HomeMy WebLinkAboutContract 47042 CITY MOM 'i
CONTRACT NO.,, JA7-
8 ti
Memorandum of Understanding
7"Between the City of Fort Worth,TX and the City of Arlington, TX
WOO FY 2014 Byrne Justice Assistance Grant
i
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 Arlington, Texas
("Subrecipient").
2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient' s responsibilities
under the U.S. Department of Justice ("DOJ"), Bureau of Justice Assistance, FY 2014 Byrne
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
$118,101.00 shall provide for the extended warranty and replacement parts for 177 digital
video recorders, moving radar instrument units and associated equipment including
installation, and one mobile camera system for the Arlington 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 and/or 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 $118,101.00
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 t`" IA R N j
and the City of Arlington,TX—FY 2014 Byrne Justice Assistance Grant
Page 1 of 6 )��'En��1`'( k� � �f��?�
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B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the FY 2014 JAG. The collaboration will 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 2 CFR Chapter I, Chapter II, Part 200., (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, DOJ, Bureau of Justice Assistance or their
authorized representatives. The monthly reports are due to the Recipient no later than
the 15Th calendar day of the following month. The monthly performance reports must
contain the following information:
a) A detailed list of all projects or activities for which FY 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 of 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 performance 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.
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 Arlington,TX—FY 2014 Byrne Justice Assistance Grant
Page 2 of 6
from Recipient. Failure to obtain pre-approval for deviations from budget may result
in a denial of reimbursement.
6) Maintain financial, programmatic, and supporting documents, statistical records, and
other records pertinent to claims submitted during the grant period for a minimum of
five (5) years after the termination of the grant period, or for five (5) years after the
end of the federal fiscal year in which services were provided. Such records shall be
accessible to Recipient for investigation, examination and audits as necessary. If any
litigation, claim, or audit involving these records begins before the five (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.
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
1. The primary point of contact for Subrecipient is Susan Bragg, Grants Coordinator,
telephone number: (817) 459-6424, email address: susan.bragg @arlingtontx.gov, mailing
address: 620 W. Division Street,Arlington,Texas, 76011-7421.
C. Recipient and Subrecipient
Before any item within a RFR is 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 Arlington,TX—FY 2014 Byrne Justice Assistance Grant
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 mobile video recording packages and associated
equipment as outlined. Nothing herein shall be construed as creating a partnership or joint
venture between the Recipient and Subrecipient. Recipient shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an officer, agent, servant,
representative or employee of Subrecipient. Likewise, Subrecipient shall operate as an
independent contractor as to all rights and privileges granted herein, and not as an officer,
agent, servant, representative 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, representatives, 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 Arlington. If any
provision of this MOU is held to be invalid, illegal or unenforceable, the validity,legality and
enforceability of the remaining provisions shall not in any way be affected or impaired.
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.
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 Arlington,TX—FY 2014 Byrne Justice Assistance Grant
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 Arlington:
Traci Tomilli Theron Bowman,PhD.
Grants Specialist 620 W. Division Street
City of Fort Worth Police Department Arlington, TX 76004-3231
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 Byrne Justice
Assistance Grant to the DOJ. Either party may terminate this MOU at any time, by providing
the other party with sixty(60) days' written notice of termination.
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.]
MOU between the City of Fort Worth,TX
and the City of Arlington,TX—FY 2014 Byrne Justice Assistance Grant
Page 5 of 6
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
CITY OF ARLY TON: CITY OF FORT WORTH:
�
By: By.
Theron Bowman,PhD. Rudolpfi Jac kson-/g*
Deputy City Manager Interim•Assistant City Manager
Date: U
O'Mke/ Date:S
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEGALITY:
By:
City of Arlington Rhonda K. Robertson
Printed Name: "Fi�kvt'� Chief of Police
Date:
Signature:
Date: APPROVED AS TO FORM AND
LEGALITY:w.
