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HomeMy WebLinkAboutContract 46813 PM1 � 3 I A CITY SECRETAINI 1WQ[_92 RECENEC co CONTRACT NO.CP � -12415 c °' Memorandum of Understanding Between the City of Fort Worth,TX and the City of Hurst,TX s4 �a FY 2014 Justice Assistance Grant � z l• Wd x 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 Hurst, Texas ("Subrecipient"), a 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$11,607.00 shall provide for an automated roster scheduling software program for the Hurst Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by y 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. a 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- t GU)will oversee the administration, procurement,and reporting of the Subrecipients' grant-funded activities. PSD-GU shall review and approve and/or request approval d from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. t. 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $11,607.00 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. i i a MOU between the City of Fort Worth,TX OFFICIAL RECORD and the City of Hurst,TX Page 1 of 6 CITY SECRETARY x FT.WORTH, TX i 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 tlu-oughout the life of the grant. 2) Meet all requirements pertaining to administration, procurement, and repotting in connection with the FY 2014 JAG. Requirements to be met include those found in gg (1) the Office of Management and Budget circulars, (2) the Office of Justice i 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 pant of this MOU, 3) Submit to the Recipient monthly performance reports regardless of level of activity. x 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`x' 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 1 expended or obligated during the previous month,including: (1) The name of project or activity; (2) A description of project or activity; and j (3) An evaluation of the completion status of the project or activity. 4) Submit monthly Request for Reimbursement (RFR) forms and vendor report forms 1 with an original signature by an authorized representative to Traci Tomilli, PSD-GCS E Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115 no later than the 15`x' 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 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. ? i F 5) Submit any and all proposed changes to attached budget to the Recipient prior to any 1 expenditure deviation from approved budget. No expenditures inconsistent with 1 attached budget shall be made by Subrecipient prior to receiving written approval MOU between the City of Fort Worth,TX and the City of Hurst,TX Page 2 of 6 l ff f from Recipient. Failure to obtain pre-approval for deviations fi•om budget may result in a denial of reimbursement. f 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 I 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, @ Y in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Traci Tomilli or by email to traci.tomilli@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 5 The primary point of contact for Subrecipient is Janet Grubish,telephone number: (817) 788- I 7131 email address: janetg@ci.hurst.tx.us, mailing address: 825 Thousand Oaks Dr., Hurst, Texas, 76054. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 6. ENTIRETY OF 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 Hurst,TX Page 3 of 6 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. 8. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for a forensic video and audio analysis program 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 Hurst. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently availablb-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. 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. MOU between the City of Fort Worth,TX and the City of Hurst,TX Page 4 of 6 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 Hurst; Traci Totnilli W. Allan Weegar, City Manager Grants Specialist 825 Thousand Oaks Dr. E City of Fort Worth Police Department Hurst, TX 76054 505 West Felix Street Fort Worth, TX 76115 14. 