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HomeMy WebLinkAboutContract 46812 +� CITY SECR9TARV co CONTRACT NO. Memorandum of Understanding B n the City of Fort Worth,TX and the City of North Richland Hills,TX FY 2014 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 North Richland Hills, 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 2014 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 2014 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of$12,021.00 shaft provide for partial salary and fringe benefits for a crime victim liaison for the North Richland Hills 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 2014 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant, 2) After the FY 2014 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 Unit(PSD- GU)will oversee the administration,procurement,and reporting of the Subrecipients' grant-funded activities. PSD-GU shall review and approve andlor request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. 4) The Recipient shall reimburse the Subrecipient an amount not to exceed of $12,021.00 from available grant funds for approved services and expenses rendered in accordance with the terms of this MOU upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this MOU, Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget 2 CFR Chapter I,Chapter II,Part 200. MOU between the City of Fort Worth,TX and the City of North Richland Hills,TX Pagel of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1` B. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2014 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 2014 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 2014 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 15'fi 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 2014 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. 4) Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to Traci Tomilli, PSD-GCS Fort Worth Police Department, 505 West Felix Street,Fort Worth, TX 76115 no later than the 15'h 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: p a. The amount of FY 2014 JAG funds that were expended to projects or [ activities during the previous month; and b. The amount of FY 2014 JAG funds that were obligated during the previous month. 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 North Richland Hills,TX Page 2 of 1 z 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. 5. POINTS OF CONTACT A.Recipient The primary point of contact for Recipient is Traci Tomilli, telephone number. (817) 392- 4236, email address: traci.tomilli@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115,Attention: Traci Tomilli or by email to traci.tomiw@fortworthtexas.gov. Performance reports should be submitted by the Project Directors of the aforementioned FY 2014 Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention. Traci Tomilli or by email to traci.tomilli@fortworthtexas.gov. B. Subrecipient The primary point of contact for Subrecipient is Jeff Williams,telephone number: (817)427- 7003 email address: jwilliams@nrhtx.com, mailing address: 7301 NE Loop 820, North Richland Hills,Texas, 76180. 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 UNDERSTANDING. This MOU, including Exhibits A and B attached hereto and any documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or MOU between the City of Fort Worth,TX and the City of North Richland Hills,TX Page 3 of 6 t 4 contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 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. S. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for mobile video recording packages 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. 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 North Richland Hills. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. 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, 2017). 11. FUNDING. In the event no funds are awarded, Recipient will immediately notify Subrecipient of such occurrence and this MOU shall be terminated. MOU between the City of Fort Worth,TX and the City of North Richland Hills,TX Page 4 of 6 12.MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing,dated subsequent to the date hereof,and duly executed by the parties hereto. 13. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when(1)hand-delivered to the other party, or(2)received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For the City of North Richland Hills: Traci Tomilli Mark Hindman, City Manager Grants Specialist 7301 NE Loop 820 City of Fort Worth Police Department North Richland Hills,TX 76180 505 West Felix Street Fort Worth,TX 76115 14.TERMINATION. This MOU will remain in erect until the later of(1)the expiration of the grant period or (2) the submission of the final report regarding the FY 2014 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. 