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HomeMy WebLinkAboutContract 49006 ti3q 56 o j CITY SECRETARY t Memorandum of Understanding CONTRACT NO. Between the City of Fort Worth, TX and City of Hurst,TX FY 2016 Byrne Justice Assistance Grant IES. The parties to this Memorandum of Understanding ("MOU") are the City of Fort orth, Texas ("Recipient") and City of Hurst, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice("DOJ"),Bureau of Justice Assistance, Fiscal Year 2016 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 2016 Byrne JAG,in compliance with the DOJ Program requirements.A portion of grant funds awarded under the JAG has been allocated to secure grant funding for the Tarrant County Mental Health Law Liaison Program, as outlined in the FY 2016 Byrne JAG agreement titled "Memorandum of Understanding Between the Cities of Fort Worth,Arlington,Bedford,Hurst,North Richland Hills,and County of Tarrant, Texas." In addition to those grant funds, once awarded, grant funds in the amount of$11,342.00 shall provide funding for the purchase of tactical plate carriers and armor plates for the Hurst Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2016 Byrne JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2016 Byrne JAG is awarded,the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3) The Fort Worth Police Department—Program Support Division—Grants and Program Management Unit (PSD GPMU) will oversee the administration, procurement, and reporting of the Subrecipient's grant-funded activities. PSD-GPMU shall review, 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 $11,342.00 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 MOU between the City of Fort Worth,TX OFFICIAL RECORD and City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 1 of 8 CITY SECRETARY FT.WORTH,TX 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. B. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2016 JAG, collaboration to last throughout the life of the grant. 2) Meet all statutory, administrative, and other included requirements pertaining to administration,procurement,and reporting in connection with the FY 2016 Byrne JAG. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2016 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) Maintain full documentation supporting fulfillment of the requirements set forth above. All such documentation shall be furnished to Recipient upon request if necessary for Recipient to fulfill its obligations under the FY 2016 Byrne JAG Grant. If this documentation is not maintained and furnished to Recipient on request, Recipient may exercise all remedies available under this MOU, including the right to withhold payment to Subrecipient or terminate this MOU as described herein. 4) Submit to the Recipient monthly performance reports regardless of level of activity. In addition,the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods records and other programmatic or financial records,books,reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 150' 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 2016 Byrne JAG funds 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. 5) Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to the Grant Specialist, Grants and Program Management Unit,Fort Worth Police Department, 505 West Felix Street,Fort Worth,TX 76115 no later than the 15tb 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 MOU between the City of Fort Worth,TX and City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 2 of 8 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 2016 Byrne JAG funds that were expended to projects or activities during the previous month; and b. The amount of FY 2016 Byrne JAG funds that were obligated during the previous month. 6) Submit any and all proposed changes to the attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with the attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre-approval for deviations from budget may result in a denial of reimbursement. 7) 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 available to Recipient for investigation, examination and audits 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. PERFORMANCE. Recipient will monitor and evaluate Subrecipient's performance using the goals and performance standards required in this MOU. Substandard performance as determined by Recipient, including noncompliance with any applicable regulation, will constitute noncompliance with this MOU. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified in writing by Recipient,procedures to suspend or terminate the MOU will be initiated. 6. COMPENSATION. Payment by Recipient to Subrecipient shall require completion of all Recipient forms and copies of adequate supporting documentation verifying eligibility of expenses. Subrecipient will not commingle grant funds with any other funds in any manner that would prevent Recipient from readily identifying expenditures for the FY 2016 Byrne JAG grant. 7. SUBRECIPIENT MONITORING AND MANAGEMENT. A. Pursuant to 2 C.F.R. Section 200.331, the following information is applicable to Subrecipient's FY 2016 Byrne JAG Award: (1) Federal Award Identification—2016-DJ-BX-0716 MOU between the City of Fort Worth,TX and City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 3 of 8 (2) Subrecipient's Name—City of Hurst (3) Subrecipient's unique entity identifier—073-155-822 (4)Federal Award Identification Number(FAIN)—2016-DJ-BX-0716 (5)Federal Award Date—08/26/2016 (6) Subaward Period of Performance Start and End Date— 10/01/2015—09/30/2019 (7)Amount of Federal Funds obligated by this action- $552,581.00 (8)Total Amount of Federal Funds obligated to the Subrecipient- $11,342.00 (9)Federal award project description-—FY16 Justice Assistance Grant Collaboration with Fort Worth, Tarrant County, Arlington, Bedford, Hurst, and North Richland Hills. (10) Name of Federal Awarding Agency, Pass-Through Entity - Department of Justice passed through the City of Fort Worth (11)CFDA Number and Name - 16.738 Edward Byrne Memorial Justice Assistance Program (12) Identification of whether the award is R&D- This award is not being utilized for research or development. (13) Indirect cost rate for the Federal award-The Subrecipient did not request reimbursement for indirect costs. 