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 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 i entering into this MOU. 1 [The remainder of this page was intentionally left blank.] G yp 5 MOU between the City of Fort Worth,TX and the City of Hurst,TX Page 5 of 6 t I ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF HURST: /', CITY OF FORT WORTH: By: -1 Gf1eBy: -� W. Allan Weegar Rudolph JacksorD City Manager Interim Assistant City Manager i Date: Date:-- �'-/j Date: b7 — ! — 15 ;E J APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: �f By. Vl� �i[— City of Hurst Rhond K. Robertson Chief of Police Printed Name: Date: Signatiue:c--� Date: —7 y APPROVED AS TO FORM AND LEGALITY: By: Victoria D. Honey Assistant City Attorney Date: Contract Authorization: M&C: Date Approved: ' I ATTE T: /-.g° ° By: Mary J. Kayser o�oo,a° �( i City Secretary V i i MOU between the City of Fort Worth,TX OFFICIAL RECORD and the City of Hurst,TX CITY SECRETARY page 6 of 6 x FT. WORTH,TX Exhibit A Budget Narrative i i Hurst-$11,607.00 Budget Detail Worksheet A. Personnel : Position Computation/Description % on Project Total € No funds are requested in this category Sub-Total $0.00 B. Frm `e Benefits Position Computation/Description Total No funds are requested in this cate or Sub-Total $0.00 C Traver Purpose of Travel F Location Item Computation/Description] Total No funds are requested in this category Sub-Total $0.00 DA ut ment Unit Price/ Item _ Computation/Description Number Total Software Telestaff scheduling 1 $30,000.00 Sub-Total $30,000.00 E. Su lies - Item Computation Cost No funding requested in this category Supplies Sub-Total $0 F. Consultan s7Contracts Description %on Pmiect Total No funding requested in this category Sub -Total G.: Other Costs Position Description %on Project Total No funding requested in this category Other Costs Sub-Total $0 F f I I City of Port Worth 13 of 18 l t 1 f k Budget.Sumniary Budget Category Total A. Personnel $0.00 B. Fringe $0.00 t E C. Travel $0.00 D. Equipment 30,000.00 E. Supplies $0 F. Consultants/Contractor Services TOTAL PROJECT COSTS $30,000.00 Federal Request: $11,607.00 Non-Federal Amount: $18,393.00 i l f k a g� E City of Fort Worth C 14 of 18 E E i Hurst-$11,607.00 Budget Narrative A. Personnel: No funds are requested in this category. r r B. Fringe Benefits: No funds are requested in this category. i l C. Travel: No funds are requested in this category. I I f D. Equipment: $11,607.00 I E c The purchase of an automated roster management scheduling software program which will allow command-level staff to spend less time on scheduling and workforce-management tasks and i more time protecting citizens, fighting crime, and training officers. This software will also merge with the Hurst Police Department's Computer Aided Dispatch a system enabling patrol supervisors to more efficiently manage shift manpower and resources. y s t E. Supplies: No funds are requested in this category. F. Consultants/Contracts: No funds are requested in this category. G. Other Costs: No funds are requested in this category. F i L 3 4 City of Fort Worth 15 of 18 Exhibit B Award Document I CnN SECPrw11A1tvV CT M Depar(mcnt of hist ice _ Office of 7uslice Programs •A+ pi PAGE 1 OF 8 t Bureau of Justice Assistance Grant E i I.RECIPIENT NAWE AND ADDRESS(including Lip Codc) 4.ANARDNUMBER: 10)4-DJ-➢X-0297 City or Fon Worth 350 W.Bdkncp Strut S.PROJBCT PERIOD:FROM 10N1.2013 TO 09/]02017 Fon Worth,TX 76102-7.004 BUDGET PERIOD:FROM 10/012017 TO 09/302017 CAWARDDATE 08/062014 7.ACTION IA,GRANTEE TRSIVENDOR M. 8.SUPPLEMENT NOMBER Inlunl - 756000528 00 k 9.PREVIOUS AWARD AMOUNT' so ].PROJECT TITCH 10.ANIOUNTOFTFUS AWARD S569,948 i FY 14 JAG Program I L TOTAL AWARD S563.843 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT 13 APPROVED SUBJECT TO SUCH CONDITIONS OR LRAITATIONS AS ARE SET FOR•ITION THU ATTACHRD PAGE(S). 13.STATUI'ORY AUTHORf fY FOR GRANT Tlus project is supponed underFYI4(BJA-JAG)42 USC 3750,et3eq. t I S.ME•TROD OTPAYMENT T 1 OPRS AGENCY APPROVAL GRANTF,EACCEPTANCE 16.TYPED NAME AND TITLE OFAPPROVING OFFICIAL 18.TYPEDNAME AND TITLE 01°AUTHORIZED ORANTBB OFFICIAL S Deoise O'Dound I 4',hmles W.nnni cis Di—lot City Mensger 17-SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICI L 19A.DATE AOBNCY USC NLY 20.MSCALOUNITNO CI-ASSIPIOFC. DMR]iS 11. NDJUO-f 0438 FISCALY FUNDC 11UD.A OFC. DIV.RE SLID. POMS AMOUNT' EAR OD6 CT- G. C X B DJ 80 01) 00 568848 ! - OJP FOrthi 40e0f2(IiHV,5-87)PREVIOUS EDITIONS ARI:On.5O1,GTR. O)P FORM 400012(REV.4.38) i RECEIVED SCP 19 2014 RECEIVED S1---P 16 1014 i I Department ofJuslice Office of Justice Programs AWARD Bureau of Justice Assistance CONTMATTONSHEET PAGE OF s (_il'Rllf i PROJEGTNUMBER 1014-tit-BR-0297 AWARD DATE 09-06/7.014 i l SPECIAL CONDFTIONS I. The recipient agrees to comply with the financial and administrative aquiremcuts set forth in the current edition of the OfliceafJusticc Programs(OJP)Financial Ouide. 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),that is approved by the Office for Civil Rights,is a i violation of its Certifier)Assurances and may fesult in suspension or termination of funding,until such time as file recipient is in compliance. 