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HomeMy WebLinkAboutContract 398709 1 1 • • Memorandum of Understanding Between The City of Fort Worth, TX and The City %J Bedford, TX 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 Bedford, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice, Bureau of Justice Assistance, Fiscal Year 2009 Recovery Act 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 2009 Recovery Act JAG, in compliance with the DOJ Program and American Recovery and Reinvestment Act of 2009 requirements. Once awarded, grant funds in the amount of $102,902 shall provide for five 4- door sedans and related emergency equipment for the Bedford Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated herein by reference the same as if fully copied and set forth at length. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2009 Recovery Act JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2009 Recovery Act 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 —Administrative Services Bureau —Grants and Contracts Management Division (ASB-GCMD), will oversee the administration, procurement, and reporting for the Subrecipeint's grant -funded activities and will act as the Fiscal Agent for the FY 2009 Recovery Act JAG Program funds. Additionally, ASB-GCMD will review and approve and/or request approval from DOJ of any written requests by subrecipient for modifications of attached budget (attached as Exhibit A). 4. The Recipient shall pay the Subrecipient an amount not to exceed $102,902 from available grant funds for approved services and expenses rendered in accordance with Interlocal Agreement Between The City of Fort Worth, TX and The City of Bedford, TX C�¢TY l�ET�RY T. WQRTH, TX B the terms of this upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this contract. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget (OMB) Circulars A-122 and 1-110. B. Subrecipient: 1. Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2009 Recovery Act JAG, collaboration to last throughout the life of the grant. 2. Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2009 Recovery Act 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 B to this MOU, entitled "Award Document", which is incorporated by reference as part of this MOU and (4) Exhibit C to the MOU, entitled "Recovery and Reinvestment Act of 2009" which is incorporated by reference as part of this MOU. 3. Submit to the Recipient monthly performance reports regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. "The monthly reports are due to the Recipient no later than the 5"' calendar day of the following month. The monthly performance reports must contain the following information: 1) A detailed list of all projects or activities for which FY 09 Recovery Act JAG were expended or obligated during the previous month, including — a) The name of project or activity; b) A description of project or activity; c) An evaluation of the completion status of the project or activity; and d) An estimate of the number of jobs created and the number of jobs retained by the project or activity. 2) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 4. Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to Sasha Kane, ASB- GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX Interlocal Agreement Between The City of Fort Worth, TX and The City of Bedford, TX Page 2 of 6 76102 no later than the 5'" calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic report from the Subrecipient. Reimbursements shall be made within 30 days receipt of said documents. The monthly RFRs and Vendor Report Forms must contain the following information: 1) The amount of FY 09 Recovery Act JAG funds that were expended to projects or activities during the previous month; 2) The amount of FY 09 Recovery Act JAG funds that were obligated during the previous month; 3) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 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 from Recipient. Failure to obtain pre -approval for deviations from budget may result in a denial of reimbursement. 6. Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. If any litigation, claim, or audit involving these records begins before the fifth (5) year period expires, the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- 4243, email address: sasha.kane(c��fortworthg_ov.org. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane a,fortworth og v.org. Performance reports should be submitted by the Project Directors of the aforementioned FY 2009 Recovery Act Justice Assistance Grant programs in writing to Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane a fortworth oy.org. Interlocal Agreement Between The City of Fort Worth, TX Page 3 of 6 and The City of Bedford, TX 4 B. Subrecipient The primary point of contact for Subrecipient is Kelli Agan, telephone number: 817-952- 2403, kelli.agan@ci.bedford.tx.us, mailing: 2121 L. Don Dodson Drive, Bedford, Texas 76021. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 6. ENTIRETY OF AGREEMENT. This MOU, consisting of six pages and exhibits, represents the entire and integrated agreement between the parties and supersedes all prior discussions and negotiations, representations and agreements, whether written or oral as related specifically to the U.S. Department of Justice, FY 2009 Recovery Act JAG. 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 five 4-door sedans and related emergency equipment as outlined. However, the parties to this MOU do not intend to enter a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or the City of Bedford. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Interlocal Agreement Between The City of Fort Worth, TX Page 4 of 6 and The City of Bedford, TX 10. EFFECTIVE DATE. This MOU will become effective on the date it is executed by both parties and remain in effect throughout the grant period. Each party represents that this MOU has been executed by a representative with the authority to contract on behalf of that party. This MOU is null and void if funds are not awarded. 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the City of Fort Worth: Sasha Kane Senior Contract Compliance Specialist City of Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 For the City of Bedford: KeIli Agan 2121 L. Don Dodson Drive Bedford, TX 76021 12. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the grant period or (2) the submission of the final report regarding the FY 2009 Recovery Act Justice Assistance Grant to the Department of Justice, unless one of the parties earlier requests termination or modification of the MOU, accompanied by 60 days' notice of such request. [The remainder of this page was intentionally left blank.] Interlocal Agreement Between The City of Fort Worth, TX Page 5 of 6 and The City of Bedford, TX CITY OF BEDFORD Beverly Queen City Manager Signature: )ate: APPROVED AS TO FORM AND LEGALITY: City of Bedford Stan Lowry City Attorney Signature: Date: Interlocal Agreement Between The City of Fort Worth, TX and The City of Bedford, TX CITY OF FORT WORTH Tom Higgins Assi tant City Manager Signature: 9 ski Gs Date: Z 41 �ch ATTEST: City Secretary O Date: APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant City Attorney p Signature: �. V��4 Dater- � (0 Authority M&C: C-2351$ Contract Number: CITY SECRETARY FT, Page 6 of 6 Exhibit A Qedford- $102,902 Budget Detail Worksheet D. E guipment Item Computation Cost Detective Vehicles Five each 4-door sedans $933584 Hideaway Red/Blue LED (headlight systems) Five units c$250 each $15250 Hideaway Red/Blue LED (taillights stems) Five units :t $390 each $11950 Front Grill (Red/Blue) Lights (2 per vehicle) Five units $180 each $900 Grill Light Mounts (2 per vehicle) Five units (a� $15 each $75 100 Watt Speakers Five units (a4 $140 each $700 Universal Speaker Mounts Five units n $20 each $100 Installation of above equipment & mobile radios (not listed above) Five units (Jt, $868.60 each $4,343 Equipment Sub -Total $102,902 Bud et Summa Budget Category Amount A. Personnel $0 B. Fringe $0 C. Travel $0 D. Equipment $1025902 E. Supplies $00 F. Construction $0 G. Consultants and Contractor Services $0 H. Other Costs $0 I. Indirect costs $0 TOTAL PROJECT COSTS $1029902 Federal Request, $1029902 Non -Federal Amount: $0 City of Fort Worth Bedford- $102,902 Budget Narrative A. Personnel: No funds are requested in this category. B. Fringe Benefits: No timds are requested in this category. C. Travel: No funds are requested in this category. D. Equipment: Funds are requested to purchase five �I-door sedans with related emergency equipment for use by Detectives assigned to the CID of the Bedford Police Department. These vehicles will be utilized in the field to interview witnesses and/or suspects, provide surveillance (in a unit that is not automatically identified as being a law enforcement vehicle), issue warrants for criminal arrest(s), transport detained subjects) to the police department, issue search warrants, respond to emergency incidents when needed or requested, and other duties as they relate to the function and responsibilities of a Detective. �. Supplies: No timds are requested in this category. G. Consultants and Contractor Services: No funds are requested in this category. H. Other Costs- No funds are requested in this category. I. [ndirect Costs: No funds are requested in this category. City of Fort Worth Exhibit B Department of Justice i01TIce Of Justice Programs Bureau Of Justice Assistance I RFCIi'Ih 1`47'41,11F\)I).JS f, In:'. UJnK [ip C, de) C,iy .f Firt'Nornh ISO Vest H.d;..lp Street -vt IA i!RANfEEIR5tf77t`t)R`JO� JtnrxJtJszs ]. PROIHCTTITLH FY 2009 Recovery Act MO Pmpsm ve (,fa0t �rlE I F I:1 13 7 ACT104 In;ual SJ SJ,IJ0,1(�� t1,IJI7,165 THE ABOVE GRANT PROJECT IS APPROVED SIJ31ECT TO ON THE ATTACHED PAGE(S), SUCII CONDITIONS OR I-IMITA (10NS AS ARE SFT FOR tl{ � h01Cl:Tl'fR1OD i P.OM IUDt,bli I'hH!t)U::ROM e A'�t'AaD Dn rE Jz ; I; ;oJyJ PPLIPMENT VIKIRFR 1 SI: �>n '+. rKEv)ous.><wARD ,1Mour,r 6. AkIOUNTOFyMIS AWARD I TOTAL 1'A',tRD I) SFAtVtURY,WTHORITYFORGRANT Ibis ,.ro;tcl it i;.PP"ttd under FY09 Reccncry Acl (BIA-Hyrne )A(j) Pub. L. Nu. I I I-S, 12 USC )750 )75d I S. METIfOD OF PA Y,NLNT PAPRS .-- ACENCYAPPROVAL r� 16, TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Buleh II Acting DIftCItN GR.