. In addition, the Department of Justice has regulations with respect to the protection of human research subjects. See 28 CFR Part 46. In brief, 28 CFR Part 46 requires that research involving human subjects that is conducted or supported by a Federal department or agency be reviewed and approved by an Institutional Review Board (IRB), in accordance with the regulations, before Federal funds are expended for that research, As a rule, persons who participate In Federally -funded research must provide their "informed consent" and must be permitted to terminate theirparticipationfu ledre at any time. Funding recipients, before they will be allowed to spend OJP funds on any research activity involving human subjects, must submit appropriate documentation to OJP showing compliance with 28 CFR Part 46 requirements, as requested by OJP. General Information regarding Oata ConBdentiellty and Protection of Human Research Subjects (and Model Privacy Certificates and other forms) can be found on the following web sites: www•oi .usdo'.gov/forms.hImp www.oio.usdoi oov/niUfundino/humansubjectarndex htmi; P-VsSLQjOOYL4jsLPtWL L/bjsIDP_ al, and M_w�gJR,usdoJ._goy/bjslfundfng.htm. ,4ntl-Lobbying Act The Anti -lobbying Act (18 U.S.C. § 1913) recently was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the anti4obbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti4obbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and Budget (OMB) is currently In the process of amending the OMB cost circulars and the common rule (codified at 28 C.F.R. Part 69 for U.S. Department of Justice grantees) to reflect these modifications. However, In the interest of full disclosure, no federally appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express approval by OJP. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars. Financial and Government Audit Requirements r=ederal grants are governed by the provisions of the OMB circulars appiicab!e fo financial assistance and OJP's �'rJancja! Gc�de, which !s available from the OJP Web site (rv4vw.o;Q.usdpl ovloc). The inancia/ Guide includes information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. This document will govern how all successful applicants administer funds. Audits of state and local units of government, institutions of higher education and other nonprofit blip:%/www.ojp.usdoj.�,�v/recaveryisc�(icitationrPquirements.htnt fJffice of Justice Programs: Recovery Act Information Page 7 of 9 institutions must comply with the organizational audit requirements of OMB circularA-133, which states that recipients who expend $500,000 or more of federal funds during their fiscal year are required to submit a single organization wide financial and compliance audit report to the Federel AQd�{ Clearinghouse within 9 months after the close of each fiscal year during the term of the award, National Environmental Policy Act (if applicable) All OJP awards are subject to the National Environmental Policy Act (NEPA) and other related Federal laws, if applicable. 42 USC section 4321 et seq. The Department of Justice has established procedures to implement NEPA. See 28 CFR Part 61. The regulations state that "all federal agencies are required to give appropriate consideration to the environmental effects of their proposed actions in their decisionmaking and to prepare detailed environmental statements on .. , major federal actions significantly affecting the quality of the human environment' 28 CFR section 61.2. Under the regulations, the Department of Justice, among other things, Is required to "[cjonsider from the earliest possible point In the process all relevant environmental documents in evaluating proposals for Department action[.)" 28 CFR section 61.6. OJP has responsibility to ensure compliance with NEPA and 28 CFR Part 61, including Appendix D. For many projects that are funded by OJR NEPA may have no applicability. However, if OJP funds will be used, for example, to pay for renovation projects or new construction, programs Involving the use of chemicals, or any other activity, including research and technology ment, that ay effect on the environment, at a minimum, the funding recipient Must provide a full descrmiptionhave of an proposed project activities to OJP, and an Environmental Assessment (EA) will need to be prepared. Prior to allowing a recipient to spend OJP funds for such a project, e a finding that e th project does not significantly affect the human environment and the OJP must makt further environmental assessmentth is not necessary, DOJ Information Technology Standards (if applicable) As appropriate, all equipment and software developed under OJP awards must be compliant with U.S. Department of Justice information technology interface standards, including the National_ Criminal Intelligence Sharing Plan, the G)Qbal Juice XML Data model, and the Law Enforcement Information Sharing Plan (LEiSP). A list of additional standards can be found at the Q,)P $Urldatds Clearin house use. Single Point of Contact Review Executive Order 12372 requires applicants from state and local units of government or organizations providing services within a state to submit a copy of the application other to the state Single Point of Contact (SPOC) if one exists and if the state has selected this state SPOCs Is available on the OMB Web site (www.w )t ho s ov/ Omo9/aranttor review' A list of Applicants must contact their state SPOCs to determine whether their r t selected state review. The applicant should enter the date that the application as ssenrt t hhe SPOC or ttefor reason such submission is not required in Block 3 of the Overview section of the GMS application, Criminal Penalty for False Statements False e in connection debarment statements participating nfederal grants or conith tracts, and/oJP grants r other remedies a imprisonment, and es available by taw. Compliance with Office of Justice Programs Financial Guide Awardees must comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financia_ _ l Guide Suspension or Termination of Funding lip p:/,tia'tvw.olP.us�Joj.