HomeMy WebLinkAboutContract 44568 (2)Cl'TY ��`AR�
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Memorandum of Understanding
between the City of Fort Worth, TX and the City of Hurst, TX
FY 2012 Justice Assistance Grant
1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort
Worth, Texas (hereinafter referred to as "RecipienY') and the City of Hurst, 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 2012 Justice
Assistance Grant (JAG).
3. PURPOSE. The purpose of this MOU is to enhance the worlcing relationship between the
parties in order to facilitate effective implementation of the FY 2012 JAG, in compliance
with the DOJ Program requirements. Once awarded, grant funds in the amount of $11,765.00
shall provide one intoxilyzer and four Simunition Kits for the Hurst Police Department 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 FY 2012 JAG Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
grant.
2) After the FY 2012 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 — Program Support Division — Grants and
Contracts Section (PSD-GCS) will oversee the administration, procurement, and
reporting for the Subrecipients' grant-funded activities and will act as the Fiscal
Agent for the FY 2012 JAG Program funds. Additionally, PSD-GCS will review and
approve and/or request approval from DOJ of any written requests by subrecipient for
modifications to the attached Exhibit A.
4) The Recipient shall pay the Subrecipient an amount not to exceed $11,765.00 fi�om
available grant funds for approved services and expenses rendered in accordance with
the terms of this upon receipt of a proper and verified invoice with satisfactoiy
program accompanying documentation of seivices 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 A-122 and 1-110. �.
MOU between the City ofFort Worth, TX
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B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the FY 2012 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 2012 JAG. Requirements to be met include those found in
(1) the Ofiice of Management and Budget circulars, (2) the Office of Justice
Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2012 JAG
Budget Narrative", which is incorporated by reference as part of this MOU, and (4)
"Exhibit B" to the MOU, entitled "Award Document" 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, repoi-ts, 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 St�' 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 2012 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 infoz-mation 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) foi-ms and vendor report forms
with an original signature by an authorized representative to Sasha Kane, PSD-GCS
Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 no
later than the St�' 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:
MOU between the City of Fort Wortl�, TX
and the City of HursY, TX
Page 2 of 6
1) The amount of FY 2012 JAG funds that were expended to projects or
activities during the previous month;
2) The amount of FY 2012 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 fi•om 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 iive (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 awarded to Recipient for investigation, examination and auditors 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. POIleITS OF CONTACT
A. Recipient
The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392-
4243, email address: sasha.kane@fortworthtexas.gov. Monthly RFRs should be submitted,
in writing, to the Fort Worth Police Department, 350 West Bellcnap Street, Fort Worth, TX
76102, Attention: Sasha Kane or by email to sasha.lcane@fortworthtexas.gov.
Performance reports should be submitted by the Project Directors of the aforementioned FY
2012 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350
West Bellcnap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to
sasha. kane@fortworthtexas. gov.
B. Subrecipient
MOU between the City of Fort Worth, TX
and the City of Hurst, TX Page 3 of 6
The primary point of contact for Subrecipient is Janet Grubish, telephone number: (817) 788-
7131 email address: janetg@ci.hurst.tx.us, mailing address: 1501 Precinct Line Road, Hurst,
Texas, 76054.
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.
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 2012 JAG.
7. IMMUNITY. The Pai-ties 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 other•wise 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 worlc
together to secure grant funding for mobile video recording pacicages and associated
equipment 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. Lilcewise, Subrecipient shall operate
hereunder as an independent contractor and not as an ofiicer, agent, seivant or employee of
the Recipient. Neither Recipient nor Subrecipieni 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. OT�IER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws
or regulations or with the directives of the City of Fort Worth or the City of Hurst. 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.
Recipient or its representatives shall have the right to investigate, examine and audit at any
time any and all necessary boolcs, papers, documents, records and personnel that pertain to
this contract or any related subcontracts.