15.SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party,and that such binding authority has been granted by proper order,resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] 1 MOU between the City of Fort Worth,TX and the City of North Richland Hills,TX Page 5 of 6 r ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: CITY OF FORT WORTH: By: 4 By: 1;1J-- Mark Hindman Rudolph Jacks City Manager Interim Assistant City Manager Date: S- `5'k!!)_ Date ez7 — i�I — i 5 APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: By: City of North Richland Hills Rhonda . Robertson Chief of Police Printed Name: S Date: _ e Signature: VA, APPROVED AS TO FORM AND Date; ��{ �'(� LEGAL Y: \\%X01 By: By: /�Tr = ���`��• .......... • • Victoria D. Honey NZO:' Assistant Ci y Attorney amu'•• • JI .�' t A- p -O'• �,, ;,,�� Date: Alicia Richardson,Cityllnj ,1„«,,,,a'� �, Contract Authorization: M&C: Date Approved: 'I F F°RA ATTEST: �� °° °`s°a o By: Jwsnl'� $ s0 b Mary J. Kayser o ° City Secretary Xiq S MOU between the City of Fort Worth,TX and the City of North Richland Hills,TX Page 6 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX i Exhibit A Budget Narrative I North Richland Hills-$12,021.00 Budget Detail Worksheet A. Personnel Position Computation/Description %on Project Total Crime Victim Liaison Salary $23,878 57% $13,611.00 ` i Crime Victim Liaison Salary $23,878 57% $13,611.00 Sub-Total $27,221.00 . . . . . .. .... B. Fringe Benefits Position Computation/Description Total Crime Victim Liaison FICA—$3,387 57% $1,931.00 Crime Victim Liaison Insurance—$90 ,57% $51.00 Crime Victim Liaison TMRS -$7,48557% $4,266.00 Crime Victim Liaison Health Insurance-$5,918 57% $3,373.00 Crime Victim Liaison Workers Comp.—$1,620 @ 57% $923.00 Sub-Total $10,545.00 C Travel . .:: .. 1 Purpose of Travel Location Item Computation Cost No funding requested in this category Travel Sub-Total $0.()0 t nuent Item Computation Cost No funding requested in this category Equipment Sub-Total $0 1 E. Su lies . - . :. . . .. t Unit Price/ Item Com utation/Descri tion Number Total No funding requested in this category l Supplies Sub-Total $0.00 F.':Cousultants7Contracts _ Description %on Project Total No funding requested in this category Sub-Total $0.00 - 7 G, Qther Costs _ Position Description % on 1'ro'ect Total No funding requested in this category Other Costs Sub-Total $0.00 City of Fort Worth 16 of 18 1 Bud et Summa Budget Category Total A. Personnel $27,221.00 B. Fringe $10,545.00 C. Travel $0 D. E ui ment $0 E. Supplies $0 F. Consultants/Contractor Services $0 G. Other Costs $0 TOTAL PROJECT COSTS $37,766.000 Federal Request: $12,021.00 Non-Federal Amount: $25,745.00 a t g F I% r City of Fort Worth 17 of 18 North Richland Hills-$12,021.00 Budget Narrative f A. Personnel: $27,221.00 It is anticipated that approximately 50%of the program costs wil I be covered by a grant from the Office of the Governor(CJD) General Victim Assistance Grant, leaving the remaining l portion to the partner cities. Of this remaining portion, the projected personnel costs for North Richland Hills (FYI4-15) will total $45,913. This formulary JAG grant will help fund $12,021 F r of this balance,thus offsetting the City's remaining financial obligation. North Richland Hills will match the remaining personnel costs of$33,892 through expenditure of department CVL 1 dedicated budget of$16,080 and $17,812 in seized funds, B. Fringe Benefits: $10,545.00 • The benefits breakdown of the salary ($13,61]) is again factored at 57% of NRH obligation, i n C. Travel: No funds are requested in this category. D. Equipment: No funds are requested in this category. E. Supplies: No funds are requested in this category. F. Consultants and Contractors: No funds are requested in this category. G. Other Costs: No funds are requested in this category. City of Fort Worth 18 of 18 i Exhibit B Award Document I I i CBS°SEC C;r,l i CoWl RACE'NO, J Department of lustice, Office oflustice Programs PAGE I OF 8 Bw'eau of Justice Assistance GrRnt I.RECIPIENT NAML•AND ADD RESS(Includng Zip Cede) 4,AWARDNU,\fRUR: 2014-D1-13X-0297 City of Fart Wash 350W.&4rop Strut S.PROJECT PER10D:FROM 10.101/1013 TO 091]0(2017 Fort W—h,TX 7610}2004 BUDGET PERIOD:FROM 1010112013 TO 09/10/2017 6.AWARD DATE 08106/X174 7.ACTION IA,ORA N YEE MSlVENDOR NO, R,STIPPLENIENT NUMVER Initinl 756000528 00 1 9,PREVIOUS AWARD ALfOUNT S D 1.PROJECT TITLF 10.AMOUNT OF Tills AWARD S568,348 FY 14 JAG Program (I.TOTAL ASYARD S 563,848 12.SPECIAL CONDITIONS r TIIE ABOVE GRANT PROJECT iS APPROVED 3UBIECFTO SUCII CONDITIONS OR LIMITATIONS AS ARE SCI'FORIWON THS ATTACHED PAGE(S} 13.STATITTORY AUTHORITY FOR GRANT' This project is supported urnderFY H(B7A-JAG)42 USC 1750,cruq, 15.METITOD OF PAYMBNT _ GPRS t AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPEDNAd6EAD1DTFTLHOFAPPROVINGOFFILTAL 18.TYPED NAME AND TfTLE OP AUTHORIZED ORANT'EE OFFICIAL Denise O'floendl Chorlu R',Bnnids Director Auisiant City Manager _ 17.STO NAT-URE OF APPROVING OFFICIAL 19.SIONATUREOF AUTHORIZED RECIPIENT OFFICIfyL 19A.UAT9 AGENCY USRDNUV i 20.ACCOI111TR40 CL.ASSIMCATION CODES 21- NDIUGT0158 -- FISCALYFUNDC BL/D.A OVC. DTV.RE SUB. POMS AMOUNT " BAR ODE CT. O. X H D1 8U 00 00 568848 OIP PORN[400012(RF.V.5-87)PREVIOUS EOnTONS A RIi OHSOLETF. 