�ovirecovery,,'so(icitatioiLrequircmcnts.htm rJMce of Justice Programs: Recovery Act Information OOP may suspend funding in whole or in part, terminate funding, or impose other sanctions on a recipient for the following reasons: • Failing to comply substantially with the requirements or statutory objectives of the appropriate Act, program guidelines issued thereunder, or other provisions of federal law. • Failing to make satisfactory progress toward the goals, objectives, or strategies set forth in the application. • Failing to adhere to conditions, the requirements in the agreement, standard conditions, or special • Proposing or implementing substantial plan changes to the extent that, If originally submitted, the application would not have been selected for funding. • Falling to submit reports, Ftlng a false certification in this application or other report or document. Before Imposing sanctions, OJP will provide reasonable notice to the recipient of its intent to impose sanctions and will attempt to resolve the problem informally. Hearing and appeal procedures will follow those In U.S. Department of Justice regulations in 28 CFR Part 18. Non-profit organizations (n all OJP funded programs for which nonprofit organizations are eligible recipients or subreclpients, with the exception of those funded under authority of the Juvenile Justice and Delinquency Prevention Act, It is Department of Justice policy that an organization can demonstrate its non-profit status In any one of four methods: 1. submission of proof of 501(c)(3) status from the Internal Revenue Service 2. submission of a statement from the State taxing authority or State Secretary of state, or other similar official certifying that the organization is a nonprofit operating within the State, and that no part of its net earnings may lawfully benefit any private shareholder or individual, 3. submission of a certified copy of the applicant's certificate of incorporation or similar document, or, 4. submission of any item above, if that item applies to a State or national parent organization, together with a statement by the State or parent nonprofit affiliate, organization that the applicant is a local .Ail nonprofit subrecipients of formula funds provided under the Juvenile Justice and Delinquency Prevention pct must have 501(c}(3}status recognized by the Internal Revenue Service, For -Profit Organizations For -profit organizations that receive grant funds from pOP should be aware that additional special conditions are placed on awards to such organizatlons..4mong other things, commercial organizations must agree not to make a profit as a result of an award and not to charge a management fee for the performance of an award. Also, commercial organizations must agree to comply with the contract cost principles of subpart 31.2 of the Federal Acquisition Regulations, 1ttp:�'>��,�,,v�.�,�p.us�oj.�ovirecover�%solicitationrequirernents.htm Page 8 of 9 Office of Justice Programs: Recovery Act Information Page 9 of 9 Government Performance and Results Act (GPRA) Awardees must collect data (on a quarterly, semi-annually, or annual basis, as requested) appropriate for facilitating compliance with reporting requirements established by Public Law 103-62, the Government Performance and Results Act. The funding recipient must ensure that valid and auditable source documentation is available to support all data collected for each performance measure specified in the program solicitation. Rights in Intellectual Property In connection with OJP awards, the U.S. Department of Justice reserves certain rights with respect to data, patentable inventions, works subject to copyright, and other intellectual property associated with an award of Federat funds. See, e.g., 28 C.F.R. § § 66.34, 70,36, and 37 C.F.R. Part 401, Federal Funding Accountability and Transparency Act (FFATA) of 2006 Applicants that receive an award from the OJP should be aware of the requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, which calls for the establishment of a of a single searchable website that Is accessible by the public and includes the following information for each Federal award: (1) The name of the entity receiving the award; (2) The amount of the award; (3) Information on the award including the lransactlon type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action; (4) The location of the entity receiving the award and primary location of performance under the award, including the city, state, congressional district, and country; (5) A unique identifier of the entity receiving award and of the parent entity of the recipient, should the entity be owned by another entity; and, (6) Any other relevant information specified by OMB, Direct grant award information must be collected starting in FY Z007 and available for disclosure beginning in January 2008; subgrantee award data must be available beginning In January 200OJP will be responsible for collecting grantee information and providing it to the public website, using data provided by grantees through grants,gov and the Grants Management System. Additional information regarding these requirements will be provided when available. For updates, please visit the FFATA website at w _wtfedspending.gov, ��``P �,t�'1Lw'.