MOU between the City of Fort Worth, TX
and the City of Hurst, TX
Page 4 of 6
10. TERM. This MOU will become effective on the date it is executed by both parties
("Effective Date") and remain in effect throughout the grant period (ending September 30,
2014). Each party represents that this 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 City of Fort Worth:
Sasha Kane
Senior Contract Compliance Specialist
City of Fort Worth Police Department
350 West Bellcnap Street
Fort Worth, TX 76102
For the City of Hurst:
W. Allan Weegar, City Manager
1505 Precinct Line Road
Hurst, TX 76054
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 2012 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.]
MOU between the Ciry of Fort Worth, TX
and the Ciry of Hurst, TX Page 5 of 6
ACCEPTED AND AGREED:
CITY OF HURST:
By: � LC r �L�
W. Allan Weegar
City Manager
�
Date: ,� " ��— � % �
APPROVED AS TO FORM
AND LEGALITY:
City of Hurst
Printed Name���„, h� %�j„-y`.. C� .;J`--
Signature� � i'�� � o �
Date: 2-- �-
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: � . .�s
Charl s W. Daniels
Assistant City Manager
Date: b(� � //. /,3
APPROVAL RECOMMENDED:
B y: w
Jeffrey . Halstead
Chief of Police
Date: �O � '��
-- /�� APPROVED AS TO FORM AND
LEGAL Y:
By:
Jessic S ngsvang
Assistant City Attorney
Date: � - Co "_ ��
Contract Authorization:
M&C: � -� �-� � .Z _
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Date Approved: � � �_
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MOU between the City of Fort Worth, TX
and the City of Hurst, TX
ATTES
By; �� / �: �` ,
Mary J. Ka
City Secretaiy �
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Exhibit A
Hurs#- $11,765
A. E. ui ment _ . . t . ., : ,
Unit Price!
Item Com utation/Descri tlon Number Total
Device for estimating BAC from a
Intaxilyzer breath sample 1 $I0,000
Simunition Kits ConverE pist�ls to a simunitions
weapons to be used for training 4 $ 1,765
sub-Total $� 1,%65
City of Fort Worth
Budget Detail Worksheet
Bud"et�Samima ' >'`` k'
S i, f
., ..� .. . r —. . .�,a ., . . . . _ :. , . , _ , a.
Bud et Cate or Total
A. Personnel $0.00
B. Frin e $0.00
C. Travel $0.00
D. E ui ment $0.00
E. Su lies $0
F. Consultants/Contractor Services
TOTAL PROJECT COSTS $1 �,7b5
Fet�eral Re uest: $11,765
Nou-Federal Amount: $0
$11 765
City of Fort Worth
Hurst- $11,765
Budget Narrative
A. Personnel: No funds are requested in this category.
B, Fringe Bene�ts: No funds are requested in this category.
C. Tra�vel: No funds are requested in this categoxy.
D. Equipmeut: $11,765
This grant money will be use to purchase an intoxilyzer and simunition kits for the Hurst Police
llepartment.
E. Supplies: No funds are requested in this category.
F. Constraetion: No funds are requested in this category.
G. Consultants and Cantractors: No funds are reyuested in this category.
H. Other Costs: No funds are requested in this category.
I. Indirect Costs: No funds are requested in this category.
City of Fort Worth
Exhibit 6
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Depardnent of lustice �
,,, Office oflustice Programs � �
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i Bureau of Justice Assistance Grattt �
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I. RECIPI@NT NAME AND ADDRESS (Includmg Zip Codc) 4. AWARD NUMBER: 2012•DJ•HX•1036
Ciry of Fon Wonh #-- ----._ . _ u_�_
350 Wesl Bdknap Street ' S. PRO]BCT P&RIOD; FROM lDlOV2011 TO 09l3012015
Fort Woflh, TX 76102•2004 �
BUDGET PEftIOD; FROM 10/01(2011 TO 09/30/1015
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'�; � 6. AWARp DATB OBl16I2012 j 7, qCT10N V
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� IA. GRANTEE IRSNENpOR N0. x 8. SUPPLEMENT NUM9ER � j (nirinl
i 75b000528 # 00 ?