0111 FORM 400012(REV.4-88) RECEIVED SEP 10 2014 (DECEIVED SEP 16 2014 j ! Deparlmatt oflustice Office of.fusfice Programs AWARD Bin-eau ofdustieeAssistance CONTMA.TIONSELIET PAGP 2 or a '���� GJ•an t PROJECTNW813R 2014-AJ-HX-@97 AWARD DAT@ 0810612014 f SPGCM h CONDT170 B } i I. The rccipicnt agrees Io comply with the financial end administrative requiremcols set forth in the curtest edition of the Office oflustice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),Ont 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 i recipient is in compliance. 1 3, 71tc recipient.agrees to comply with the organiza(ionai audit requirements of OMB Circular A-133,Audits of States, Local Governmcnls,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or s other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and _t any other audits of OJP grant funds)are not safisfictarily and promplly addressed,as 6irlher described in the current edition of tho OfP Fiaencial Guide. 1 4. Recipient nnderslands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the a enactment,repeal,nwdificadon oredop6on ofany law,regulation or policy, at any level ofgovernment,without the express prior written approval ofOJP. I 5. The recipient must promptly refer to the 001010 any credible evidence that it priucipal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false clallm for grana funds under the False Claims Act',ort)committed a criminal or civil violation of latus pertaining to fraud,couFllcl of interest,bribery,gratuity,or similar rnisconduct involving grallt Ponds. This condition also applies to anysubrecipients.Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- 1 mail: Office ofthe inspector General U.S.De pndment offustice j ilhvesligations Division 950 Pennsylvania Avenue,N.W. l Room 4706 Washington,DC 20530 i f I e-mail:oig.hotlinc@usdoj.gov I hotline:(conlact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 I Additional information is available from the DOJ OfG website at tvww.usdoj.govloig. 6. Recipient understands and agrees that it cannot use rmy federal Funds,eitherdirect(y or indirectly,in support of any contract orsubaward to eiHher the Associntion ofComnnunily Organizations for Reform Now(ACOT"or its subsidiaries,wilhoul the express prior written approval oFOJP. 7. The recipien(agrees to comply with any additional requirements that may be imposed during the gran(performance period if thea enc determines flint the recipient is high-riskrantee.Cf.28 C,F.R. arts 66,70. ' I agency P� k P 1 s� It & OIP FORM 4000/2(REV,4-88) DeparlmentofJuslice Office ofJustice Programs AWARD r Bureau of Justice Assistance CONTINUATIONSBEE,T PAGE a Or s GXrant PROJECT NUMBER 20 14-DI-BX-0297 AWARD DATE 08/062014 i SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions an ser bawards to first-tier subreeiptants that do note%nire endprovide a Data Universal Numbering System(DUNS)number.The details of recipieol obligations are posted on the Office oflusl'ice Programs web site bt hitp://wmv-ojp.gavlfunding/snm.htm(Award condition:Registration with the System for Award Mauagcmcnl 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 I. to any business or Poe-profit organization that he or sho may own Oropmate in his or Iver name). 9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Taxt Messaging WhileDriving,°74 Fed.Reg. 5127.5(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course ofperforming work funded by this , great,and to establish workplace safety policies and conduct eduoalion,awareness,and otheroutreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws,regulntions,policies,and guidpace(including specific cost limits,prior approval and reporting rec)uiremems,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trannrgs,and otherevents,including the provision offcod and/or beverages st such events,and costs of atlendance at such events. information on pertinent laws,regaletioos,policies,and guidance is available in the OR Financial Guide Conference Cost Chapter. 