3. The recipient agrees(o comply will)the ergnniza(ional audit rcquiruments of OMB Circular A-133,Audits ofSfates, j Local Governmenls,and Non-Profit Organizations,and Ihrther understands and agrees that funds may be wi(hheld,or E other rehaled requirements may be imposed,if oulstanding audit issues(if any)from OMO Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in lire current edition oflhe OfP Financial Guide, r 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,In support of the enactment,repeal,modification or adoption ofany laiv,regulatioa of policy,at tiny level ofgovcrnment,without the express prior written approval o f OJP. j 5. ']-he recipient must promptly refer to lite DOJ OIG any credible evidence that a la lucipal,employe;agent,contractor, subgrantee,subcontractor,or o(herpersoni has either]).submitted a false atahn fbr grant funds under The False Claims l Act;or 2)committed a criminal or civil violation of laws pertaining(o fraud,conflict of Interest,bribery,gratuity,or similar misconduct involving grant funds. 'th is condition also applies to any subrecipieots. Potential fraud,waste, abuse,or misconduct should be reported to the 010 by- i mail: kk Office of the Inspector General p U.S.Department of.iustice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 I G FutaiL oig.ho l I incQusdoj,gov E hotline:(contact information in English and Spanish).(800)869-4499 g or hotline fax:(202)616-9881 4 Additional information is available Itom(he DOJ OIG website at wsysv.usdoJ.8ovfoig. 6. Recipient understands and agrees that it connol use any federal fnmds,ei(her directly or Indirectly,in support of any II j contract or subaward to either the Association ofCommunify Organizations far Rofnrm Now(ACORN)or its subsidiaries,without(he express prior written approval ofOJP. 7. The recipient agrees to comply with any additional requirements that may be imposed daring the gran performance period if the agency determines that Ilia recipient is a high-risk grantee.CC 28 C. A.parts 66,70. � P: OJP FORM4000/2(REV,4-ss) i � A f � ,I i Department of Justice Office of Justice Programs AWARD 4' Bureau of 7uslice Assists nee CONTMATIONSIMET PAOF I OF a Grant i r PROJECTNUNRIER 2014-IMMIX-0297 AWARD DATE 08/W104 SPECIAL CONDITIONS ti. 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 OMN and OJP). The recipient Also agrees to comply with applicable restrictions on subawards to first-dor subiecipienls that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of JusticeProgrums web site et htip:/hvwsv,ojp.govlfundinglsam.htm(Award condition:Registration with[tie System for Award Management and Universal Identifier Requirements),and aro incorporated by rofarence here.This special condition does not apply to an award to au individual who received the award as a natural person(i.e.,unrelated (o any business or non-profit organization that Ire or she may own or operate in his or her name). 3 9. Pursuant to Executive Order 13513,"Federal Leadership on ReducinRText Messaging While Driving,"74 Fed.Reg. 1 5127.5(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies j banning empinyees from text messaging while driving any vehicle during the course of performing work funded by!Iris tf grant,and to establish workplace safety policies and conduct education,awareness,and olheroulroach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable lases,regulations,policies,and guidonee(Including specific cost i limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expanses related to conferences,meetings,Iraillings,and other events,including the provision offaad and/or beverages at suds events,and costs of attendance at such events. information on pertinent laws,regulations,policies,and guidance is available in the OJP Financial Ouide Conference Cost Chapter. 11. The recipient understands and agrees that any training or training materials developed or delivered with fLnding provided under this awatd must adhcro to the OJP Training Guiding Principles for Grantees and Subgranlees,available at btip:lhvww.ojp.usdoj.gov/funding/ojp(miningguidingprinoiples.hhn, ! 12. The recipient agrees that if it currently has an open award of federal fiords or if i l receives an award of federal funds other than this OJP award,and those award ftmds 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 willpromptly notify,in writing,the grant manager for this OJ'P award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate dupliontion of funding. i 13. The recipient understands acid agrees that award[birds cony not be used to discriminate ngninst or denigrota the religions or moral beliefs of atudents who participate in programs for which financial assistance is provided from those funds,on'of lire parents or legal guardians ofsuch students. ! 