£
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9, PR�V[OUS AWARD AMpUNT S 0
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3, PRO7ECTTiTLE 10. AMOUNYOFTHIS AWARD � � S�561,566
i Tanant County PY 2012 JAO Projcct n,_ u�_
I 1. TOTAL AWARD S 561,566
� 12. SPECIA� CONDITIONS
THE AB�VE GRANT PRO)ECT iS APPROVED SUBJECT?0 SUCH CONDITIONS OR LIMITATfONS AS ARE SET FORTH
4N THE A'{TACNED PAG�(S).
� �__�__- _-- — - --- _
; 13. STATUTORY AUTNORITY FOR GRANT
'fhis proJect Is supported under FY 12(BJA • JAO) 42 USC 3930, ct scq.
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I5. METHOD OF PAYMENT
GPRS
. — ----_— --- ---- --
' AGENCY APPROVAI, �' � GKANTEE ACC8P7ANC�
— , . ..., ....—
16. TYPED NAME AND T1TLE OF APPROVING OFFIC[A[, l8. TYPED NAME AND T1TLE OF AUTHORIZED GRANTEE pFFlCIAL
Denise O'Donndl Charles W, paniels
Dircaor Assistant City Ma��pger
i
__.. �.�,_--�___— —_----
17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTNOftIZBD RECiPIENT OFF[C[AL � 19A, T3ATF
,i:.._. ?r-:i..<.�i�. j
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICA?IdN CODE5 21. LDIUGT1300
FISCAL FUND BUD. DIV.
YEAR CODE ACT, OFC, RGG. SUB. POMS AMOUNT
X B D! 80 00 00 561566
i
OJP FORM 4000lZ (REV. S•87) PREVlOUS EDlTIONS ARE OBSOLETE.
OJP FORM 400012 (REV, 4-88)
^- � DepartmentofJusticc
Office of Justice Programs
3 '� Bureau of Justice Assis#ance
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AWARD CONTINUATIQN
SHEET PAGE x oF �
Grant
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PROJECTNUME3ER 2012-D1-BX-1036 AWARDDATE
O8/16I2012
SPECIAL CONDl770NS
1. 'Che recipient agrees to comply with the financial and edministrative requirements set forth in the current edition of the
O�ce of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equai Employment Opportunity Plan (if recipient 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 iu Certi6ed 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 organizetional audit requirements of OMA Circular A• 133, Audits of States,
' Local Governments, and Non-Profit Organizations, and further understands and agrccs that Punds may be withhetd, or
� oUier related requirements may be imposed, if outstanding audit issues (if any) from OMB Circutar A•133 audits (and
i any other audiu of OJP grant funds) are rtot satis£actorily and promptly addressed, as furti�er described in che cuRent
; edition of Q�e OJP Financial Guide.
4. Recipient understands and agrees that it cannot use nny federal funds, either dlrectty or indirecQy, in support of the
enactment, rcpeal, modification or adoption of any law, regulation or poticy, at any level of govemment, without the
express prior written approval ofOJP.
5. The recipient must promptly refer to the DOJ O1G any crcdible evidence that a prineipal, employee, agent, contractor,
subgranta, subcontractor, or other person has either 1) submitted a false claim for grant funds under the Fafse Claims
Aet; or 2) c;ommitted a criminal or civil violation of faws 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 OfG by -
( mail:
Offce of the Inspector Generai
U.S. DcpartmentofJuslice
, ]nvestigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mnil: oig.hotlineQusdoj.gov
hoUine: (contact information in English and Spanish): (800) 869-4499
or hoUine fa�c: (202) 616-9881
Additional information is available from the DOJ OI(3 website at www.usdoj.gov/oig.