11, Therecipient understands and agrees thatany training or training materials developed ardelivered with funding provided under(his award must adh.cro to the OR Training Guiding Principles fur Grantees and Subgrantees,available at http:/hnnv.ojp.usdoj.gov/funding/cjptrdininggtrid"rngprinoioles.htm. i 12. Therecipieul agrees that ifiteurrently has an open award of federal funds or if itreceives an award offedeml funds other than this OR award,and those award Ponds have been,are being,or are to be used,in whole or in part,(Prone or more of the identical cost items For which Funds are being provided under flus O)P award,the recipient will promptly notify,in wddng,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds nray not be used to discriminnte ngninstor 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 ofsuch studen Is. 14. The recipient understands and agrees that-(a)No award funds may be used to maintain or eslablisb a computer network unless such network blocks the viewing,downloading and exchanging ofponiogiaphy,and(b)Nolhhtg in subsection(a)limits the use of fiords necessary for amI Federal,Stale,tribal,or local law entbroemenL'agency or any iJ other entity carrying out crhninal investigations,prosecution,or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guiddiucs,protocols,and procedures,and to ceoperdte with BJA and OCFO on all grant mooitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,andlorsife visits. The recipient agrees to provide to 81A and OCFO all documentation necessary to complete monilbring tasks,including docuurenlalion related to any subawarde made under this award. fnr(her,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents, Faiture to cooperate with BJA's/OCFO's grant monitoring Rclivities may result in sanctions affeelfog the recipient's DOJ awards,including,bol not limited to:withholdings and/or olherreslrictionson the recipient's access to giant funds;referral to the Office of flit Tuspeclor Gencral for audit review;designation of the recipient ns a DOJ High Risk grantee;or larininalion of nn award(s). OlP FORM 4000a(REV.4-88) 4 � ;( I i Department ofJuslice Office of lustfcc Programs AWARD Bureau of Justice.Assists nee CONTMATTONSHEET PAGE 4 OF a Grnnt PROIFCT NUMBrR 2014-OJ-BX-0297 AWARD DATE UNM62014 SPGCrdL CONDI' om 16. The recipient agrees to comply wilh applicable requirements to report first-tier subawards ofS25,000 or more arid,iu t cerlain circumstances,to report the names and lots[compensation of the five most highly compensated executives of rho recipient and first tier subrecipients of award Rinds. Such data will be submitted to the FT-ATA Subawerd Reporting System(FSRS). The details of recipient nhligalions,Milch derive front the Pederal funding Accountability t and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http:/byMiv.ojp.gev/runditig/ffata.litm(Award condition:Reporting Subawards and Execrrtive Compensation),and are incorporated by reference here. This Condition,and its reporliug requirement,does not apply to grant awards made to an individual who Faccived the award as a natural person(i.e.,unrelated to any business or non-profit organization that he orshe may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shalt be deemed program income. All program income earned must be accounted for and used for the purposes ofrunds provided under this award,including such use being consistent with the conditions of the award,the effective edition ofthe OJP Financial Guide and.as applicable,tither(1)211 C.F.R.Part 66 or(2)28 C.F.R.Part 70 end 2 C.F.R Pari 215(OlvrB Circular A-110). Further, i the use of program income must be reported on the quarterly Federal Financial Report,S 425. 18. To avoid duplicating existing neRvorks 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 ilia extent possible,existing networks as ilia communication backbone to achicvc interstate connectivity,unless the grantee can demonstrate to the satisfaction of HJA that this requirement would not be cost effective or would impnir the functionality of-an existing or proposed IT system. 19. In oder to promote information sharing and enable interoperability among disparate systems across the justice and pubirc safely community,OJP requires 1(ne grantee to comply with DOJ's Global Judice Isformetion Sharing Initiative (D(31D's Global)guideliaw and recommendations for this particular grant.Grantee shall conform to(be Global n Standards Package(GSP)and all conslitucnt elements,where applicable,as described at: bttp.lnvrvw.it.ojp.gov/gsp_grant orulition,Granleashall documentplanned approaches to information sharing and describe compliance to the GSP and appropriate privncy policy drat protects shared information,or provide detailed justification for why an alternative approach is recommended. 20. The recipient is required to establish a trust fund account.(The trust fund mayor.may not be an interest-bcarimg account.)The fund,includina any interest,rmay not be used to pay debts or expenses Incurred by other activities beyond the scope of the Edward Syme:Mennrial Justice Assistance Grant Program(JAG).The recipient also ugrees to obligate the grant funds in the trust fund(including any faterest earned)during the period of the grant and expend within 90 days thereafter.Any unobligaled or unexpended funds,including interest earned,roust be returned to the Office or Justice Programs at the lime of-closeout. O1P FORM 400012(RGI+.4.38) DI cpartrnont ofJustice Gffice of justice Programs AWARD t t� Bureau of Justice Assistance COlINTINUATTONSRI;BT PAGE s Or e Cravt PROJECT NUMBER 4014-M-aX-0271 AWARD DATA 08106201! SPECIA6 CONDITIONS, 21. The