14. The recipient understands and agrees drat-(a)No award funds may be used to maintain or establish a computer network unless such network hlocks[tie viewing,downlonding,and exchanging of pornography,and(b)Nothing in subsoction(a)limits(he use Df funds necessary for any Federal,State,tribal,or local law enforcement ugcucy or any other enl ity carrying out criminal invesligations,prosecution,or adjudicntinn activities. i 15. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to coupernle with BSA and OCFO on all grant monitoring requests,inchiolhig requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits.The recipient agrees to provide to USA and OCFO all docnnicniation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,lbw recipient agrees to abide by rensonable deadlines set by BSA and OCFO for providing the requested documents. ` Faflura to coopernle with BJA's/OCFO's grant monhuri ng activities moy result in sanctions affecting the recipient's DOJ awards,including,but not limited to:williholdings aadlor ether ms(rietions of the recipient's access to gran( funds;referral to(he Office of the inspector General for audit review;designation of the recipient as a DOJ Nigh Risk grsn(m;nr(erminatian of an award(s)- a UUP FURM4000/2 p Ev.4-M Y , J Gr .i r s i s I 1 P 4 1 Dapsdmerit oflustim I Office of Juslice Programs AWARD f Burelu of Justice Assistance CONTR UATTONSHEET PAGE 4 OF t Grant PROJECTNUMBGR 20W-DI-SX-0197 AWARD DATE 09/0612014 SPECIAL COmmoNS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards ofS25,000 or more and,in certain circumstances,to report the names arid total compensation ofthe five most highly compensated executives of the recipient and first-tiersubrecipients ofaward Rinds.Such data will be submitted to ilia FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of2006(FFATA),ace posted on die Office oflusticePrograms website at litip:/ltvwW.ojp.gov/fuudiug/ffala.litm(Award condition:Reporting subawards and FxecuGve 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 ornon-profit organization that he or she cony own or operate in his or tier name). M The recipient agrees that all income generated as a direct result of This award shall be deemed program income. All program income Gamed must be accounled for and used for the purposes of funds provided under this award,including such use being consistent with the conditions of fhe award,the effective edition oFthe O1P FlnanGsial Guide and,as applicable,tither(1)28 C.F.R.Part 66 or(2)28 C.F.R Part 70 and 2 C.F.R.Part 215(O,fB Circular A-110). Further, The use of program inoomo must be reported on the rprarierly Federal Financial Report,SF 425. I& To avoid duplicating existing networks or IT systems in any initiatives filnded by BJA for law enforcement information sharing systems which involve interstate connectivity.be(tvecn jurisdictions,such systems shn It employ,lu the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to[lie satisfaction of BJA that this requirement would not be cost effective or would impair the € fitnclionality of an existing or proposed IT system. 19. in order to promote information sharing and enable interoperability among disparrlle systems across the justice and public safety community,OJP requires the grantee to mmply wllh DOJ's Global Justice information Sharing initiative (IJOf's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where epplicahle,as described ar. htlp:/Avww.it.ojp.gov/gsp_grantcoudition.Granite shall document planned approaches to information shoring and describe compliance to the OSP and appropriate privacy policy thoi 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 may or may not be an interest-bearing account.)The fund,including any interest,may not beused lopay debts or expenses incurred by other activities beyond (he scopo of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).'f)e recipient also agrees to obligate the grant funds in the trust fund(including say interest earned)during the period of the grant and expend within 90 days thereaflet.Any unobligated or unexpended funds,including interes(carned,must.be returned to the Office of i Justice Programs at the time of closeout. J - O1P FORbr 40001!(rtii V,4.83) t t i 9 j Department of Justice r $� Office of Justice Programs AWARD Burenu of Justice Assista ace CONTINUATION181 ✓T PAGE s of s Grant PROJECT NIMOER 2014-n1-EX-0297 AWARD DATE O8NIN1014 SPECIAL CONDITIONS 2). The granteeagieea to assist BJA in complying with the National Environrncnlal Policy Act(NEPA),the Naiionol Historic Prcacrva(ion Act,and other related federal environmental impact analyses requirements in the use o f these grant funds,either directly by ilio grantee or by a subgrantee. Accordingly,the grantee agree to titst determine if any of the to llowing activities will be Funded by Ilse grant,prior to obligating funds for any of these purposes. Ir it Is detennined dial.any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whelhcr