6 Recipient understands and agrees that it cannot use any federal f�nds, either direcily or indirectly, in support of any
conaact or subaward to either the Association of Communiry Organizations for Reform Now (ACORt�I) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additiona! requirements that may be imposed during the grant performance
period if the agency detormines that the recipient is a high•risk grantee. Cf. 28 C.F.R. parts 66, 70.
OJP FORM 4000/2 (RGV, 4-88j
� L7eparmtent ofJustice
�+ i Office of lusticc Programs
�, �� Bureau of Justice Assistance
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PROJECTNUMf3ER 1012-07-BX•1036
AWARD COIVTINUATION
SHEET
Grant
AWARD DATE 06/16/2012
SPECIAL CONDITIONS
PAGE 3 OF 7
8. Thc recipient agrees to comply with applicabte requirements regarding Centrat Contractor Registration (CCR) and
appticable restrictions on subawards fo first-tier subrecipients that do not acquire and provide a Data Universa!
Numbering System (DUNS) number, The details o£recipient obligations are posted on the Otiice of Justice Yrograms
web site at http://www.ojp.gov/tunding/ccr,htm (Awazd condition: Central Contractar Registration and Universal
tdentifier Reyuirements), and are incorporated by referencc here. This special conditlon does not apply to an award to
an individuai who reccived the award as a natural person (i.e., unrelnted to any business or non-profit organization that
he or she may own or operate in his or her nazne),
9, Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October i, 2009), the Deparpnent encourages recipients and sub recipients to adopt and enforee policies
banning employees from text messaging while driving any vehicla during the course of performing work fLnded by this
grant, and to establish workptace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limiis, prior approva! and reporting rcquiremenu, whcre applicable) goveming the use of federat funds for expenses
related to conferences, meetings, trainings, and other evonts, inctuding ihe provision of food and/or beverages at such
events, and costs of attendance at such event�. Information on pertinent laws, regutations, policies, and guidance is
available at www.ojp,govJft�nding/confcost.htrn.
l 1. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this awevd mi�st ndhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at htip://www.ojp.usdoj.gov/funding/ojpuainingguidingprinciples.htm.
12. The recipient agrees that if it currently has an open awazd of federal fUnds or if it receives an award oi federal funds
other than this OJP award, and thosc award funds have been, are being, or are to be used, in whole or in pari, for one or
more of the identical cost items for which iGnds are being provided under this OJA award, the recipient will promptly
notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget-modiftcation or
change-of-project-scope grant adjusqnent notice {GAN) to eliminate any inappropriate duplication of funding.
13. The recipient agrees to campty with appiicable requirements to repori first-tier subawards of 525,000 or more and, in
cenain circumstances, to report the namos and total compensation of the five most highly compensated executives of
the recipient and first•tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive firom the Federst Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of.)ustice Arograms �veb site at
http://www,ojp.gov/funding/ffata.htm (Award condition: Repotling Subawards and Lxecutive Compensation), and are
incorporated by reference bere. This condition, and its reponing requirement does not apply to grant awards made io
nn individual who received the award as e naturai person (i.e., unrelated to any business or non-profit organization that
he or she may own operate in his or her name).
14, 7'he recipient agrees that all income generated as a diroct result of this awerd shalt be deemed progrnm income. AI!
program income eamed must be accounied for and used for the purposes of funds provided under this award, inctuding
such use being consfstent with the conditions of the award, the eff'ective edition of the OJP Financial Guide and, as
applicable, either (1) 28 C,F.R, Pan bb or (2) 28 C.F,R Part 70 and 2 C.F.R. Part 215 (OM6 Circular A-1 Ia). Further,
the use of program income must be reported on the quarterly Federal Finencial Report, SF 425.
_ _ I
O1P FORM 4000/2 (REV, 4•BB)
--_ _ _.
