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HomeMy WebLinkAboutContract 45710 MY SECRETARY CONTRACT NO. Memorandum of Understanding Between the City of Fort Worth,TX and the City of Haltom City, TX FY 2013 Justice Assistance Grant 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas (hereinafter referred to as "Recipient") and the City of Haltom City, 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 2013 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 2013 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of$9,169.00 shall provide for ballistic shields and associated equipment for the Haltom City 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 2013 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2013 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 2013 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 $9,169.00 from 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 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 A-122 and 1-110. ()FFICIAL RECORD MOU between the City of Fort Worth,TX and the City of Haltom City,TX � � ' ft Y Page 1 of 6 WORTRP I RECEIVED . � �� �,,,�„ JUG 302014 i i j B. Subrecipient: I 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2013 JAG, collaboration to last throughout the life of the grant. j 2) Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2013 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 A to this MOU, entitled "FY 2013 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, 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 15th calendar day of the following month. The monthly performance reports must contain the following information: a) A detailed list of all projects or activities for which FY 2013 JAG were expended or obligated during the previous month,including— (1) The name of project or activity; (2) A description of project or activity; and (3) An evaluation of the completion status of the project or activity. j 4) Submit monthly Request for Reimbursement (RFR) forms 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 15t 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: a. The amount of FY 2013 JAG funds that were expended to projects or activities during the previous month; and b. The amount of FY 2013 JAG funds that were obligated during the previous month. I 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 MOU between the City of Fort Worth,TX and the City of Haltom City,TX Page 2 of 6 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. 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. i 5. POINTS OF CONTACT A. Recipient i The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- I 4243, email address: sasha.kane @fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102,Attention: Sasha Kane. Performance reports should be submitted by the Project Directors of the aforementioned FY 2013 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane @fortworthtexas.gov. B. Subrecipient The primary point of contact for Subrecipient is Kyle Barton, telephone number: (817) 822- 7766, email address: lcbarton @haltomcitytx.com mailing address: 5110 Broadway Ave. Haltom City, Texas, 76117. C. Recipient and Subrecipient iry 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. i i 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 I discussions and negotiations, representations and agreements, whether written or oral as related specifically to the U.S.Department of Justice,FY 2013 JAG. i i MOU between the City of Fort Worth,TX and the City of Haltom City,TX Page 3 of 6 i' 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 ballistic shields 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. 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. j I 9. OTHER 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 Haltom City. C The p rovisions 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 j 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 books, papers, documents, records and personnel that pertain to this contract or any related subcontracts. is 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, 2016). 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: For the City of Haltom City: Sasha Kane Thomas J. Muir, City Manager Senior Contract Compliance Specialist 5024 Broadway Avenue City of Fort Worth Police Department Haltom City,TX 76117 j 350 West Belknap MOU between the City of Fort Worth,TX and the City of Haltom City,TX Page 4 of 6 I Fort Worth, TX 76102 i 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 2013 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. i I I I [The remainder of this page was intentionally left blank.] I i I I I i i I I � MOU between the City of Fort Worth,TX and the City of Haltom City,TX Page 5 of 6 I I ii ACCEPTED AND AGREED: ACCEPTED AND AGREED: � y CITY OF T �.OF FORT WORTH: �M By. f f ik G..,.... By: J• � I tl Thomas J. Muir Charl „W, Daniels City Manager Assistant City Manager F Date: . .. Date: APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: " By: City of Haltom City Jeffrey .Halstead Chief of Police Printed Name: ,, Z;, m .. Date: Signature: Date: �' ? � � APPROVED A TO FORM AND LEGALITY: Jessica San s�' n g g Assistant Cit ttorne Y (y- Date: .. .