grantee agrees to assist BlAin complying wide fheNatioual EnAronetcntal Policy Act(NEPA),the National Historic Preservation Owl,and other related federal environmental impact analyses requirements in(house of these grant funds,either dircclIy by Ilia grantee or by a subgranfec.Accordingly,the grantee agrees to first de(ermine ifany 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 Ilre following activities wilt be funded by(he grant,the grantee agrees to contact BIA. e The grantee understands Cher this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. The is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activily needs to be undertaken in order to tue these grant funds,Ibis special condition must first be mat. The activities covered by this special condition are; e. New construction; b- Minorrenovwlion or remodeling ofa property located in an environmentally or historic2 Ily sensitive area,including properties located within it 100-year flood plain,a wetinnd,or habitaL for cndangarod species,or a property listed on or eligfble for listing on fire National Register of Historic Places; c. A renovation,least'atanyproposed use of a building or facility that lvill either(a)result is a change in its basic prior use or(b)significautly change its size; d. implementation ofa new program involving the use ofchemicals other than chemicals that are(a)purchased as an incidental component ofa funded activity and(h)Iraditional(y used,for example,in office,household,recreational,or education environments;and e. implementationofaprogram relating to clandestine methamphelamine laboratory operations,Including(fie idenfificatiau,seizure,arclasure ofclaodestine methamphetamine laboratories. The grantee understunds and agrees that complying with NEPA rosy require the preparation of an Environmental Assessment and/or an Environmental impact Statement,as directed by BJA. Thegmnlee further understands and agrees to the requirements for implementation ofa Mitigation Plan,as detailed at http://wmv.ojp.usdaj.go%ItBJA/resource/nepa.hlml,for programs relating to methamphetamine laboratory operations. Application of'rhis Special Condition to Grantee's Existing Programs or Activities:Far any of(he gmntee's or its subgrantecs'existingprograms or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in airy preparation by MA ofa national or program env ironrnental essessmont of that fbnded program or activity- 22. JAG(bads may be used to purchase vests for au agency,but they may tint housed as the 50%match for purposes of flit BullelpronfVas(Partnership(BVP)program. E 23. The recipient agrees to submit a signed certification 113al(fiat all law onfnrcemenl agencies receiving vests purchased with JAG funds have a written"mandalorywear"policy in effect.Fiscal agents end slate agencies must keep signed certifications on File far any subrecipieots pfanuing to utilize JAG funds for ballfslic-re;stent and slab-resistant body amtor purchases.This policy must be in place to,at least all uniformed officers beforo any JAG funding can be used by I he agency for hotly atmor.'rhere are no requirements regarding the unuJre of the policy other thno it being a mandatory wear policy for all uniformed ofliccrs while on duly. 24. Ballistic-resistnnt and slab-resistant body armor purchased with JAG hinds may be purchased at any threat level,make or model,from any distrhbulor or manufacturer,as long as the vests have been tested and found to cmnply with applicable National Institute ofJustice ballistic or stab standards arid are listed on Ilia MJ Compliant Body Armor Model List(hi(p:I/nij.gov).In addition,ballistic-rosiswit rind stab-resisfant body armor purchased mus(be American- Made.The latest NIJ standard information can be found here:http:/IvAv%v.nij.gov/topics/technology/body-armorisafety- ini(iative.hfnt. OJP FORbI 4900f2(R6V.4-63) �f r i Department of7ustice Office of Justice ProgramsWARD 037BureauFcomfw of JusticeA.ssfstttncAXIOINSBTL�T PAGE 6 OF a Ci•nnt PROYMTNUMBUR 2014-DI-RX-0277 AWARD DA7m (18110 64 2 01 4 SPECIAL CONDITIONS 25. The recipient agrees that any Wormalion technology system Funded orsupported by OJP funds will comply with 28 C.E.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP datermlmes this regulation to be applicable. Should OJP determine 28 C.P.R.Port 23 to be appliazble,OJP may,at its discretion,perform audits of the system,as per the regulation" Should Any violation of 2a C.D,R..Part 23 ocmtr,the recipient may be tined as per d?.U.S.C. 3789g(e)-(d). Recipient may uatsatisfy such a fine with federal fiends. 26. The recipient agrees to ensure that the Slate Infortnation'rechnology Point of Contact recciva9 writtan notification regarding any information technology project Funded by this grant during the obligation and expenditure period.This is to facililate communication among local and state govenlmental entities regarding various information technology projects being conducted with these grant funds.fn addition,the recipient agrees to rnafrlain an adrniuistralive file documenting the meeting of this requirement.Fora list oFSlato Tufarmation Technology Points afContacl,go to 11 Up:/Iwlvw.if,o jp.gov/defau(Laspx?area=pol icyAndP(actice&page=1046. 