or not they are being specifical ly hinded with these grail funds. That is,as long as the activity is being conducted by the grantee,a subgratkea,or any third party and lite activily needs to he undertaken in order to use these gmol funds,this special condition must first be mot. The activities covered by this special condition arc: e- New construction; b, Minor renovation or remodeling of a properly located in an environmentally or historically sensitive arca,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible far listing on life National Register of I Iisloric Plates; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d, Implementation of a new program involving the use of chemicals other than chemicals that are(n)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreationni,or education environments;and e. implementation afaprogram relating to clnndestiuc methmnphetamine laboratory operations,including Ilio Idenlificatio n,seiTure,or closure ofciaudcstine methamphetamine laboratories. The grantee uuderslmmds and agrees that complying with NEPA may require the prepnration of ou Environmental Assessment and/or an Environmental Tntpaal Statement,fis directed by BJA."Che grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://mvw.ojp.usdoj,govfBJAhescurce/nepa.html,for programs relating In methamphetamine laboratory operations. t Application offhis Special Condition to GomNu%Misting Programs or Activities;For any of the graolec's or its 6 subgran,ccs'existing programs or activ Ities that will be funded by these grant funds,die grantee,upon specific request from BJA,agrees to cooperate with 2JJA in any preparation by DIA of a national or program environmental assessment of that fbnded program or activity, i 22. JAG funds may be used to purchase vests for an agency,Willey may not be used as the 50%match for purposes of Jho Bulletproof Vest Partnership(BVP)program. 27. The recipient agrees to submit a signed certification that that all taw enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents find state agencies mus(keep signed cerlificalions on file for anysubrecipienls planning to utilize JAG funds for ballistic-re latent and slab-resistant body F amtor purchases.This policy mast be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor.Therc arc no requirements regarding the nature of(hc policy other than it being a mandatory wear policy for all uniformed officers while on duly. 24. Ballistic-resistant and stab-resistant body armor purchased with JAG funds mey be purchased at any threat level,make or model,from any distributor or manufacturer,as hong as the vests have been tested and found to comply with g applicnbla National Institute ofJustleu ballistic oi•sfab standards and are listed on the NTJ Corrnplinnt Body Armor Model List(hup:(Mij.gov).In addition,ballistic-resislanl find stab-resistant body armor purchased must be American- made.The latest NIJ standard inferma(ion can be found here:httpr/hvww.nij.gov/topics/technology/body-armor/safety- iuitialive.him. i 3 01P DORM 400012(REV.4-8S) 1 3 I� ' I Deparimcnt oflusliee Office orhrslice Programs AWARD BurcnuofJustice Assistnnce. CONTMATIOANSHEET PAGE 6 OF s GranC PROICCTNUMBER 2014-DI-SX-02.97 AWARD DATE 08/06n..014 f SPECIAL CONDITIONS 25. The recipicud agrees that any information technology system funtled orsupported by 01P funds will comply with 28 C.F.R.Part 23,Criminal Inlelligenco Systems Opern(ingPolicies,if01P dctermines this regulation(o be applicable. Should OJI1 determine 28 C.F.R.Parl23 In bo applicable,(l1P cony,at ils discretion,perform audits of the system,as per the regulation. Should any violation of28 C,F.R..Pad 23 occur,the recipient may he fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not-satisfy such n fine with(bderal finds. 26. The recipient agrees to ensure that the Slate In for maliou Technology Point of Contac)receives written not fieation regarding any information technology project funded by this grant during The obligation and expenditure period.This is to facilitato communication among local and stale governmental entities regarding various information technology projects being conducted with these grant funds.In addition,the recipient agrees Io maintain an administrative filo documenting the meeting ofthis requirement.For a list ofStnte Information Technology Points of Contact,go to h tip:/Awvw.i I.ojp,gov/defas dl.aspx7area=pol icyA ndPractice&page-1046. 