By: 1/�
Victoria D. Honey Q-1
Assistant City Attorney
Date:
Contract Authorization:
M&C:
Date Approved:
OF F'o
ATTES/
80
CS
By:
Mary J. a, /e
City Secre y
MOU between the City of Fort Worth,TX 'J OFFICIAL RECORD
and the City of Arlington,TX—FY 2014 Byrne Justice Assistance Grant CITY
Page 6 of 6
Exhibit A
Budget Narrative
Arlington- $118,101.00
Budget Detail Worksheet
A. Personnel
Position Description % on Project Total
No funding requested in this category
Personnel Sub-Total $0
B. Fringe Benefits
Position Description Total
No funding requested in this category
Fringe Benefits Sub-Total: $0
C.Travel
Purpose of Travel Location Item Computation Cost
No funding requested in this category
Travel Sub-Total $0
A Equipment
Item Computation Cost
Traffic: Moving Radar units Unit price: $34,994.00
$1,872/each
x 17 units
$31,824 Total purchase
Installation:
$ 2,100.00 (Chargers)
+ $ 1,070.00(Tahoes)
$ 3,170.00 Total installation
Intelligence: Mobile Camera 1 Top-Cam Mobile Camera $3,925.00
Equipment Sub-Total 1 $38,919.00
E.,"Supplies
Item Computation Cost
Incidentals: replacement parts not covered by $417.00 $417.00
Warranty
Supplies Sub-Total $417.00
F. Consultants/Contracts
% on
Description Project Total
Extended Two-Year Warranty $445.00 for extended warranty for 177 100 $78,765.00
for Digital Video Recorders in DVRs
patrol vehicles
Consultants/Contracts Sub -Total $78,765.00
City of Fort Worth
1 of 5
G. Other Costs
Position Description % on Project Total
No funding requested in this category
Other Costs Sub-Total $0
City of Fort Worth
2of5
Budget Summary
Budget Category Amount
A. Personnel $0
B. Fringe $0
C. Travel $0
D. Equipment $38,919.00
E. Supplies $417.00
F. Consultants/Contracts $78,765.00
G. Other Costs $0
TOTAL PROJECT COSTS $118101.00
Federal Request: $118,101.00
Non-Federal Amount: $0.00
City of Fort Worth
3 of 5
Arlington- $118,101.00
Budget Narrative
A. Personnel: No funding requested in this category.
B. Fringe Benefits: No funding requested in this category.
C. Travel: No funding requested in this category.
D. Equipment— $78,765.00
Traffic Division-Moving Radar Instruments
APD proposes to purchase 17 moving radar units to be mounted in patrol vehicles for use by
Traffic Enforcement officers for speed and DWI enforcement with 12 of the units to be
mounted in Dodge Chargers and 5 in Chevy Tahoes.
The budget for the moving radar instruments is as follows:
Moving Radar Instrument/unit: $1,812.00
Shipping/unit: $ 10.00
Video/radar overlay cable/unit: 50.00
Total/unit cost: $1,872.00
Quantity: x 17 units
Total: $31,824
Installation in Dodge Chargers: $ 175.00
Quantity: x 12 vehicles
Total: $2,100.00
Installation in Chevy Tahoes: $ 214.00
Quantity: x 5 vehicles
Total: $1,070.00
Total: $34,994.00
Intelligence Division-Mobile Camera
1 Mobile Camera System= $3,925.00
Total: $3,925.00
City of Fort Worth
4 of 5
E. Supplies: $417.00
Digital Video Recorder(DVR)incidentals include replacement parts not covered by the
warranty.
F. Consultants/Contracts: $78,765.00
Patrol Division-Digital Video Recorder (DVR) Extended Warranty
In an effort to maintain fully functioning DVRs in all active patrol vehicles,APD will
purchase two year extended warranties for 177 DVRs utilized by patrol. The Panasonic
Arbitrator Extended Warranty covers these system components: camera, VPU/recorder,
receiver and SDHC cards. The Extended Warranty provides seamless continuation of the
Standard Warranty's coverage for an additional two years.
Extended Two-Year Warranty/DVR: $445.00
Quantity: x 177 units
Total: $78,765.00
G. Other Costs: No funding requested in this category
City of Fort Worth
5of5
Exhibit 6
Award Document
CITY SECRXAW°
COWRACT N0.�ys
Depatiment of Justice
Office ofJustice Programs
FAGS I OF 8
1 Bureau of Justice Assistance Grant
1.RECIPIENT NAME AND ADDRESS(lnetuding Zip Code) 4.AWARD NUMBER: 2014•D7-BX-0297
City of Fort W0nh
r W.BelimapStreet S.PROJECT PERIOD:FROM 10101/2012 TO 0913012017
Fart Worth,TX 76102-2004
BUDOBTPERIOD:FROM 10/01!2017 TO 09/3017017
6.AWARDDATE 0110612014 7.ACT10N
IA.GRANTEE MSNSNDOR N0. 8.SUPPLEMENT NUMBER initial
756000528 00
9.PREVIOUS AWARD AMOUNT so
7.PROJECT TITLE 10.AMOUNT OF THIS AWARD SS68,848
FY 14 JAG Prognm _
11.TOTAL AWARD S568,848
12,SPECIAL CONDITIONS
THE ABOVE ORAHr PROJECT is APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE
ATTACHED PAOE(S).