27, The grantee agrees to comply with the applicable requirements of28 C.P.R.Part 38,the Dcparlmcnl of Justice regulation governing"Equal TrealmenI for Faith Based Organizations'(the"Egral Treatment Regulation"),The Equal Treatment Regulation provides in part that Department afJus(ice grant awards of direct funding may not he used to fund any inherently religious activities,such as worship,religlous instruction,or proselytization,Recipients ordireet grants may still engage in inherently religious activities,but such activities must be separato in lime or place from the Department oflustice funded program,sad participation in such aclivliles by individuals receiving services from the grantee or a'sub-grantee,must be voluntary.Th a Equal Treatment Regulation also makes clear that organizafions participating in programs directly funded by the Department ofAntice are not perrnfticd to discriminate in the provision ofservices on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as n basis for employment. See liitp:/AywNv.ojp.,-ov/abouUacrlequal—ft.htm. 28. The recipient acknowledges Chat all progrants funded Ilrrough subawards,whether At the state or local levels,must conform to the grant program requirements as stated in B1A program guidauoe. 29" Grantee agrees to comply with the requirements of28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protecting ofhuman research subjects,including obtainment of Institutional RaYiow Board approval,ifoppropria(t,and subject informed consent. 30. Grantee Agrees to comply with all confidentiality requirements of42 U.S.C.section 37898 and 28 C.F,12.Part 22 that are applicable to collection,use,and revelation ufdata or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Cet-Ulicnle that is In ac cord with rcgWrenronls of28 C.F.R.Part 22 and,in porticrdar, section 22,23. 31, The recipient ngrae:r to monitorsubawnrds under this JAG award in accordance wiih all applicable statutes,regulations, OMB circufars,and guidelines,including(he OJP Financial Guide,and to include the applicable conditions aFlhis award in any subawatd,The recipient is responsible for oversighl ofsubrecipieol spending and monitoring afspecific outcomes and benefits Attributable to use of JAG funds by subrecipieuls.The recipiont agrees to submit,upon request, documentation of its policies and procedures for monitoring ofsubawards under this award. 32. The recipient agrees that funds received under this award will not be used to supplontState or local funds,bill will be used to increase the arnuunfa afsuch funds that would,in the absence ofPederal funds,he made available far law enforcement activities. OR(ORM 9000,2(aEV.4.88) Es 9 ?E fl i DeporonontofJustice Office of Justice Programs AWARD ', Bureau oPJustice Assistance COINTIDiIVATIONSF ,T rncr: 7 Or s .i�. }; CCarlt PROJ[CTNUWRPR 201d-In-OX-0291 AWARD DATE 00612011 SPEC/AL CONDITIONS 33. Award recipients must submit quarterly a Federal Financia[Report(SI-425)and annual performance reports through GMS(h(Ips://grnuts.ojp.usdcj.gov), Consistenl with IheDepartment'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 oFtheir work. Therefore,quarterly performance metrics reports must he submilted through BJA'sPeltormance,Measurement Tool(PNCE)wahsita(Www,bjaperfanziancetools.org). Formore detailed information on reporting and other JAG requirements,refer fo IhcJAG reporting requirements webpago. Failure to submitrequired JAG reports by established deadlines may result in the freezing of grant funds and firtme Kigh Risk designation. 34. Award recipients must verify Point of Coalact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact infotmnho t iu GMS,including telephone number and a-mail address. If any iutDrmation is ittcorreci or has ahnnged,a Grant Adjustment Notice(CAM must be submitted via the Grants Menagcnicnt System (GMS)to document changes. 35. The grantee agrees that within L20 days of award acceptance,each current mernher of a law enforcement task force funded with these fonds who is a task force commander,agency executive,task force officer,orother task force member of equivalent rank,will complete required online(interact-based)task farce training.Additionally,all future task Force members are required to complete this training once during the life ofthis award,or once every four years if multiple awards irrelude this requirement.The training is provided free of cltarge.online through CIA's Center farTask Force Integrity and Lendership(www,ctfli.org).This(mining addresses task force cffec([veness as well as other key issues including privacy and civil libertie*ights,task force performance measurement,persopnef 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 infomtalion is available regarding this required training and access methods via BJA's web site and the Center forTask-Force integrity and Leadership()vww.clfli.org). 