27. The grantee agrees to comply with the appllcuble requirements of28 CAR.Pori 38,tJsc Department oUustie6 regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation').The Equal Treatment Regulation provides in pad that Department eflustice grant awarda of direct funding may not he used to fund any inherently religious activities,such as worship,religious instruction,or prosehylization.Recipients of direct grants may still engage in inberendy religious achvilics,but such activities must be saporate in time orplace from the Department oflustice funded program,and participation In such aclivides by individuals receiving services fran the grantee or asub-grantee must be voluntary,The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department ofJtnstice are riot permitted lu discriminate in the provision ofservices on the basis of a beneficiary's religion. Notwithstanding any otherspaelal condition of This award,failh- h�sed organizations may,in some circumstances,consider religion as R basis r'oremployment. See h ttpJ/www.ojp.gov/0bou t/ocr/equal lbo.him. 28. The recipient acknowledges that all programs funded through subawards,wlrethcral the state or local levels,must conform to the grant progrmn requirements as staled in DIA program guidmsao. G 29. Grantee agrees to comply with the requirements of28 C.F.R.Part 46 and all Office afluslice Programs policies and F procedures regarding the proter.Tion ofhummn research subjects,including obtaiument of Institutional Review Board i approval,ifappropria(e,and subject informed consent. 30. Grandee agrees to comply with all confidentiality requircmcnis of 42 U.S.C,section 37898 nad 28 C.F.R.Part 22 that a are applicable to collection,use,and revelation ofdnla or information.Orautce Further agrees,as o condition of grant approval,to submit R Privacy Cer(ilieale that is in accord with requircnwuts of28 C.F.R.Part 22 and,in pnrlicular, section 22.23. 31. The recipient agrees to monitorsubawm-ds under this JAG award in accordance with nil applicable statutes,regulations, ONfB circulars,and guidelines,including the O1P Financial Cuido,and to include die applicable conditions ofthis award in any subaward.The recipient is responsible for oversight of subrecipienl spending and monitoring of specific outcomes and benefits attributable to use of JAG fiends by subrecipien(s.The recipient agrees to submit,upon request, documenia(ion of IIs policies and procedures for monitoring ofsubawards under this nword. 32. The recipient agrees fiat funds received under(his award will not be used to supplant Slat,or local funds,but will be used to increase the amounts of such funds that would,in the absence ofPcderol funds,be made avnilabie for law eaforrxment activities. OIP PORm 4000/2(rttiv,4-6g) g}� t Department of J1131 Ice Office orlustice,Programs AWARD ` Bureau Of justice Assistance CONTJNVATIONSHLLT rAr)t 7 OF It 'M; Craut � PROD rcr NUdmRR 2014-DI-OX-0297 nwARD DATE 08/062014 SPECIAL CONDITIONS 33. Award recipients must submit quorlevly a Federal Financial Report(SF-•125)and annual performance reports through GMS(h(tps//grants,ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Ac((GPRA),P.L.101-62,applicants who receive funding under this solicitation must i provide data that measure the results of their wort. Therefore,quarterly performance metrics reports must be submitted q through DIA's Performance Measuremen(Tool(PMI)website(wvAv.bjaperfannancetools.org). For more detailed } information on reporting and olhar JAG requirements,refer to the JAG reporting requirements wobpege. Failure to l submit required JAG reports by established deadlines may result in the free2ing of grant funds and Future}sigh Risk- designation. iskdesignation. 34. Award recipients must verify Point of Con(acl(POC),Financial Paint of Contact(FFOC),and Authorized Representative contact information in GNIS,including tclaphouc number and a-mail address. If any Information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Managemont System (GMS)to document changes. 35. The grantee agrees that within 120 days of award acceptance,each current member ofa law enfoccoment[ask force funded with these funds who is a task force commander,agcnoy executive,task farce officer,orother task force member ofequivalenl rank,will complete required online(internus-based)task force training.Additionally,all future Insk force members are required to complete(his 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 EJA's Center for Task Force Integrity and Leadership(www.cifli.org).This training addrtsses lack force effectiveness ns well as other key issues including privacy and civil lihertics/rights,task force performamce nncasuremcni,personnel selection,and lask force oversight and accountability.When BIA funding supports it[ask force,a task force personnel rostorshould be { compiled and maintained,along with course completion certificates,by the grant recipient.Additional infomnation is available regarding this required training and access methods via i3JA's web site and lire Center for Task Forco integrity and