8. CERTIFICATIONS. A. Subrecipient hereby assures and certifies that: 1. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victim of Crime Act(42 U.S.C. § 1064(e));The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 1231-34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);see Ex. Order 13279(equal protection of the laws for faith-based and community organizations). 2. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 3. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Subrecipient shall complete and submit Standard Form— LL, "Disclosure of Lobbying Activities," in accordance with its instructions. MOU between the City of Fort Worth,TX and City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 4 of 8 4. If any funds have been paid or will be paid to purchase law enforcement equipment, the Subrecipient shall comply with Executive Order 13688 ("Federal Support for Local Law Enforcement Equipment Acquisition"). The term "law enforcement equipment" includes, but is not limited to administrative equipment such as office furniture and computers. It also includes military and military-styled equipment, firearms, tactical vehicles, including property covered under 22 C.F.R. 121 and 15 C.F.R. Part 774. 9. POINTS OF CONTACT. A. Recipient The primary point of contact for Recipient is Janice Butler-McGowan, telephone number: (817) 392-1789, email address: Janice.butler-mcgowan@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Grant Specialist. Performance reports should be submitted by the Project Directors of the aforementioned FY 2016 Byrne Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115,Attention: Grant Specialist. B. Subrecipient The primary point of contact for Subrecipient is Kenya Meza, telephone number: (817) 788- 7131 email address: KMeza@hursttx.gov, mailing address: 825 Thousand Oaks Drive,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. 10. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B and any documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or 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. 11. 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. 12. INDEPENDENT CONTRACTOR. The parties to this MOU do not intend to enter into 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, MOU between the City of Fort Worth,TX and City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 5 of 8 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. 13. 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 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 parry 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. 14. TERM. This MOU will become effective on the date it is executed by both parties("Effective Date") and will remain in effect until the later of(1) expiration of the grant period or (2) submission of the final report regarding the FY 201-6 Byrne Justice Assistance Grant to the DOJ. 15. 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. 16. 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 parry, or(2) received by the other parry by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For the City of Hurst: Janice Butler-McGowan Clay Caruthers, City Grant Specialist Manager. City of Fort Worth Police Department 1505 Precinct Line Rd. 505 West Felix Street Hurst, TX 76054 Fort Worth, TX 76115 MOU between the City of Fort Worth,TX and City of Hurst,TX—Fiscal Year 2016 Byme JAG Page 6 of 8 17 TERMINATION. It is expressly understood and agreed by and between the parties that this MOU is wholly conditioned upon the actual receipt by Recipient of the FY 2016 Byrne JAG Grant; that all monies distributed to Sub recipient hereunder shall be exclusively form Federal funds received under said grant and not from any other monies of Recipient; and that if such funds are not timely forthcoming, in whole or in part, Recipient may, at its sole discretion, terminate with MOU and Recipient shall not be liable for payment for any work or services performed by Sub recipient under or in connection with this MOU. Either party may terminate this MOU at any time,by providing the other party with sixty(60) days' written notice of termination. Recipient may terminate this MOU whenever such termination is determined to by in Recipient's best interest, in event of Sub recipient default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. Termination will be effected by written notice to Sub recipient, specifying the portions of the MOU affected and the effective date of termination. Subrecipient shall be reimbursed for valid, eligible expenditures made prior to termination. Recipient will have no responsibility or liability for Subrecipient's expenditures or actions occurring after the effective date of termination. 18. 