�>ip.usdoj.kov;'reccweryisolicitatiunrequirAments.htm M&C Review Page 1 of 3 Official site of the City Of Fort Worth, texas COUNCIL ACTION: Approved on 5/12/2009 - Ord. No. 18614-05=2009 DATE: 5/12/2009 REFERENCE NO.: C-23518 LOG NAME: 35JAGARRA CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING. SUBJECT: Conduct Public Hearing and Authorize City Manager to Apply for and Accept, if Awarded, a $4,140,165.00 Grant from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Authorize the Execution of a Memorandum of Understanding with Tarrant County and the Cities Located in Tarrant County, Authorize the City of Fort Worth to Serve as the Cognizant Fiscal Agency and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing regarding the application for a grant from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program to allow the public an opportunity to comment as required under the grant application; 2. Authorize the City Manager to apply for and accept, if awarded, a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program, not to exceed $4,140,165.00; 3. Authorize the City Manager to Execute a Memorandum of Understanding to have the City of Fort Worth serve as the cognizant fiscal agency for the purpose of administrating this grant; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $4,140,165.00, subject to receipt of the grant. DISCUSSION: The Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows state and local governments to support a broad range of activities to prevent crime and to ,improve the criminal justice system. The City of Fort Worth, along with Cities of Arlington, Azle, Bedford, Benbrook, Crowley, Euless, Everman, Forest Hill, Grapevine, Haltom City, Hurst, Keller, Kennedale, Lake Worth, Mansfield, North Richland Hills, Richland Hills, Saginaw, White Settlement and Watauga are required to negotiate with Tarrant County to develop a program budget and strategy. All funds must be pooled, a spending plan must be developed and one agency must serve as the cognizant jurisdiction to apply for and disperse funds. A committee of all impacted law enforcement agencies developed an application strategy and the City of Fort Worth was selected to serve as the cognizant fiscal agency as it has for the past four years in connection with JAG Formula Programs. A total of $4,140,165.00 is available to be shared among the above listed jurisdictions and will be distributed in the following manner: Jurisdictions Purpose Area Amount City of Fort Worth Law Enforcement Programs $1,723,086.00 http://apps.cfwnet.org/council.packet/mc_review.asp?ID=11686&councildate=5/12/2009 4/23/2010 M&C Review Page 2 of 3 Tarrant County City of Azle City of Arlington City of Bedford City of Benbrook City of Crowley City of Euless City Everman City of Forest Hill City of Grapevine City of Haltom City City of Hurst City of Keller City of Kennedale City of Lake Worth City of Mansfield City of North Richland Hills City of Richland Hills City of Saginaw City of Watauga City of White Settlement Prosecution and Court Programs $7083613.00 Law Enforcement Programs $14,212600 Law Enforcement Programs $1,050,196.00 Law Enforcement Programs $1021902.00 Law Enforcement Programs $12,982.00 Law Enforcement Programs $10,659800 Law Enforcement Programs $51,929400 Law Enforcement Programs $10,796.00 Law Enforcement Programs $35,530.00 Law Enforcement Programs $37,034000 Law Enforcement Programs $69,421000 Law Enforcement Programs $78,713,00 Law Enforcement Programs $10,933000 Law Enforcement Programs $15,989.00 Law Enforcement Programs $18,585.00 Law Enforcement Programs $38,400.00 Law Enforcement Programs $83,633400 Law Enforcement Programs $9,019.00 Law Enforcement Programs $141486.00 Law Enforcement Programs $24,188400 Law Enforcement Programs $18,859400 The City of Fort Worth's funding will be used to support several law enforcement related programs for both personnel and equipment. These equipment programs will include such items as hand-held ticket writing equipment, automated field training devices, driving simulators, recording equipment, and cell phone locating devices. Personnel will be hired on a short-term basis to update needs of the Police Department's website and database development improvements. Additionally, two grant - related administrative staff members will be hired to support the increased grant activity due to the availability of Recovery Act funding. No matching funds are required. Fort Worth is responsible for submitting the full grant application and willI upon receipt of the grant funds, distribute funding to the other jurisdictions, as agreed among the above entities. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 5 GR76 5 $1,723,086.00 $708,613.00 $14,212.00 $1,050196.00 $102,902.00 FROM Fund/Account/Centers http://apps.cfwnet.org/council�acket/mc review.asp?ID=11686&councildate=5/12/2009 4/23/2010 M&C Review Page 3 of 3 (VARIOUS)035423365050 GR76 5 $12,982.00 (VARIOUS) 035423365060 GR76 5 $10,659,00 (VARIOUS) 035423365070 GR76 5 $51,929.00 (VARIOUS) 035423365080 GR76 5 $10,796.00 (VARIOUS) 035423365090 GR76 5 $354530.00 (VARIOUS 035423365100 3R76 5 $37,034.00 VARIOUS) 035423365110 3R76 5 $69,421.00 VARIOUS) 035423365120 31376 5 $78,713.00 (VARIOUS) 035423365130 3R76 5 $10,933.00 (VARIOUS) 035423365140 3R76 5 $154989900 (VARIOUS) 035423365150 3R76 5 $18,585.00 (VARIOUS) 035423365160 GR76 5 $38,400.00 (VARIOUS) 035423365170 3R76 5 $83,633.00 (VARIOUS) 035423365180 3R76 5 9 019.00 (VARIOUS) 035423365190 3R76 5 $14.486.00 (VARIOUS) 035423365200 3R76 5 $24,188.00 (VARIOUS) 035423365210 3R76 5 $18,859.00 (VARIOUS) 035423365220 GR76 451891 035423365000 $4,140,165.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 35JAGARRA AO.doc Tom Higgins (1292) Jeffery W. Halstead (4210) Sasha Kane (4243) http://apps.cfwnet.org/council�acket/mc review.asp?ID=11686&councildate=5/12/2009 4/23/2010