U.STATUTORY AUTHORITY FOR GRANT
This Project Is supported underPY14(13JA-JAG)42 USC 5750,et seq.
15.METHOD OPPAYMBNT
OPRS
- AOENCYAPPROVAL GRANTEE ACCEPTANCE I 16.TYPBDNAMB ANDTttLBOFAPPROVfN00FFICIAL HLTYPED NAMEANDTITLBOFAUTHORIZ000RANTEBODenire O'Donnell Charier W.Dardeis Dimmor Aeistont City Minter 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OAF AUTHORIZED RECIPIENT OFFICI����""_'
AGENCY USE
20.ACCOUNTING CLASSIFICATION CODES 21, NDJUGT0458
FISCALYFUNDC BUD.A OTC, DN.RE SUB. POMS AMOUNT
BAR ODD CT. 0,
X B DJ 80 00 00 $68848
OJP FORM 4000/2(REV.5.87)PREVIOUS EDITIONS ARE OBSOLETE.
r
OJP FORM 400012(REV.4.88)
RECEIVED SEP 19 2014
RECEIVED SEP 16 7014
Department of Justice
Office ofJustice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSHERT PAGE 2 or a
Grant
PROJECTNUMBER 2014•DJ•DX-0297 AWARD DATE 0810612014
SPECIAL CONDITIONS
1. The reoipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Juslice 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),that is approved by The Office for Civil Rights,is a
violation ofits Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of Steles,
Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and
any other audits ofOJP grant funds)are not satisfactorily and promptly addressed,as further described in the current
edition of the OF Financial Guide.
4. Recipient understands and agrees(het it cannot use any federal funds,either directly or indirectly,in support of the
enactment,repeal,modification or adoption ofany law,regulation or policy, at any level of govemment,withoutthe
express prior written approval ofOJP.
5. The recipient must promptly refer to the DOI OIG any credible evidence that a principal,employee,agent,contractor,
subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation of laws perlaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds.This condition also applies to any subraeipienls.Potential fraud,waste,
abuse,or misconduct should be reported to the 010 by-
meii:
Office of the inspector Genarat
U.S.Department o0indice
Investigations Division
950 Pennsylvania Avenue,N.W.
Room 4706
Washington,DC 20530
e-mail:oig.hoiline@usdoj.gov
hotline:(contact information in English and Spanish):(800)869-4499
or hotline fax:(202)616-9881
Additional infomtation is available from the DOI 010 websile at www.usdcj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal flinds,either directly or indirectly,in support of any
contract or subaward to either(lie Association ofCommunity Organizations forReform Now(ACORN)or its
subsidiaries,without the express prior written approval ofOJP.
7. The recipient agrees to comply with any addilional requirements flint may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70.
OJP FORM 4000/2(REV.4.88)
Department of Juslice
Office of Justice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSHEET PACE 7 OF s
Grant
PROJECTNUMBER 20t4•D1•8X-0297 AWARD DATE 09100014
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(orwilh a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-der subrecipients that do not acquire
and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations.ere posted on
the Office oflustice Programs web site at hftp://www.ojp.gov/funding/sam,htm(Award condition:Registration with the
System for Award Management and Universal identifier Requirements),and are incorporated by refbrence here.This
special condition does not apply to an award to an individual who received the award as a natural parson(i.e.,unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Tex(Messaging While Driving,"74 Fed.Reg.
51225(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 flit course of performing work funded by this
grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
10, The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses
related to conferences,meetings,irainings,and otherevents,including the provision of food and/or beverages at such
events,and costa of allendonce at such events.information on pertinent laws,regulations,policies,and guidance is
available in the OJP Finnncfal Guide Conference Cost Chapter.
j
It. The recipient understands and agrees that any training or(raining materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrentees,available
at http:/Avww.ojp.usdoj,gov/funding/ojptrainingguidingprirwiptos,htm.
12, The recipient agrees that(fit currently has an open award of federal funds or if it receives an award offederel funds
other than this OR award,and those award funds have been,are being,or are to be used,in whole or in part,for one or
more of the identical cost items fbrwhieh funds are being provided under this OJP award,the raoiplentwiil promptly
notify,in writing,the grant manager far this ON award,and,if so requested by OJP,sack a budget-modifiostion or
change•of-projoct-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding.