36, No JAG funds may be expended on We purchase of unmanned aircraft,unmanned aircraft systems or unmanned aerial vehicles(UA[UAS/UAV),unless the BJA Director ecri fees that extraordinary and exigent circumstances exist,making them essential to the maintenance of public safety and good order,Any state or local jurisdiction receiving 13JA approval to utilize JAG funds for this type of purchase must certify to DOJ thatil received Federal Aviation Adminislralion(FAA)approval to operate a UA/UAS/UAV and that it Is legal to operate a UA/UAS/iIAV in the pioposedjurisdictlon or geographic area,The recipient must submit a statement on Ilia goals and objeolivas for lite use of a UAJUAS/UAV,die anfiaipated specific uses,nud policy regarding privacy consideration&EIJA may require additional roporiing requirements that will be stipulated post award. 37. BJA strongly,encourages the recipient to submit annual(or more frequent)JAG success stories.To subunit a success story,sign in to yourMy BJA account n(hays:/hwwv.bja.gov/Lag aaspx(a access the Success Story Submission form. 'if you do not yet have a My BJA account,please register at pups://wwvv.bja.,-ov/profile.aspx.Once you register,one of the available areas on your IDfy BJA page will be"My Success Stories".Within this box,you will see an option to add e Success Slory.Once reviewed and approved by BJA,alI success stories witI nppoar on the nc%vDIA Success SLary web page at hilps:/bylrn.bja.gav/Succm3toryLisl.aspx. 38. Recipient may not expend or drawdown funds until Ilia Bureau oflustice Assistance(BJA)has u arrived documentation demonstrating(fiat the stale or local governing body review and public comment requirements hnvu been mel and a Grant Adjustment Notice(GAM has been approved releasing Phis special condition. 39. The recipient may not expend or draw-down funds until the required body armor ratification related to mandatory % vices beensubnritled and approved by the Bureau of Jus Lice Assislanc,(BJA)and a Grant Adjustment Notice (GAN)ties been approved relenstng this special condition. OSP FORkr 4000/2 LRLV.489) qua- ) t i Depa i been i o f Justice Office ofJnsticePrograms AWARD Bureau of Justice Assistance CON`1MUNNONSHEET P780T, s Grant t i PBOJECTIMUB 7t 2014-or-BX-0297 MARo oATE OVM2014 SP&CML CONDITIONS 40. Recipient may not expend or drawdown funds until the Bureau ofJuslice Assistance,Office of Justice Programs tins received and npproved the signed Memorandum ofUndcrsianding(MOU)between the disparnie jurisdiclious and hes issued a Grant Adjustment Notice(GAM releasing this special condition. 41. The recipient may not obligate,expend,or draw down any award Funds until;(1)it has provided to the grant manager For this OJP award eithera n"applicant disclosure of pending epplicaticas"for federal funding ora speci rite affirmativa statement that no such pending applications(whether direct or indirect)exiot,to accordance with the detailed instructions in the program solicitation,(2)OJP has coatpteted its review of the information provided nud of any E supplemental information it may request,(3)The recipient has made any adjustments to the award that ON mny require to prevent or eliminate any inappropriate duplication offtmding(e-g.,budget modification,project scope adjustment), (4)if appropriate adjustments to a discretionary award cannot be made,the recipient hes ngrced in writing to any accessary reduction of the award amount in any amount sufficient to prevent duplicative(aa determined by O]P),and (5).a Grant Adjustment Notice tins bean issued removing this special condition. 42. With respect to tits award,rederat fiords may not be used to pay cash compeasutian(salary pias bomrses)to any employee of the award recipient at a rate that cxoacds I lo%orthe maximum annual salary payable to a member of the federal govenrinicnl's Senior GXcautive Service(SLS)ntan agency with a Certified SFS Performance Appraisal System for thatyear, (Ari award recipient may compensate an employee at a higher rote,provided the amount in excess of(his compensation limitation is paid with non-federal(inds) This Ilmitation on compensation rates alkAvable wider this award may bo waived on an individual basis at the discretion of the OR official indicated in the program announcement under whielt this award is made. a i tri OJV FORM i002((v IAV.4-E3) �} ) a a APPROVAL RECOMM ',NDEI): By: cv, 74":;�� I- Jeffrey Hals ead Chief of Police Date: APPROVED AS TO FORM ANAGALI c B Kelly adrid Assistant City Attorney °�oppppOu b� ATTEST: !