µ Contract Authorization: M&C: e A ate Approved: 13 i° 7dcop �i � y J. kayser 't;XA5 it Secretary OFFICIAL RECORD it MOU between the City of Fort Worth,TX �, , and the City of Haltom City,TX age 6 of 6 ', 0""K WORTH 77 i i f i I i r Exhibit A FY 2013 JAG Budget Narrative 1 i Haltom City-$9,169 Budget Detail Worksheet Position Description %on Project Total No funding requested in this category Personnel Sub-Total $0 I B..Frin a Benefits Position Description Total No funding requested in this category Fringe Benefits Sub-Total: $0 Purpose of Travel Location Item Computation Cost No funding requested in this category Travel Sub-Total $0 i Item Computation Cost No funding requested in this category Equipment Sub-Total $0 E. Supp lies Unit Price/ Item Com utation/Descri tion Number Total Ballistic Helmet Level IIIA Tactical Helmet $415.00/15 $6,225.00 Lightweight Ballistic Shield 20"X 30"Level IIIA Shield $599.95/2 $1,199.90 Ballistic Shield w Light Kit 24t"X 36"Level IIIA Shield with light $1,849.95/1 $1,849:95 Supplies Sub-Total $9,274.85 F. Consultants/Contractors Description %on Project Total No funding requested in this category Contractor Sub-Total $0 G. Other Costs.. Position Description %onProject Total No funding requested in this category Other Costs Sub-Total $0 City of Fort Worth 14 of 22 I :.Bud et Summa Budget Category Amount A. Personnel $0 B. Fringe $0 C. Travel $0 i D. Equipment $0 E. Supplies $9,274.85 G. Consultants/Contractors $0 H. Other Costs $0 TOTAL PROJECT COSTS $9,274.85 Federal Request: $9,169 Non-Federal Amount: $105.85 I I ' i i ' i I is is i i i f City of Fort Worth 15 of 22 Haltom City-$9,169 Budget Narrative i A. Personnel: No funding requested in this category. i B. Fringe Benefits: No funding requested in this category. j C. Travel: No funding requested in this category. D. Equipment:No funding requested in this category. E. Supplies: $9,274.85 I The City of Haltom City is requesting funds for fifteen ballistic helmets to equip SWAT team members for a total of$6,225.00 in grant funds. Two lightweight ballistic shields are i requested to equip SWAT team members for a total of$1,199.90 in grant funds. One ballistic shield with light system at a cost of$1,849.95 is requested to equip SWAT team members. F. Consultants/Contracts: No funding requested in this category G. Other Costs: No funding requested in this category i I City of Fort Worth 16 of 22 I I I i I Exhibit B Award Document i E� CITY SECRETARY Department of Justice 'r Office of Justice Programs Bureau of Justice Assistance Grant PAGE l of s i I.RECIPIENT NAME AND ADDRESS(including Zip Code) 4.AWARDNUMBER 2013-DJBX-0364 City or Fort Worth —_ 350 W.Belknap Street 5.PROJECT PERIOD:FROM 10/01/2012 TO 09/30/2016 Fort Worth,TX 76102-2004 BUDGET PERIOD:FROM 1010112012 TO 09/3012016 6.AWARD DATE 08123/2013 7.ACTION IA.GRANTEE IRSNENDOR NO. 1 8.SUPPLEMENT NUMBER Initial 756000528 00 I 9,PREVIOUS AWARD AMOUNT 3,PROJECT TITLE 10.AMOUNT OF THIS AWARD $541,082 FY 13 Justice Assistance Grant Collaboration with Fort Worth,Tarrant County,Arlington,Bedford,Haltom City,Hurst,and North Richland Hills 11,TOTAL AWARD S541,082 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET PORTHON THE ATTACHED PAGE(S). '13 STATUTORY AUTHORITY FOR GRANT This project is supported under FYI3(BJA-JAG)42 USC 3750,et seq IS METHODOFPAYMENT GPRS AGENCYAPPROVAL GRANTEE ACCEPTANCE 16,TYPED NAME AND TITLE OF APPROVING OFFICIAL ti 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL f Denise O'Donnell Charles Daniels Director Assistant City Manager 17 SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE � It zi t3 AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. MDJUGT0637 FISCALYFLINDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. Oki X B DJ 80 00 00 $41082 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. 'f OIR OJP FORM 400012(REV.4-88) RECEIVED NOV I2 20i � 'J, S $ i a Department of Justice a Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 2 OF 8 Grant I PROJECTNUMBER 2013-D1-BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition ofthe Office of Justice Programs(OJP)Financial Guide, 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(ifrecipient 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 j 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 ofStates, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,ifoutstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits ofOJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition ofthe OJP Financial Guide, 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support ofthe i enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without t11e 1 j express prior written approval ofOJP, j I I S. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)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 OIG by- i . mail: Office ofthe Inspector General U.S.Department ofJustice Investigations Division 950 Pennsylvania Avenue,N.W, Room 4706 Washington,DC 20530 e-mail:oig.hottine @usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 j' Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval ofOJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf:28 C.F.R.parts 66,70. OJP FORM 4000/2(REV.4-88) I �s j ; its'. Department of Justice v Office of Justice Programs AWARD Bureau of Justice Assistance x CONTINUATIONSHEET PAGE 3 OF 8 Grant PROJECTNUMBER 2013-D1-BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS S. The recipient agrees to comply with applicable requirements regarding registration with the System for Award j Management(SAM)(or with a successor govermnent-wide system officially designated by OMB and OJP), The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/sam,htm(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated [ to any business or non-profit organization that he or she may own or operate in his or her name). i 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. i 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies I banning employees from text messaging while driving any vehicle during the course of performing work funded by this j grant,and to establish workplace 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 limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is available at ww w.ojp.gov/funding/confcost.htm. i11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available ! at http://www.ojp.usdoj.govlfunding/ojptrainingguidingprinciples.11tm. 12, The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or j change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding, s ' I i 13. The recipient understands and agrees that award funds may not be.used to discriminate against or denigrate the ' religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students. I :. 