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 City of Hurst,TX—Fiscal Year 2016 Byrne JAG Page 7 of 8 ACCEPTED AND AGREED: ACCEPTED AND AGREED: CITY OF HURS CITY OF FORT `vv ORT : By: _ By: Clay Caruthe Valerie ic. Washington City Manager2 Assistant City Manager Date: J " Date: qI M h, APPROVED AS TO FORM APPROVAL RECOMME ED: AND LEGALITY: By: City of Hurst Joel F. Fitzgerald Chief of Police Printed Name: --J Date: Signature: Date: -3 APPROVED AS TO FORM AND LEGALITY: Contract Compliance Manager: By: By signing I acknowledge that I am the Jo ate " person responsible for the monitoring Ass' ant City Attorney and administration of this contract, including ensuring all performance and Date: porting requirements. Ce- &VIo,, —mt-4�?j �r Contract Authorization: 7a�meof Empl ee Title Date Approved: /0/// /6 ATTEST: By-j S 6z )bp Mary J. Kayser OFFICIAL RECORD City Secretary - pF F.... 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Z w ■ m ■ « 0 0 �tc 12 , /J Baa � § ) k w. � � \ mak \ \ 3 % ta ) _ `CL _ ts � ■ ■ a Q U � k § ts Mkt$ 22Aa x: ell � 2ot ta / 2 2 ■ 4 ® ® d � t 2 ■ © / © $ � � 2 � ■ o � ■ s / _ � , ■ � ■ ® - a � a t v ■ m a � ■ � § M '-r 4-4 O 00 00 ,M M N N N r-i 7-4 60, F14 co O E~ y U b U W b 0 z M M �r U b U W C/1 CE/1 V ti a a b � o c _L5 cU � F o o O o o U o 3 a a o o A ti o •v �sa+ wE W CA 0 cd o �, P1 9� WG�, C7xE- # U Exhibit B Award Document U.S.Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE I of 13 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2016-DJ-BX-0716 Cityof Fort Worth 505 West Felix Street 5.PROJECT PERIOD:FROM 1010112015 TO 09/30/2019 Fort Worth,TX 76115-3405 BUDGET PERIOD:FROM 10/01/2015 TO 09/30/2019 6.AWARD DATE 08/26/2016 7.ACTION 2a,GRANTEE IRSIVENDOR NO. 8.SUPPLEMENT NUMBER Initial 756000528 00 2b.GRANTEE DUNS NO, 073170458 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S552,581 FY 16 JAG Program 11.TOTAL AWARD $552,591 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FORGRANT This project is supported under FY16(BIA-JAG)42 USC 3750,et seq. 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grant program 15.METHOD OF PAYMENT GPRS ®� AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TIME OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell •Susan Alanis Director Assistant City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.S1 OF AUTHORIZED RECIPIENT OFFICIAL L9A DATE AGENCY USB ONLY 20,ACCOUNTING CLASSIFICATION CODES 2l. RDJUGT0492 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 552581 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 3 €) Bureau of Justice Assistance SHEET PAGE 2 OF 13 3 Grant I PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/26/2016 SPEML CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this 2016 award from the Office of Justice Programs(OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this 2016 award supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded in 2014 or earlier years),the Part 200 Uniform Requirements apply with respect to all funds under that award number(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the Office of Justice Programs(OJP)website at http://ojp.gov/funding/Part200UnifbnnRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OR promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently,the"2015 DOJ Grants Financial Guide"),including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2015,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at http://www.ojp.gov/traini4fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold("freeze')award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 09/20016 SPECIAL CONDITIONS 4. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(1),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MT)Q as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards 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 provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN )to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at http://www.sanLgoy. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at htip:/lojp.gov/fimding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http:i/ojp.gov/fundinglExplore/SubawardAuthorization.htm(Award condition: Award Condition: All subawards ("subgrants'7 must have specific federal authorization),and are incorporated by reference here. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION x� Bureau of Justice Assistance SHEET PAGE 4 OF 13 Grant PROJECT NUMBER 2016-DI-BX-0716 AWARDDATE 08/26/2016 SPECIAL CONDITIONS 8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if contract would exceed$150,000)),and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any Her,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding(Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 10. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section.3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 11. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act,and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee')at any Her--develops or delivers with OIP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htm. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice r Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 5 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/262016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period ofperformance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes Hiles that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under a-CFR"current" data. 17. Restrictions on"lobbying" Federal funds may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,modification or adoption of any law,regulation,or policy,at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient(or subrecipient)would or might fall within the scope cf this prohibition,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. OJP FORM 40002(REV.4-88) ` ,l U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDITIONS 18. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2016) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2016,are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by—(1)mail directed to:Office of the Inspector General.U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline©usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. OJP FORM 4000/2(REV.4-88) ` i U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ^ } Bureau of Justice Assistance SHEET PAGE 7 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDMONS 20. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient— a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. oth-a. it represents that-- (1) it has determined that no other entity that the recipienes application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any Rather obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. OJP FORM 400012(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION t V Bureau of Justice Assistance SHEET PAGE 8 OF 13 Grant PROJECT NUMBER 2016-D7-BX-0716 AWARD DATE 0812612016 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds, an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more arid,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://cjp.gov/fanding/Explore/FFATA.htm(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). 25. Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. OJP FORM 4000/2(REV.4-88) V� U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 13 >s Grant PROJECTNUMBER 2016-D7-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDITIONS 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOD's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.iLojp.goy/gsp_gmntcondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient maybe fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 29. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 31. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. 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. 32. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(internet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org).This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/tights,task force performance measurement,personnel selection,and task force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 33. The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request. OJP FORM 400012(REV.4-88) ` U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF U Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/20016 SPECIAL CONDITIONS 34. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. 35. 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 subgrantee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; 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(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www.ojp.usdoj.gov/BJA/resourceJncpa.hW,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-beari4g account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byme Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 40 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. 37. JAG funds maybe used to purchase vests for an agency,but they may not be used as the 5011/a match for purposes of the Bulletproof Vest Partnership(BVP)program. DIP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I1 OF 13 Grant PROJECT NUMBER 2016-DI-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDI7YONS 38. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:http://www.nij.gov/topics/technotogy/body-annor/safety- initiative.htm. 39. The recipient agrees to submit a signed certification that all law enforcement agencies receiving 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 subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency forbody armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the DOJ Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 41. The recipient agrees that finds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L.103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and fixture High Risk designation. 43. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-escalation of conflict,and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account,please register at https:/Iwww.bja.gov/profile.aspx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this 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 page at https://www.bja.gov/SucccssStoryList.aspx. 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here:https://www.bja.gov/fimding/IAGControttedPurchaseList.pdf DIP FORM 4000/2(REV.4-88) - U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION ' s1 Bureau of Justice Assistance SHEET PAGE 12 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDITIONS 46. The recipient understands that,pursuant to recommendation 2.1 of Executive Order 13688,law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on(a)Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to(a) Appropriate Use of Controlled Equipment;(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OJP's request,the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,with award funds by an agency will trigger a requirement that the agency collect and retain(for at least 3 years)certain information about the use of 1) any federally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here:https:/Iwww.whitehouse.gov/sites/defauittfiles/docs/le, equipment wg_final report final.pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time.The Prohibited Expenditure list may be accessed here:https://www.bja.gov/funding/lAGControlledPurchaseList.pdf. 50. Recipient understands and agrees that,notwithstanding 2 CFR§200.313,no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party,except as described below: a.Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List b.Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c.Agencies may not transfer or sell any Controlled Equipment purchased under this award to nan-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal. 51. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the signed Memorandum of Understanding(MOU)between the disparate jurisdictions and has issued a Grant Adjustment Notice(GAN)releasing this special condition. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 1 Bureau of Justice Assistance SHEET PAGE 13 OF 13 Grant i I PROJECT NUMBER 2016-DI-BX-0716 AWARD DATE 08/26/2016 SPECIAL CONDTTIONS 52. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of OR awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPIIS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, TAPIIS")within SAM are posted on the OJP web site at httpJ/ojp.gov/funding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. 53. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. 54. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BIA)has received documentation demonstrating that the recipient jurisdiction's public comment requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. 55. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Iustice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice(GAN) informing the recipient of the approval. 56. Withholding-Completion of"OJP financial management and grant administration training"required The recipient may not obligate,expend,or draw down funds under this award until--(1)OJP determines that the recipient's Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award have successfully completed an"OJP financial management and grant administration training"on or after January 1,2015,and(2)OJP issues a Grant Adjustment Notice(GAN)to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition,the recipient may contact the designated giant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OR will consider an"OJP financial management and grant administration training"for purposes of this condition is available at httpJAvww.ojp.gov/training(fmts.htin. All trainings that satisfy this condition include a session on grant fraud prevention and detection. OJP FORM 400012(REV.4-88) kip City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/11/2016 - Ordinance No. 22466-10-2016 DATE: Tuesday, October 11, 2016 REFERENCE NO.: C-27965 LOG NAME: 35JAG16 SUBJECT: Conduct Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2016 Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the Amount of$552,581.00, 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, Bedford, Hurst and North Richland Hills 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 Edward Byrne Memorial Justice Assistance Grant Fiscal Year 2016 Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in the amount of$552,581.00; 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, Bedford, 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; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount of$552,581.00, subject to receipt of the grant. DISCUSSION: The City of Fort Worth applied for a grant from the Edward Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year 2016 Program, 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, Bedford, Hurst and North Richland Hills and with Tarrant County. Pursuant to the application terms, the City of Fort Worth was required to negotiate with the other jurisdictions to develop a program budget and strategy. 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 2016 JAG Program. The cities and county included in the application have worked collaboratively under JAG programs since 2005. Logname: 35JAG16 Page 1 of 3 A total amount of$552,581.00 is available to be shared among the jurisdictions listed below and will be distributed in the following manner: JURISDICTIONS [------ PURPOSE AREA AMOUNT Fort Worth Police Equipment $270,161.00 Tarrant County Mental Health Liaison $138,146.00 Arlington FPolice Equipment/supplies t $112,417.00 Bedford Police Supplies/Uniforms $ 11,542.00 Hurst 1Police Supplies F-$ 11,342.00 North Richland Hills rolice Equipment $ 8,973.00 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 on a reimbursable basis. In the JAG Program application, the City of Fort Worth requested the amount of$225,584.00 for upgraded in-car video equipment. Transitioning to the latest generation of in-car video technology will enable the Fort Worth Police Department to harness wireless transmission of video, which allows for centralized storage of videos and provide savings long-term by reducing the need for external media. The remaining funds, which total $44,577.00, will be applied towards indirect costs. This Agreement will be effective on the date of execution through September 30, 2019. This contract will be with a governmental entity, state agency or public institution of higher education: United States Department of Justice. FISCAL INFORMATION /CERTIFICATION: The Director of Finance 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 Operating Federal Fund. Grant funds will be available on a reimbursement basis. FUND IDENTIFIERS (FIDs): TO Fund Department " ccoun Project Program ctivity Budget Reference # moun ID ID I Year i (Chartfield 2) FROM Cund? Departmecouk Project Program ctivity Budget Reference # moun ID ( ID Year (ChartField 2 CERTIFICATIONS: Submitted for City Manager's Office by: Valerie R. Washington (6192) Originating Department Head: Joel F. Fitzgerald (4140) Additional Information Contact: Sasha Kane (4243) Logname: 35JAG16 Page 2 of 3 ATTACHMENTS 1. 35JAG16 FY2016 AO 22393.docx (Public) Logname: 35JAG16 Page 3 of 3