� —A o By: p Maz . Ka se ` _ /J City Secretar} °pp°o0°Opp°° t AS � 5 Contract Authorization, M&C: C-26971 Date Approved: 9/9/14 1 2 FY 2014 Justice Assistance Grant Page 9 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/9/2014 —Ordinance No. 21455-09-2014 DATE: Tuesday, September 09,2014 REFERENCE NO.: C-26971 LOG NAME: 35JAG14 SUBSECT: Conduct a Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year 2014 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$568,848.00, Authorize Execution of a Grant Agreement with the United States Department of Justice and Related Memoranda of Understanding with Tarrant County and the Cities of Arlington, Hurst and North Richland Hills, Authorize Use of Anticipated Interest in the Amount Up to$2,000.00 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 2014 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 $568,848.00; 3. Authorize the execution of a Grant Agreement with the United States Department of Justice and related Memoranda of Understanding with Tarrant County and the cities of Arlington, Hurst and North Richland Hills to designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and determining the manner in which the grant money will be disbursed and utilized; 4. Authorize the use of anticipated interest up to the amount of$2,000.00, 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$570,848.00, subject to receipt of the grant. DISCUSSION: The City of Fort Worth was awarded a grant from the Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program for Fiscal Year 2014, which has been established by the United States Department of Justice to allow local governments to support a broad range of activities aimed at preventing crime and improving the criminal justice system.The City of Fort Worth applied for the grant in conjunction with the cities of A Arlington,Hurst and North Richland Hills and with Tarrant County and, pursuant to the application terms, was required to negotiate with the other jurisdictions to develop a program budget and strategy. Upon closure of the negotiations,the jurisdictions agreed to funding distribution amounts and that the City of Fort Worth should serve as the cognizant fiscal agency for the Fiscal Year 2014 JAG Formula Program. The cities and county included in the application have worked collaboratively under JAG programs since 2005. A total in the amount of$568,848.00 is available to be shared among the jurisdictions listed below and will be distributed in the following manner: 1URISDICTIOLS PURPOSEABLAAMOUNT City of Fort Worth Police Equipment $277,375.00 Tarrant County Adult Drug Court and Mental Health Liaison $149,744.00 Arlington Police Equipment $118,101.00 urst olice Equipment $11,607.00 orth Richland Hills olice Equipment $12,021.00 No matching funds are required.The City of Fort Worth is responsible for submitting the full grant application and will, upon receipt of the grant funds, distribute the agreed upon funding amounts to the other jurisdictions. In the JAG Formula Program application,the City of Fort Worth indicated it would use the amount of$277,375.00 in JAG Formula Program funding for general law enforcement equipment and tactical body armor. The equipment would consist of a Virtual Desktop Infrastructure(VDI) for $210,000.00 to be utilized in the Public Safety Training Center.This facility has two computer labs, one which is dedicated to recruit training (State of Texas required T.C.O.L.E. testing) and the other which is used for in—service and other computer—based training. A VDI allows for ease of software and hardware management and support, lowers total cost of ownership,requires a lower energy usage than non—VDI desktop hardware components and provides additional safety features. The remaining amount of$67,375.00 will be used to purchase tactical ballistic entry vests and helmets for the Fort Worth Police Department S.W.A.T. officers.The S.W.A.T. Section consists of 26 officers. In Fiscal Year 2015, 18 officers' tactical ballistic entry vests and helmets will be expiring.The ballistic capabilities of remaining helmets and vests will have diminished within five years and according to the manufacturer's recommendations, will need to be replaced. Additionally,the anticipated interest will be available for use by the City of Fort Worth,as the cognizant fiscal agency, and will be used for purposes consistent with the JAG Formula Program requirements. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendations,receipt of the grant, and adoption of the q attached appropriation ordinance, funds will be available in the current r operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 5) GR76 451891 035423735000 $568.848.00 45)GR76 441042 035423735000 $2,000.00 5) GR76 5(VARIOUS) 035423735010 $277.375.00 5) GR76 539120 035423735020 $149.744.00 5)GR76 539120 035423735030 $118.101.00 5) GR76 539120 035423735040 $11.607.00 5)GR76 539120 035423735050 $12,021.0 45) GR76 5(VARIOUS) 035423735060 $2.000.00 CERTIFICATIONS: Submitted for 01y Manager's Office by: Charles W. Daniels (6299) Originating Department Head: Jeffrey W. Halstead (42 10) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 1. 35JAG 14 A014.doc