14. Tho recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and(or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award, Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. i , Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant i funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s), j OJP FORM 4000/2(REV.4-88) 'r � iii Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSIIEET PAGE 4 OF s Grant r i PROJECTNUMBER 2013-DJ-BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at littp:llwww.ojp.gov/funding/ffata.hUn(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i,e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). I 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be.accounted for and used for the purposes of funds provided under this award,including such use being consistent with the conditions of the award,the effective edition of the OJP Financial Guide and,as applicable,either(1)28 C.F.R.Part 66 or(2)28 C.F.R Part 70 and 2 C.F.R.Part 215(OMB Circular A-110). Further, I the use of program income must be reported on the quarterly Federal Financial Report,SF 425. 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the 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. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp.gov/gsp grantcondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. I ° I � I lit I is I ON FORM 4000/2(REV.4-88) j , is lr i` Department of Justice Office of Justice Programs AWARD # % Bureau of Justice Assistance CONTINUATIONSHEET PAGES of s Grant I I i PROTECT NUMBER 2013-DJ•BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 20. 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 j grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. I ( � The grantee understands that this special condition applies to its following new activities whether or not they are being I 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 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; o. 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 new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of Mitigation Plan,as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'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 of a national or program environmental assessment of that funded program or activity. 21. The recipient is required to establish a trust fund account.(Tbe trust fund may or may not be an 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 the Edward Byrne Memorial Justice Assistance Grant Program(JAG).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 Justice Assistance no later than 90 days after the end of the grant period,along with the final submission of the Federal Financial Report(SFA25). 22. JAG funds may be used to purchase bulletproof vests for an agency,but may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(B VP)program. I 23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased I with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests.There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. f OJP FORM 4000/2(REV.4-88) l it I Department of Justice Office of Justice Programs AWARD F ' I Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 OF 8 4 Grant i 1 PROJECT NUMBER 2013-DJ-13X-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 24. Ballistic-resistant and stab-resistant body armor 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 and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made,The latest NIJ standard information can be found here:http://www.nij.gov/topics/technology/body-armor/safety- I initiative.htm. i 25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 26. The recipient agrees to ensure that the State Information 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 grant funds.In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement.For a list of State Information`technology Points of Contact,go to http://www,it.o jp,gov/default.aspx?area=pol ioyAndPractice&page=1046. f 27. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice I regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to i fund any inherently religious activities,such as worship,religious instruction,or proselytization.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 beneficiary's religion, Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment. See littp://www,ojp.gov/abouttocr/equal fbo,htm. a � 28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 29. Grantee agrees to comply with the requirements of 28 G.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. i 30. Grantee agrees to comply with ail confidentiality requirements of 42 U.S.G.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information,Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 31. The recipient agrees to monitor subawards under this JAG 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 ofsubrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. OJP FORM 400012(REV.4.88) Ir+ I` I '' Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 7 OF a Grant i PROJECT NUMBER 2013-DJ.BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 32. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities, i 33. Award recipients must submit quarterly a Federal Financial Report(817425)and annual performance reports through GMS(Irttps://grants.ojp.usdoj.gov), Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted j through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. ! 34. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized ! Representative contact information in GMS,including telephone number and e-mail address. Ifany information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 35. The grantee agrees that within 120 days ofaward acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member ofequivalent rank,will complete required online(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.etfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil libertiesfrights,task force performance measurement,personnel selection,and task force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 36. No JAG funds may be expended on unmanned aircraft,unmanned aircraft systems,or aerial vehicles(US,UAS,or UAV)unless the BJA Director certifies that extraordinary and exigent circumstances exist,making them essential to the maintenance of public safety and good order.Additionally,any JAG funding approved for this purpose would be subject to additional reporting,which would be stipulated by BJA post-award. 37. BJA strongly encourages the recipient submit annual(or more frequent)JAG success stories at JAG.Showcase@ojp.usdoj.gov or via the online form at https://www.bja.gov/contactus.aspx.JAG success stories should include the:name and location ofprogram/project;point ofcontact with phone and e-mail;amount ofJAG funding received and in which fiscal year;and a briefsummary describing the program/project and its impact. 38. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. s 39. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OJP FORM 400012(REV.4-88) Department ofJustice Office of Justice Programs AWARD F' Bureau of Justice Assistance CONTINUATIONSHEET PAGE 8 OF a . ' Grant PROJECTNUMBER 2013-DJ-BX-0364 AWARD DATE 08/23/2013 SPECIAL CONDITIONS 40. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the recipient jurisdiction's public comment requirements have been met and a Grant Adjustment Notice(OAN)has been approved releasing this special condition. 41. With respect to this award,federal funds 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 annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. i 1 i 1 i i i OJP FORM 4000/2(REV.4-88) APPROVAL RECOMMENDED: By: w• Jeffrey Halstead Chief of Police Date: to-30'13 APPROVED AS TO FORM AND LEGALITY: By; Jessica Sad svan. Assistant City Attorney ATTES f f 01? By. 7� Mary J.Kayse V City Secretary , Contract Authorization: M&C: , Date Approved: ts1T�5 4 t� FY 2013 JAG Award Document Page 9 of 9 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/15/2013 —Ordinance No.21004-2013 DATE: Tuesday, October 15,2013 REFERENCE NO.: C-26511 LOG NAME: 35JAG13 SUBJECT: Conduct a Public Hearing,Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year 2013 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 Not to Exceed $541,082.00,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 2013 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 not to exceed$541,082.00; 3. Authorize the execution of a grant Agreement with the United States Department of Justice and related 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$551,082.00, subject to receipt of the grant. DISCUSSION: The Fiscal Year 2013 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 2005-2012 Justice Assistance Grant(JAG)Formula and Recovery Act JAG Programs.Following the announcement of the Fiscal Year 2013 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 2013 JAG Formula Program. A total in the amount of$541,082.00 is available to be shared among the jurisdictions listed below and will be distributed in the following manner: URISDICTIONS URPOSE AREA AMOUNT City of Fort Worth Police Equipment $278,925.00 arrant Count Adult Drug Court and Mental Health Liaison $ 86,574.00 lin ton Police Equipment $130,379.00 Bedford Police Equipment $ 12,125.00 Haltom City Police Equip ment $ 9,169.00 Hurst Police Equipment $ 11,381.00 North Richland Hills Police Equipment $ 12,529.00 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 is requesting to use the amount of$278,925.00 in JAG funding for general law enforcement equipment and surveillance equipment. The Fort Worth Police Department will utilize the amount of $25,586.00 in JAG funds for night vision scopes for officers within the Criminal Tracking Unit. The night vision scopes will assist in the apprehension of the criminal element during nighttime hours. The use of the equipment allows officers to conduct surveillance of the individual in extreme low light environments.Additionally, the Fort Worth Police Department has a critical need to replace aging electronic control devices. Currently, the Department has 624 electronic control devices that need to be replaced over the next three years. JAG funds in the amount of $253,339.00 will allow the Department to replace 168 devices. 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 FROM Fund/Account/Centers 5) GR76 451891 035423675000 $541.082.00 45) GR76 441042 035423675000 $10.000.00 5) GR76 5(VARIOUS) 035423675010 $278.925.00 5) GR76 539120 035423675020 $86.574.00 5) GR76 539120 035423675030 $130.379.00 5) GR76 539120 035423675040 $12.125.00 5) GR76 539120 035423675050 $9,169.00 5) GR76 539120 035423675060 $11.381.00 5) GR76 539120 035423675070 $12.529.00 45) GR76 5(VARIOUS) 035423675080 $10,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles W.Daniels (6299) Originating Department Head: Jeffrey W.Halstead (42 10) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 1. 35JAG13 A014.doc