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate(he
religious or moral beliefs ofstudents who participate in programs for which financial assistance is provided from those
funds,or of the parents or legal guardians of aueh students,
14. The recipient understands and agrees the(-(a)No award funds may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in
subsection(a)limits the use of funds necessary fir any Federal,State,tribal,or local law enforcement*agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities,
15. Tire recipient agrees fo comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with
B1A and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or silo visits. The recipient agrees to provide to BJA end OCFO all documentation necessary to
complete monitoring(oaks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCPO for providing The requested documents,
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result In sanctions affecting the racipient'a
DOI awards,including,but not limited to:withholdings end/or other restrictions on the reeipiant'n access(o grant
funds;refarral to the Office of the inspector General for audit review;designation of the recipient as a DOI High Risk
grantee;or termination of on award(s),
OJP FORM 40D0/2(REV,4.99)
r
DepartmentofJustice
Office of Justice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSHBL/T ma 4 OF s
Grant
PROJECTNUMBER 2014-M.UX-0297 AWAADDATB 08 10612014
SPECIAL CONDITIONS
16. The recipient agrees to comply with applicable requirements to report first-tier subawards 01`325,000 or more and,in
certain circumstances,to report the names and total compensation of the five most highly compensated executives of
the recipient and first tier subrecipients ofaward funds.Such data will be submitted to the FFATA Subaward
Reporting System(FSRS).The details ofeeeiplent obligations,gations,which of Justice from the F eB site sending Accountability
and Transparency Act of 2006(PPATA), re posted
http:/Avww.ojp.gov/fundingtffata.him.(Award condition:Reporting Subawards and Executive Compensation),and are
incorporated by reference here.This condition,and its reporting requirement,does not apply to grant awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
11. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income earned must be accounted for and used far the purposes of funds provided under this award,including
such use being consistent with the conditions of the sward,the effective edition of the OJP Financial Guide and,as
he t t Financial (OMB Circular A-110).Further,
(he of program income must reported(2)28
quarterly Report,S 425.
18. To avoid duplicating existing networks or IT systems in any initiatives Ponded by BJA for low enforcement information
sharing systems which involve interstate connectivity•between jurisdictions,such systems shalt employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of en existing or proposed iT system.
19. in order to promote information sharing and enable intaroparability among disparate systems across tho justice and
public safety community,OJP requires the grantee to comply with DOJ's Global Justice infortnatian Sharing Initiative
p0j'a Global)guidelines and recommendations ibr this particular great.Grantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described el:
http:/Avww.it.ojp.gov/gsp_grentcondition.Grantee shall document planned approaohes to information sharing end
describe compliance to the OSP and appropriate privacy policy that pro
aGs 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 Pond may or may not be an interest-bearing
account.)The Pond,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
The scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate
the grant Ponds in the treat fund(including any interest earned)during the period of the grant and expend within 90
days(hereafter.Any unobligaled or unexpended funds,including interest earned,must be returned to the Office of
justice Programs at the time of closeout.
O)p FORM 4000/2(REV.4.98)
Department ofJuslice
Office of Justice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSHRET PAGE 5 OP e
t
Grant
PROJP.CTNUMBBR 2014•DJ-BX-0297 AWARD DATE 08106/3014
SPBCML CONDITIONS
21. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly,by,the grantee or by a subgranlee.Accordingly,the grantee agrees to first determine if any
of the following activities will be funded by the grant,prior to obligating funds for any ofthese purposes. If it is
determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
speoifically funded with these grant funds.That is,as long as the activity is being conducted by the grantee,a
subgrenlee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special
condition must first be met.The activities covered by this special condition are:
a.New construction;
b.Minor renovation orremodeling ors property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility thatwiil 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 ofchemicals other than chemicals that are(a)purchased as an
incldenlat component ore funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.implementation ore program relating to clandestine methamphetamine laboratory operations,including the
Identification,seizure,or closure of clandestine mathamphelemine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental impact statement,as directed by BJA.The grantee furtherunderstands end
agrees to the requirements for implementation of a Mitigation Plan,as detailed at
htlp;//www.ojp.usdoj.govBJA/resource/neps.blml,for programs relating to meth amphetamine lab oratory operations.
Appliaelion of?his speelat Condition to Grantee's Existing Programs or Activities:For any of the grantee's or Ile
aubgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with BJA in any preparation by BJA ore national or program environmental assessment
of that funded program or activity.