'Gn DepartmontofJustice �
,s v Office ofJustice Programs AWARD COIVTINUATiON
'�. � Bureau of Justice Assistance SHEET ' PAGE a oF �
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PROJECTNUMBER 2012•DJ•BX•l036 AWARDDATE 08/16/2012
SPEC/AL CONDITIONS
l5. The grantce agrees to assist BJA in complying with the Nationa! Environmental Aoticy Act (NEPA), the National
Historic Preservation Act, and other rotated federal environmental impact analyses requirements in the use of thcse
grant ftmds, eicher direcUy by the gruntee or by a subgrentee. Accordingly, tho grentee 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
idetermined that any of the fotlowing activities will be funded by the grant, lhe grantee agrees to eqntact BJA.
The grantee understands that this special condition app(ies to its tbl(owing new activities whether or not they are being
' specifically fLnded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
i subgrantec, or any third party and the activity needs to be undertaken in order to use these grant ftmds, this speciat
' condition must �rst be met. The activities covered by this special condidon are:
a. New consauction;
b. Minor renovation or remodeling of a property tocated in an environmentally or historicalty sensitive area, including
properties tocated within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible far 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) signi�eanUy change its size;
i d. lmplementation of a new program i�svolving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b} tradidonally used,l'or example, in o�a, household, recreational, or
education environments; and
e. Impfementation of a progrnm relating to ctandestine methemphetamino Inboratory operations, including the
identification, seizure, or elosure of clandestine methemphctamine laboratories.
The grnntee understands and agroes that complying with NBPA may reyuire the preparation oian Environmental
Assessment and/or a�� Environmental Impact Statement, as directed by BJA. 'I'he grantee further understands and
agrees to the requirements for implementation of a Miti�ation Plan, as detailed at
http://www.ojp.usdoj,govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations.
Applieation of This Speeial Condition to Grantee's Exisling Programs or Activitios: For any of the grantee's or iu
subgrtu�tees' existing programs or activities that will be ftmded by these grant funds, the grantee, upon speci�c request
8�om BJA, agrees to cooperate with BJA in any prepnration by BJA of a national or program environmental assessment
' of that fGndcd program or activiry.
16. To avoid duplieating existing netvrorks or IT systems in any initiatives funded by BJA for law enforcement infonnation
sharing systems which involve interstate connectivity batween jurisdictions, such systems shaU employ, to the extent
possible, existing networks as the Communication backbone to aehieve interstate connectivity, unless the grantae ean
demonstrate to the satisfaction of BJA thak this requirement would not be cost ef%ctive or would impair the
functionality of an existing or proposed lT system.
17. In order to promote information sharing and enabte interoperabi[ity among disparate systems across the justice and
public safety community, OJP requires the grantee to compiy with DOJ's Global Justice fnformation Sharing lnitiative
(DOJ's Global) guidelines and recommendations for this particular gant. Grantee shalf Conform to the Global
Standards Package (GSP) and all eonstituent elements, where applicable, as described at:
http://www.it.ojp.gov/gsp�grantconditian. Grantee shall document planned approaches to information sharing and
describe wmpliance to the GSP and appropriate privacy policy that protects shazed information, or provide detailed
justincation 1'or why an altemative approach is recommended,
O]P FORM 4000/2 (REV. 4-88)
Department ofJustice
Offia of Justice Programs
� ` �'. p��� Bureau ofJustice Assistance
PROICCTNUMBER 2013-D1•BX-1036
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 08/t6/Z012
SPEC/AL CONDiTlONS
PACE 5 OF 7
18. The recipient is required to estabtish a trusi fund account. (The trust fund may or may not be an interest-bearing
account.) The flind, including any interest, may not be used to pay debts or expenses incurced by other activities beyond
iho scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). T'he recipient also agrees to obligate
and expend the grant R�nds in the trust fund (including any interest eamed) during the period of the grant. Grant funds
(inctuding any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no tater than 90 days nfter the end of the grant period, along with the fina! submission of ihe Federal
Financial Report (SF-425).