�NTEE ACCEP7,1NOE 8. T5'PEDNAME. AND TITLEOFAUTHORILEDOR.4NTEEOFFWIAL R,m thKaJnt Asirtanl City tilmrQee 17.SIONATUREOFAPPROVINOOFFICIAL ---- --.-- �,� 19 SIGMA FURL• �;F AUTHftRILED HFCJPIFNT t)FF)CIAL -- �� ►i l9A D,4 TP. dJLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL RIND BUD. pry YEAR CODE ACT OFC. iiEO. SIJB t Lit I IS �NU1,`JT -9 i0 U al r_ iu'rJ) j i IF J:(A GTC O JP FqR R1 u:.�✓2,REV 1 Ja) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION �. `• SHEETSHEET ..� PIAGE 2 OF 10 Grant °Rp1FCTtYUMpER 'n09•SA1R9.1479 1WARDDATt? OVtI110p4 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial seal administrative requirements set forth in -the current edition of the Office of Justice Programs (0)P) Financial Guide, 2. The recipient acknowledges that failure to submit an acceptable Equal Employment O 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 of its Certified Asnuartces and me Opportunity Plan (iCrecipient is recipient is in compliance. y result in suspension or termination of funding, until such time as the 3. The recipient egrreea to comply with the organizational audit requirements of OMB Circular A• 133, Audits of Slates, Local Governments, and Non -Profit Organizations, that other related requirements may he imposed and further understands and a any other audits of ina grant ffindstlidit, are not satisfacatorily� and paudit rotnptly(add ssfro ai fM13 Ciircular Aed.-I may neld, or 3heudwithh� (and edition of the O1P Financial Guide, Chapter 19, 4. Recipient understands and agrees that it cannot use any federal Binds, either directly or indirectly, in support of the enactment, repel, modification o or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. S. The recipient must promptly refer to the Doi OIO any credible evidence that a principal, employee, subgrantee, subcontractor, or other person has either 1) submitted a false claim for Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflictran of interests u der the False contractor, suniler misconduct involving grant funds. This condition also applies to any subrecipients nPolena 1 tf a dwa 'Calms abuse, or misconduct should be reported to the 010 by . rY gratuity, or tneil: Office of the Inspector Gcnerel U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-rneil: Oig-liotlinc@usdoi.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG websile at www,usd0j.gov/oig, 6. RECOVERY ACT- Conflict with Other Standard Terms and Conditions Me recipient understands and agrees that all other iemas and conditions contained in d!!s award, 4rant policy itatemenes or guidance, pply unless ;hey conflict 0r are nuperseded by the terms and r in alp, ns ble1ncO eel h;re hat specifically implement the ,American Recovery and Reinvestment Act of ?C09, p, or it applicable OIP or "Recovery ,Act") requirements. Reerptents are responsible for car rblic Law 1 11.5 " c'anfications. .acting their grant rnnnagers ror an f cd y needed PROTECT NUMD[R f)epariment of Justice OIAce of Justice Programs Bureau of Justice Assistance 7009•SD•D9.1419 AWARD CONTINUATION SHEET AWARD DATE SPECIAL CONDITIONS Grant 07R 1/2009 PAG6 1 OF 10 The grantee agrees to assist BIA in complying with :he National Environmental Policy Act (NEPA), the National Iistoric ?reservation 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 B1A. The grantee understands that this special condition applies to its following new activities whether or rat they are being specifically funded with these grant funds, That it, as long as the activity is being conducted by the grantee, a 3ubgranta, 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•ycar 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 en Enviromnental Assessment and/or sn 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 (websitej, for programs relating to rnethamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: Fot• any of the grantee's or its aubgranteea' existing programs or BUivitiu that will be funded it these grant funds, the grantee, upon specific request From BJA, agrees to cooperate with BIA in any preparation by BJA of a national or program environmental assessment (that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives funded too BJA for faw enforcement information sharing system which involve interstate connectivity between jurisdiction, 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, 9. The grantee agrees to comply with all reporting, data collection and evaluation requiremcnta, as presentred by law end detailed by the 01A in program guidance Cur the Justice Assistance Grant (1AG) Program. Compliance with these requirements wilt 6e monitored by BJA. The recipient agrees that any information technology system Paraded or supported by pap (ands will comply with 28 C.F.R. Put 23, Criminal Intelligence Systems Operating Policic's, t(OJP determines This regulation to be applicable Should OJP determine 2g C F R Part 23 to be applic xr the regulationable, O1P may, at Its discretion, perform atxiits of the systan, as . �hoijld any violation of .8 L.F R. Part 23 occur, the recipient may be lined a, pn 42 U S C. I789g(c)-(d). Recipient may not satisfy iuch a fine with tedcral fundi- ;�Pro�~t Department of lultice Office of Justice Programs AWARD CONTINUA TION i► ilurcau of Justice Assistance SHEET ts ~ 7n0E 4 .JP 10 Grant PR0IF.CTNI;MRFR 2700.S8,89.1+19 AWARD DATE 01/1Ir2009 SPEC14L CONDITIONS 11. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytlzstion. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate In timndividuals receiving services from the e or place from the Department of Justice funded program, and participation in such activities by i 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 of services on the basis of a benefrcisrys religion. Notwithstanding any other spy al conditrmitted totiion iscriminate of this award, in the faiths ion based organizations may, in some cireumstartca, consider religion as a basis for http://www. ojp. guv/abuut/ocr/egwl_fbo.hirm. employment See 12. The recipieril agrees to ensure that the State Information Technology Point of Contact receive$ written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is ro facilitate communication among local and state governmental entities regarding vi noes inl'ortnation technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative the documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www it.ojp.guv/default aspx''areaRpolicyAndPraciice&page-1046. 13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used Io increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities: 14, RECOVERY ACT • JAC - Trust Fund The recipient is required to establish a tntst fund account. (The trust fund may or may not bean interestabearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (1AO) or Recovery JAC Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest eamcd) during the period of the grant. Grant finds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of tilt grant period, along with the final submission of the Financial Status Report (SF•269). 15. RECOVERY ACT - Access to Records; Interviews The recipient understand, and agrees that DO! (including OJp and ")a Omce of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have $tees$ to and the right la examine all records (including, but not limited to, books, papers, and documents) related to Ihis Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DO) and the GAO are authorized to interview Any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVERY ACT-Oneo-rime funding (he recipient understands ar.d agrees that as lids under the Recovery Act .well be one-time 3w3: Js and accordingly chat its proposed project 3ctiv roes and deliverables are to be accomplished .without additional DOJ tiinding. 'I> r�'fr�1 ur.vz �vEV r ia) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Crant PAtifi S OF 10 PRO1f:CTNUMAF.R :Ot19•S889.1a79 AWARD DATE 07gIQ0(M SPECIAL CONDITIONS 17. RECOVERY ACT Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DO1 award funds from norAccovery Act awards awarded for the same or similar purposes or programs, (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accouNing systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award ars not commingled with funds from any other source. The recipient further egrets that al! personnel (including utbrccipient personnel) whose sctivitla are to be cAarged to the award will maintain tunesheets to document hours worked for activities related to this award and non•awwd- Itlaled activities. 18. RECOVERY ACT Subawerds Monitoring The recipient agrees to monitor subawards under this Recovery Act award in accordance with all applicable statutes, regulations. OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 19. RECOVERY ACT — Subawarda —DUNS and CCR for Reporting The recipient agrees to work with its first•tier wbrecipients (if or to ensure that, no later than the due date of Inc recipient's first quarterly report after a subaward is made, the subrecipiertl has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT -Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to O1P. At present, these reports are to be submitted on-line (at hitps://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 43 days after the end Su each calendar quarter. The recipient understands that after October 13, 2009, OIP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 423 Federal Financial Report from (available for viewing at www.whitchouse.govlomb/grants/sundard forTns/tft.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to O1P ono line (at hops:/Igrants.ojp.usdoj.gov) using the SF 423 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. `iP h�=ttM tE}YL2 tFEV t..;8) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF t0 Grant PR0IFC7NL'h1AFR 1009-SA489.1.19 AWARD DATE 07f21/2009 SPECha CONDITIONS 11, RECOVERY ACT Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations,, and OMB A• 102 Common Rules Provisions (relating to Grants and Cooperative Agreements with State and Local Governments). (b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF•SAC) required by OMB Circular Am 133. "this condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A• 133, "Audits of States, Lucal Govemmen(s, and Non•Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows tinder Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying die name oCthe Federal program on the SEFA and as the first characters in Item 9d of Part 1I1 on the SF - SAC. (c) The recipient agrees to separately identity to caeh svbrecipient the Federal award nuritber, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information fumished to subrecipienis shall distinguish the subswards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrccipien(s to specifically identify Recovery Act funding on their SEFA nformation, similar to the requirementa Cor the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act finds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT —Reporting and Registration Requirements under Section 1512 uCthe Recovery Act, (a) This sward requires the recipient to plete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from ;here reports will be made available to the public. ( b) The reports are due no later than ten calendar days alter each calendar quarter; stance n which the recipient receives the assiaward funded in whole or in part by the Recovery Ach. (c) Recipients and their fint•tier recipients must maintain current registrations in the Central Contractor Registration (www ccr. guy) et all times during which they have active federal awards funded with Recovery Act hinds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requiremen a for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 15 12(e) of the Recovery Act using the reporting �nstmctions and data elements that will be provided online at www FederalReporting.gov and ensure biformaGon that ;s pre -filled 14 corrected or updated as needed that any �'!PF�R`4i�w��REV Lili Deparnnent oflvsUce 01111cc of lusnce Programs nureau of Justice ,Assistance PRO/ECTNUMHER :009-SBB9•IJ79 AWARD CONTINUA rU10N SHEET Crane AWARDDATB 07r11l2009 SPBCUL COND/T/Otis 23. RECOVERY ACT - Provisions of Section 1312(c) The recipient understands that section 1312(c) of the Recovery Act provides as follows; P10E 7 OF f0 Recipient Reports. Not eater than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit it report to that agency that contains-- (1) the tool amount of recovery funds received From that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activiticat and (3) a detailed list of all projects or activities for which recovery Funds were expended or obligated, including-- (A) the name of the project or activity; ('B) a description of the project or activity; (C) an evaluation of the completion status of the projector activity; A an estimate of the number ofjobs created and the number of jobs retained by the projector activity; and (E) for infrastructure investments made by state and local governments, the agency for funding the infrastructure investment with fonds made available under this Act, cost, and name rationale of the person o contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109.282), allowing aggregate reporting on awards below $23,000 or to individuals, as prescribed by the Director of the OtTice of Management and Budget. 24. RECOVERY ACT -Protecting State and Local Oovemment and Contractor WhisUeblowcn (Recovery Act, section 1333j The recipient recognize, that the Recovery Act provides certain protections against reprisals for employees of non - Federal employers who disclose infornution reasonably believed to be evidence of grata mane ement, substantial and specific danger to public health or safety, abuse of nurhority, or violations of law rotated to contracts awe, or g groat waste gnarl, using Recovery Act funds. For additional infomnation, refer to section 1333 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery, 25. RECOVERY ACT - Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any Stale or local govcrnnxnt, or any private entity, for construction toss or any other support of any casino or other gambling local governm, aquarium, too, golf course, ar swimming pool, 26. RECOVERY ACT _Infrastructure Investment (Recovery Act, sections The recipient agrees thI3 t 1 and 1602)at it may not use any funds made available under this Recovery Act award for infnsinrcture investment absent submission or satisRetory certificatlon under section tat l of the Recovery Act Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient muss submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from O1P. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and $hall use award funds in a manner that able At www, ozes)ob creation and economic benefits. The text of the Recovery Act (including sections I311 and 16U2) is available at www, ojp.usdoj.gov/recovery, F Department of Justice Office of Justice Promtns AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE I op IO Grant PRu)EcrNLINJEJER :009-SB-139-1119 AWARD DATE 071I000 SPECIAL COND/T/ONS 27. RECOVERY ACT Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy Amenean"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the O1P program office, and a Grant Adjustment Notice is issued that modifies this special condition to add goverttnient•wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1603, Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used