22. JAG funds maybe used to purchase vests.for an agency,but they may not be used as the 50%match for purposes of the
Bulletproof Vest Partnership(BVP)program.
23. The recipient agrees to submit a signed certification that that all law enforcement agenoies recowing vests purchased
with JAG funds have a written"mandatory wear"policy In effect.Fiscal agents and state agencies must keep signed
certifications on file for any subreoipienis planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by
the agency for body armor.There are no requirements regarding the nature of the policy other than it being a mandatory
wear policy for all uniformed officers while on duty.
24. Ballistic-resialent and slab-resistant body armor purchased with JAG funds may be purchased at any threat level,snake
or model,from any distributor or manufacturer,ss long as the vests have been tested and found to comply with
applicable National institute ofJuslice ballistic or slab standards end are listed on the NIJ Compliant Body Armor
made.(The lahestNIJ standardinforrmationlcansbe round here:htip://vnwv.n9j 8 v/topiestechnotogy/body arrmorl efety-
iniliative.hhn.
OJP FORM 4000/2(REV.4.88)
Department of Justice
Office of Justice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSEMET PAGE 6 OF s
Grant
PRo7ECTNumaER 2014-D7-&X-0297 AWARD DATE 00102014
SPECIAL CONDITIONS
25. The recipient agrees that any information technology system funded orsupported by OJP funds will comply with 28
C.F.R.Part 23,Criminal intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R.Pert 23 to be applicable,O)P may,at its discretion,perform Audits of the system,as
per the regulation. Should any violation of28 C.F.R.Part 23 occur,the recipient maybe fined ae per 42 U.S.C.
3789g(c)-(d).Recipient may not satisfy such a fine with federal funds.
26. The recipient agrees to ensure that the State information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and stale governmental entities regarding various information technology
projects being conducted with these grant funds.in addition,the recipient agrees to maintain an administrative file
documenting the meeting of this requirement.For a list of State information Technology Points of Contact,go to
http:/Avww.ii.ojp.gov/defau tt.aspx?erea=polioyAndPractice&page=1046.
27. The grantee agrees to comply with the applicable requirements of28 C.F.R.Pert 38,the Department of Justice
regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal TreatmentRegulat(otil,The Equal
Treatment Regulation provides in part that Department of Justice grant Awards of direct funding may not be used to
fund any inherently religious activities,such As worship,religious instruction,or proselytixation.mRecipients lac from the
grant&maystill engage in inherently religious activities,but such activities must be separate in time orplece from lha
Department of)ustice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The!Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
ofservices on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,feith-
based organizations may,in some circumstances,consider religion es a basis foremployment.See
htlp://ww%v.ojp.gov/aboutloor/equoUfbo.htni.
28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must
conform to the grant program requirements as stated in BJA program guidance.
29. Grantee agrees to comply with the requirements of28 C.F.R.Pert 46 and all Office 00118tics Programs policies and
procedures regarding the protection of human research subjects,including obtainment of institutional Review Board
approval,if appropriate,and subject informed consent.
30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 37898 and 28 C.F.R.Pert 22 that
are applicable to collection,use,and revelation of data or infbrmation.Grantee further agrees,as a condition of grant
approval,to submit a Privacy Certificate that is in accord with requirements of28 C.F.R.Part 22 and,in particular,
tection22.23.
31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the OIP Financial Guide,and to include the applicable conditions of this
award in any aubaward.The recipient is responsible for oversight of aubreeiplenl spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subreeipients.The recipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of aubaward,under this award.
32 used to increase the amounts dof uch funds that would in I e nbsonoe off F da supplant unds,be made ova able for iawl be
enforcement activities.