Leadership(wmv.c(fli.org). �i 36. No JAG fiords may be expended air the purchase of unmonned aircraft,unmanned aircraf)systems or ummnnned aerial t vehicles(UAIUAS/UAV),unless the BIA Director cortifiea(hat extraordinary and exigent circumstances axis(,making E them essential to[lie maintenance of pubic safety and good order.Any stele or local jurisdiction receiving UJA 3 approval to utilize JAG funds for(his type of purchase must certify to DO]that it received Federal Aviation Administration(FAA)approval to operate it UA/UAS/UAV and that it Is legal to operate a 1JrWAS/11AV in The 3 proposed jurisdiction nr geographic area.The recipient must submit a statement on ilia goals and objectives for(he use ofa UA/UASIUAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly encourages the recipient to submit annual(or mole frequent)JAG success stories.To submit a success story,sign in[o your Nly BJA account at h(tps://vnvw.bja.gov/Login.aspx to access the Success Story Submission form. Ifyou do not yet have aMy BJA account,please register nt ftitps:/Iwww.bju.gov/proftle,aspx.Once you register,one of (Ile available areas on your My BJA page will be"My Success Stories".Within(his box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web c page at b(Ips://wsvNv.bja.gcrv/SuccessStoryLis(.aspx. 39. Recipient may not expend or drawdown funds until Ile Bureau ofJus(ice Ae is(anee(13JA)has received doaunrentabrin demonstrating that the state or local governing body review and public comment requirements have been mot and a Grant Adjustment Notice(GAM has been approved releasing this special condition. 39. The recipient may not expend or draw-down funds until Iia required body armor cert;ication minted to mandatory wear has been submitted and approved by the Bureau oriusace Assistance(BIA)and a Gmat Adjustment Notice (GAN)has been approved releasing this special condition. OIP FORM 4000/2(RUV.4-S8) W Y i Department orJustice office orfustice Programs AWARD Bureau nfJustice Assistance CONTTNUAITONSHEET PAaE s Or- Grant e Grant J PRO)KIIIUMBER " 2014-D1-BX-0297 A)VARD DATE 0=64014 SPECML COVOITION.S 40. Recipient may not expend or drawdown funds until the Bureau ofJuslice Assistance,Office of Justice Programs hos received and approved the signed Memorandum of Understanding(MOU)between the disparnie jurisdictions and has issued a Grant Adjustment Noliee(GAN)releasing this special condition. 41. The recipient may not obligate,expend,or draw down any award funds until.(1)it has provided to the giant manager for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific a ffimtalive statement that no such pending applicatiors(whether direct or indirect)oxist,in accordance with the detailed i instructions in ilia program solicitation,(2)OJP has completed its rovicw ofthe informadou provided and ofany supplemental information it may request,(3)the recipient has made any adjustments to(ho award Drat OJP may require to prevent or eliminate any inappropriate duplication of-trading(e.g.,budget modification,project scope adjusiment), (4)if oppropriate,adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any necessary reduction or the award amount in any amount sufficient to prevent duplication(as detcrmincd by OJP),and (5)a Grant AdjustmentMticc has been issued removing this special condition. 47.. Wilt respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)la any employee ofthe award recipient at a rate that exceeds 110%ofthe maximum annual salary payable to a member of the 3 federal government's Senior Executive Service(SES)at an agency with a Certified SPS Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of(his ¢ compeansation limitation is paid wilt non-federal funds.) $ This limitation on compensation rates altowabla under this award may W waived on an individua I basis a(the discretion oFthc ON official indicated in the program announcement under which this award is made. f t OJP FORM 400012(ROY.4.88) I` APPROVAL RECOMMENDED: Jeff I.ey* ead Chief of Police Date: APPROVED AS TO FORM AND GALT B Kelly Madrid Assistant City Attorney 0 ATTEST By: Maly ayse City Se etaf) Dou .00000 Contract Authorization: M&C: C-26971 Date Approved: 9/9/14 ii FY 2014 Justice Assistance Grant Page 9 P I 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 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: lUISDICTIONS PURPOSE A BLA AM UNT 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 rolice Equipment $11,607.00 orth Richland Hills IPolice 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 attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Ceaters 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 $12,021.00 45) GR76 5(VARIOUS) 035423735060 $2.000.00 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. 35JAG14 A014.doc