19. JAG funds may be used to purchase builetproof vests for an agency, but may not be used as the 50% match for
purposes of the Bulletproof Vest Partnership (BVP) program.
20. The recipient agrees to submit a signed certification that that all luw enforcement agencies receiving vesu purchased
with !AG fitnds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed
certifications on Crle for any subrecipients ptanning ro utilize JAG funds for bulletproof vest parchases. This policy
must be in place for at least ail uniTormed officers before any FY 2012 JAG funding can be used by the agency for
bulletproof vesu. There are no requirements regarding the nature of the policy other than it being a mandatory �vear
policy for all uniformed otiicers whilo on duty.
21. tiuiletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor
or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice
ballistic or stab standards. In addition, bulletproof vests purchssed with JAG fi►nds must be Ameriean-made, The latest
' N)J standazd infortnation can be found here: http:Owww.nij.gov/topicsltechnology/body-armor/safery-initiative.htm.
22. The recipient agrees that any information technology system funded or supported by OJP fUnds will comply with 28
C.F.R, Part 23, Criminal [ntelligenee Systems Operating Policies, ifOJP determines this regulation to be applicabk.
Shouid OJP detennine 28 C.P.R. Part 23 to be applicable, OJP may, at its discreUon, perform audits of the system, as
per the regutation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Ctecipient may not setisfy such a fine with federal funds.
23. The recipient agrees to ensure that the State Infom►ation Technology Point of Contact receives written notification
regarding any information technology project fiu�ded by this grant during the obligation and expenditure period, This is
to facilitate communication amang local and state govemmental entitics regarding various informntion technology
projects being condueted with these grant funds, In addition, the recipient agrees to maintain an administrative filc
documenting the meeting of this requirement. For a list ofState Infortnation Technology Poincs of Contact, go to
http://www.it.ojp.gov/defnult.aspx?areampoticyAndPraciice&pagc�t 046.
2A. The grantee agrees to comply with the applicable requiremenu of 28 C.F.R, Part 38, the Depardnent of ]ustice
regu(ation governing "Bqual Treatment for Faith 8ased Organizations" (the "Equal Treatment Regulation"). The Equal
Treaanent Regulation provides in part that Department of Justice grant awards of direct t'unding may not be used to
fund any inherently retigious activities, such as worship, religious instruction, or prosetytization. Recipients of direct
grants may stiU engage in inherenUy religious activities, but such aetivities must be separate in time or place from the
Department of lustia funded program, and pariicipation in such activities by individuals receiving services &om the
grantee or a sub-grantee must be voluntary. Tha Equal Treatment Regulation also makes clear that prganizations
participating in programs direcUy funded by the Deparpnent of Justice are not perrnitted to discriminate in the provision
of services on the basis of a bene�ciary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a b�sis for employment, See
http://www.ojp.gov/aboudocrlequal_fbo.htm.
25, '[l�e recipient acknowledges that all programs fUnded through subawards, whether at the state or local levels, must
confonn to the grant program requirements as stated in BJA program guidance,
O1P FORM 4000/2 (REV, 4-88)
' �� �'* DepartmentofJusticc `
,, office of dustice Programs AWARD CONTIIVUATION
�� �� Bureau of Justice Assistance � SHEET
�,� �,;..,,a.��
�. Grant
i
� ----� __.�r._,
IPRO)ECTNUMBER 2012-D1-BX-103b AWARADATE OS/16/2012
SPEClAL COND/TIONS
26. Grantee agrees to comply with the requiremcnts of 28 C.F,R. Pan 46 and a110ffice of 7ustice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of lnstitutional Review 8oard
approva(, if appropriete, and subject informed consent,
27. Grantee agrees to comply with alt confidentialiry requirements of a2 U.S.C, section 3789g and 28 C.F.R. Part 22 that
are applicable to coltection, use, nnd revelation of data or information. Grantee funher agrees, as a condition of grant
approval, ro submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in pariicular,
section 22.23,
28. ?lie recipient agrees that funds received under this award will not be used to supplant State or local fiutds, but wi11 be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for !aw
enforcement activities.