On,FORM 400012(RIM 4-18)
Department oflustice
Office of justice Programs AWARD
s Bureau of Justice Assistance CONTINUATIONSHURT PAOa 7 oP a
t
Grant
PROJBCTNUMBBR 20H.W.DX-0297 AWARDDAT3 of/00014
SPECIAL CONDITIONS
33. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through
GMS(htlps://grenls.ojp.usdoj.gov). Consialentwilh the Department's responsibilities under the Government
Performance and Results Act(GPRA),P.L.103-62,applicants who receive funding under this solicitation must
provide data that measure the results of their work.Therefore,quarterly performance metrics reports must be
detail
witted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformnncelools.org).For more
information on reporting and other JAG requirements,refer to the JAG reporiingrequiraments webpage.Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
34. Award recipients must verify Point of Conlect(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and a-mail address.If any information is
Incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
35. The grantee agrees that within 120 days of award acceptance,each current member of a few enforcement task force
funded with(base funds who is a task force commander,agency executive,task force officer,or other task force
member of equivalent rank,will complete required online(internet-based)teak forca training.Additionally,all future
task force members are required to complete this training once during the life ofthis award,or once every fouryears if
multiple awards include this requirement.The training is provided free of charge online through BJA'a Center fbr Task
Farce integrity and Leadership(www.cifli.org).This training addresses task force effectiveness as well as other key
issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task
force oversight and accountability.When BJA funding supports a task 1brce,a task force personnel roster should be
compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is
available regarding this required training and access methods via BJA'e web site and the Center forTask Force
integrity and Leadership(www,otflf.arg).
36. No JAG funds may be expended on the purchase ofunmanned aircraft,unmanned aircraft systems orunmanned aerial
vehicles(UA/UASMAV),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making
them essential to the maintenance of public safety and good order.Any stale or local jurisdiction receiving BJA
approval to utilize JAG funds for this type of purchase must certify to DOJ that it received Federal Aviation
Administration(FAA)approval to operate a UARJASAJAV and that it is legal to operate a UANAS/UAV in the
Pjurisdiction or geographic area.The recipient must submit a statement on the goals and objectives for the use
of a UAIUAS/UAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require
additional reporting requirements that will be stipulated post award.
37. BJA strongly encouragoa the recipient to submit annual(or more frequent)JAG suttees stories.To submit a success
story,sign in to yourMy BJA account at hops://www.bja.gov1o9in.espx to access the Success Story Submission form.
Tf you do not yet have a My BJA account,please register at bttps:/Avww.bjs.gov/profile.aepx.Once you register,one of
the available areas on your My BJA pagewili be"My Success Stories".Within this box,you will sea 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
page a(hi(ps://%vmv.bja.gov/SucceseStoryList.aspx.
ist.aspx.
38. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation
Grant Adjustment Notice(CAN)lies been approved releasing his special Condition.uiranenta have been met and a
39 wearies been submitted lied and approved by the Bureau until Jus(Ice Assistance armor certification(BJA)and a Grant rAdjustment Notice
ty
(GAN)has been approved releasing this special condition.
DIP FORM 400012(RHV.4.88)
A�
Department ofJuslice
Office of Justice Programs AWARD
t Bureau of Justice Assistance CONTINUATIONSHEET PAGE a OF e
Grant
PRO ECTNUMBER 2014-1)I-1)X-0297 AWARD DATB 08/0612014
SPECIAL CONDITIONS has
40. Recipient may not expend or drawdown funds until the Bureau of justice Assistance,is hOffic disparate f jurice croons s has
received and approved the signed Memorandum of Understanding(h1 U)
issued a Grant Adjustment Notice(GAN)releasing this special condition.
41. The recipient may not obligate,expend,or drew down any award funds until:(1)it has provided to the grant menager
for this OJP sward either en"applicant disclosure of pending applications"for federal funding or a specific affinnalive
stetement that no such pending applications(whetherdirect or indirect)exist,In accordenoe with the detailed
instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any
supplemental information it may request,(3)the recipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment),
(4)if appropriate adjustments to a discretionary sward cannot be made,the recipient his agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and
(5)a Grant Adjustment Notice has been issued removing this special condition.
42. With respect to this award,federal funds may not be used to pay cash compensation(&glary plus bonuses)to any
employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Cartifled SES Performance Appraisal System
for that year.(An award recipient may compensate an employee at a higher rate,provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on discretion of the 01P of l
ficial indicated in the program onnouncem nt w
under which this ad is made. at the
OIP FORM 4000/2(REV.4.98)
d�
APPROVAL RECOMMENDED:
By Jeffrey*aIT2�
Chief of Police
Date: `7
APPROVED AS TO FORM
AND +GAL
B
Kelly adrid
Assistant City Attorney
f00000
ATTEST:
By:
°°°o°
C�
Ma y .Kayse
City Secretar3 °°°°°°°°°
�aCp1'�
Contract Authorization:
M&C: C-26971
Date Approved: 9!9/14
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
SUB.IECT:
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:
JURISDICTIONS PURPOSE AREA AMOUNT
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
[Hurst kolice 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
attached appropriation ordinance,funds will be available in the current
operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
5) GR76 451891 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 $2MOO.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