29. Award recipients must submit quarterly a Federal Financia! Report (SF-425) and annual perfo�mance repares through
GMS {https://granis.ojp.usdoj.gov), Consistent with the DepartmenYs responsibi[ities under the Government
Performance snd Results Act (GPRA), P,L. 103-62, applicnnts who receive funding under this so(icitation must
provide data that measure the results of their work. Therefore, quarterty performance metrics reports must be submitted
through BJA's PerFoRnance Measurement Tool (PivfT) website (www,bjaperforniancetools.org). For more detailed
information on reporting and other JAd requirements, refer to the JAG reponing requirements webpage. Failure to
submit required JAC3 reports by estab)ished deadlines may result in thc freezing of grant tLnds and fttture High Risk
designation.
30. The recipient agrces to monitor subawards under this JAG awnrd in aecordance with alt applicable statutes, reguiutions,
OMB circulars, and guidelines, including the 4]P Financial Guide, and to uiclude the applicablc conditions of this
award in nny subaward, The recipient is responsible for oversight of subcecipient spending and monitoring of specific
outcomes and benefits attributabte to use of JAG funds by sub�ecipients. Thc recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring ofsubawards under this award.
31. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact informatipn in GMS, including telephone number and e-mail address, Jf any information is
incorrect oc has chenged, a Grant Adjustment Notia (GAN) must bc submitted via the Granu Management System
(GMS) to document changes,
32. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency executive, task force officer, or oUier task force member of
equivnlent rank, will complete required online (intemet-basod) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and l.eadership (www,ctfli.org). AI[ current and new task
force members are required to complete this training once during the life of che award, or once evety four years if
multiple awards include this requirement. '[tiis lraining addresses task force effectiveness as well as othcr key issues
including privaey and civil liberties/righis, task force performance messurement, personnel seiection, and task force
oversight and accountability. Additional inFormation is availabte regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
33. The recipient may not expend or drawdown funds until the required bulletproof vcst cenificatipn retated to matching
funds and mandatory wear has been submitted by the recipient and approved by the Bureau ofJustice Assistance
through a Grant AdjusGnent Notice (QAN).
34. Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, O�ce ofJustice Programs has
reviewed and approved the Absvact portion of the npplication nnd has issued a Grant Adjuslment Notice (GAN)
informin$ tlie recipient of the approval.
PAGE 6 OF 7
'
�
' I
OJP FORM A000l2 (REV. d-88)
.,�'`•"�'er`�y�a.
,-.�� . �� ^.,
ff � `,
� �� . ,��
�� �f
n��i�r�
Departrnent of 7ustice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTIlVUATION
SHEET
Grant
PAGE 7 OF T
_ _ __._
PROJECTNUMDER 2012-DJ-BX-1036
— :<. . . _
AWARO DATE O8/16/2012
SPEC/AL CONDIT/ONS
3S. Recipient may not oxpond or drawdown funds until d�e Bureau of Jnstice Assistanee, O�ce of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has
issued a Grant Adjustment Notice (GAN) reieasing this special condition.
36, Recipient may not expend or drawdown funds until ihe Bureau ofJustice Assistance, Ofiice ofJustice Programs has
received documentation demonsaating that the state or local goveming body roview and/or eommunity notification
requirements have been met and has issued a Grant Adjustrnent Nolice (GAN) releasing this specia! condition.
37. With respect to this award, federal fiinds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annua! salazy payable to u rnember of the
federal government's Senior �xecutive Service (SES) at an agency with a Certi�ied SES Performance Appraisal Sysiem
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non•Pederal funds.)
This limitation on compensation rates allawable under this award may be waived on an individual basis at ihe
discretion of the OJP official indicated in the program ennouneement under which this award is made.
O)P FORM 4000l2 (R6V, 4•88)
�� �� �" �`
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2012 — Ordinance No. 20465-10-2012
DATE: Tuesday, October 16, 2012 REFERENCE NO.: C-25928
LOG NAME: 35JAG12
SUB.TECT:
Conduct a Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year
2012 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department
of Justice, Office of Justice Programs and Bureau of Justice Assistance in the Amount of $561,566.00,
Authorize Execution of a Grant Agreement with the United States Department of Justice and Related
Memoranda of Understanding with Tarrant County and Cities Located in Tarrant County, Authorize Use of
Anticipated Interest in the Amount of $10,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing;
2. Ratify the application for and authorize acceptance of a grant from the Fiscal Year 2012 Edward Byrne
Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of
Justice Programs and Bureau of Justice Assistance in an amount not to exceed $561,566.00;
3. Authorize the execution of a grant Agreement with the United States Department of Justice and
Memoranda of Understanding with Tarrant County and other cities located within Tarrant County to
designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant
and the manner in which the grant money will be disbursed and utilized;
4. Authorize the use of anticipated interest in the amount of $10,000.00 in accordance with the grant; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of $571,566.00, subject to receipt of the grant.
1 • _�� _ _ �
The Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows
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 the cities of Arlington, Bedford, Haltom City, Hurst and North
Richland Hills are required to negotiate with Tarrant County to develop a program budget and strategy. The
cities included in this Application have worked on collaborative projects for the past 20 years including
intelligence sharing, crime analysis, juvenile and adult drug treatment and the 2005-2011 Justice Assistance
Grant (JAG) Formula and Recovery Act JAG Programs, Following the announcement of the Fiscal Year
2012 JAG, representatives from the below listed agencies agreed that the City of Fort Worth should again
serve as the cognizant agency for the Fiscal Year 2012 JAG Formula Program.
A total in the amount of $561,566,00 is available to be shared among the jurisdictions listed below and will
be distributed in the following manner:
No matching funds are required. The City of Fort Worth was responsible for submitting the full grant
application and will, upon receipt of the grant funds, distribute funding to the other jurisdictions, as agreed
among the above entities.
The City of Fort Worth's funding will provide for an updated digital recording system. This system would
replace the current Communications Division's failing recording system which has been in place since 2003.
The current recording system has experienced several outages due to equipment failure that have caused loss
in both radio and telephone recordings that must be achieved and kept for a minimum of one year to meet the
standards of the records retention schedule and to supply both investigative and open records request
recordings of both radio and telephone transmissions, As the project scope of the radio system does not
include audio recording equipment for 9-1-1 telephone transmissions, the Communications Division is
requesting additional equipment and recording packages necessary to meet both quality measurement and
audio logging requirements. The digital audio recording system would allow for quality assessment, the
coaching package, screen recording and the analytics package.
FISCAL INFORMATION:
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.
FUND CENTERS:
TO Fund/Account/Centers
51 GR76 451891 035423000
51 GR76 441042 035423000
51 GR76 SIVARIOUS� 035423010
51 GR76 539120 035423020
S) GR76 539120 035423030
5) GR76 539120 035423040
51 GR76 539120 035423050
51 GR76 539120 035423060
51 GR76 539120 035423070
$561.566.00
1 000.00
$281.506.00
8� 8, 49.00
$139.406.00
13 81 .00
10 760.00
11
14 461.00
FROM Fund/Account/ enters
� ' • �' • 1 � 1:1
', 1 111 11
�ERTIFICATIONS:
Submitted for Citv Manager's Of�ce by:_
Ori�inating Department Head:
Additional Information Contact:
Charles W. Daniels (6299)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
ATTACHMENTS
1. 35JAG12REVISED A013.doc