In the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements, For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United Stales; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, darns, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, Pumping stations, heavy generators, railways, airports, tenninols, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwater, levees, and canals, and the construction, alteration, msintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been» (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least SO percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of O1P grants, projects involving construction, alteration, maintenance, or repair ofjails, detention facilities, prisom, public crime victims' rovision. shelters, police (hcties1 or other similar Projects will likely trigger this p NOTE: The recipient is encouraged to contact the OJP program manager — in advance — with any questions concerning this condition, including its applicability to particular circumaunces, Department of Justice Office of Justice Programs AWARD CONTINUATION '. ► Bureau Of Justice Assistance SHEET NAoe 9 of w Grant PROJECT NUMBER 4100SEl89.1479 AWARDDArE 07/2I1100e SPEC/AL CONDITIONS 28. RECOVERY ACT Wage Rate Requirements under Section 1606 of :he Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on Projects funded directly by or assisted in whole or In part by and through the Federal Government Pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter 1V of chapter 31 title 40, United States Code. Purswnt to ReorgaMzadon Plan No. 14 and the Copeland Act, 40 U.S.C. 3143, the Department of Labor has issued regulations at 29 CFR Parts I, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clausal set forth in that section, The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of 52,000 for construction, alteration or repair (including painting and decorating), (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their Initial Inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14, 29. RECOVERY ACT-NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environments! Policy Act (NEPA, 42 U.S.C. section 4321 of seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OIP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaword or contract) to undertake any activity that Iriggers these requirements, such as renovation or construction, (See 28 C.F.R. Pan 61, App, D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation Of the activities to be funded under this award, 30. RECOVERY ACT —Misuse of award fiords The recipient understands and agrees clot misuse of award funds may resuh in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, rccoupment of monies provided under in award, and civil and/or criminal penalties. JI. RECOVERY ACT — Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OJP (including government -wide) guidance and clarifications of Recovery Act requirements. 32, RECOVERY ACT - JAG to Delinquent section 1512(c) reports Me recipient acknowledges that it has certified that it will comply with all reporting requirements under section t512(c) of the Recovery Act. (An online reporting ma:haniarn is anticipated to ye available for award recipient use by October 10, 2009 ) Further to this certiflcation, a failure to comply with the section 1512(e) reporting requirements may, in addition to other penalties, subject the recipient to the following: (I) After failure to report section 151 2(c) data for two consecutive reporting periods, the recipient may be (a) precluded from .inswing down funds under any OJP sward, and/or (b) Jeerned ineligible fur Apure discretionary OfP .iwirds, until such lime as the recipient becomes currem in its section 1512(c) rcporting obligations; and (2) After failure ir croon section l 512(c) Fars for three consecutive reporting periods, the recipient, upon vnaen 'cm3nd of the Dircc!or of BIA, shall return to OJP any unexpended award funds (including .tray ane..lpon interest earned in tward funds) within 15 calendar days oi' the Jere of the Jcrndnd nulice. Thereafter, 'he cecipiendent'i award ;hall Ft corn Wed'u e cutt.reirnbursable grant until such 'arras u the recipient becnrnes currant in its section I S 12(w reporting obligations, and ;emams cur for not less C^an two additional consecutive reporting periods. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROTECT NUMBER :009 SB 89 1179 AWARD DATE 01/ItR009 SPECIAL CONDITIONS PAGE IO OF 10 J). Recipient may not obligate, expend or drowdown funds until the 8lveeu of Justice Assistance, Ufiice 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. )4, Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, OfRce of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing tho recipient of the approval. l5. Recipient may not obligate, expend or drowdown fktnds until the Bureau of Justice Assistance, Office oflustice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) intbnning the recipient of the approval. Exhibit tw Office of Justice Programs: Recovery Act information Page i of 9 Office of Justice Programs (OJP) Recovery Act Additional Requirements (Applicable to Programs Funded under the American aw 111-5) Recovery and Reinvestment Act of 2009, Public L On February 17, 2009, President Obama signed Into law the tandmarlc American Recovery and Reinvestment Act of 2009 (the "Recovery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight Internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring. DOJ Is committed to working with our national, state, local and tribal partnerships to ensure this funding invests in the American workforce. Successful applicants far awards under OJP Recovery Act programs must comply with various applicable requirements, including the following. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, ft creates a new Recovery Accountability and Transparency Board and a new website -- Recovery.gov on to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. As indicated in the "Accountability and Transparency under the Recovery Act" section of the program solicitation, awardees of Recovery Act funds must comply with the extensive reporting requirements, uarterly Man cial and programmatic reortinwill reporting be required; reports will be due withi Qn 10 calendar Jays after the end of each calendar quarter. Applicants for and recipients of awards may expect that a standard form(s) and/or reporting mechanism will be made available at a future date. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, all applicants for and recipients of awards of Recovery Act funds should be aware that Recovery Act section 1512(c) provides: (c) Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains. (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activilies; and (3) a detailed list of all projects or activdies for which recovery funds were expended or obligated, including-- (A)the name of the project or activity; (B) a description of the project or activity; (C) an avaluatian of the completion status of the project or ,activity; (D) an estimate of the member of jobs created amd the number of jobs retained by the nttp:;r,v�.vw �7jp.us�loj Gov/recovery,`,olicit.ationrequiremer�ts.jrtm 3-'ti'r7U9 Office of Justice Programs: Recovery Act Information Page 2 of 9 project or activity; and (E) for Infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure Investment, (4) Detailed information on any subcontracts or subgrants awarded by the recipi the data elements required to comply with ent to include the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to Individuals, as prescribed by the Director of the Office of Management and Budget. Section 1511 of the Recovery Act: Certifications (►f applicable) Section 1511 of the Recovery Act provldes- With respect to covered funds made available to State or local governments for infrastructure investments, the Governor, mayor, or other chief executive, as appropriate, shall certify that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the Infrastructure investment is an appropriate use of taxpayer dollars. Such certification shall include a description of the investment, the estimated total cost, and the amount of covered funds to be used, and shall be posted on a website and lInked to the website established by section 1526. A State or local agency may not receive infrastructure Investment funding from funds made available In this Act unless this certification is made and posted. Section 1602 of the Recovery Act: Preference for Qulck-Start Activitles (if applicable) Section 1602 of the Recovery Act provides - In using funds made available in this Act for infrastructure investment, recipients shaft give preference to acuvitles that can be started and completed expeditiously, including a goal of using aI least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit. Section 1604 of the Recovery Act: Limit on Funds Sectlon 1604 of the Recovery Act provides. None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private quarium, entity, for any casino or other gambling establishment, azoo, golf course, or swimming pool. Sectlon 1605 of the Recovery Act: Buy American (if applicable) Section 1605 of the Recovery Act provides. Use of American Iron, Steel, and Manufactured Goods, (a) None of the funds apprcpnated or otherwise made avarlabfe by this Act may be used for a project for the construction maintenance, or repair of a public building or public lmw* unless all of the iron, steelalteration,, manufactured goods used in the project are produced in the United States. and (b) Subsection (a) shall not apply in any case or category of cases In which the head of the Federal department or agency involved finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) 'ron, steel, and the relevant manufactured goods are not produced n the United States sufficient and 03ason ably available quantMes and of a satisfactory qualihl; , r in i.tlp:;,'�.vw�,v.ujp us��oj �ovlreco�.�eryr';olicit<�tionrequirernents.htm Office of Justice Programs: Recovery Act Information Page 3 of 9 (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that It Is necessary to waive the applicatlon of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish In the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Section 160t3 of the Recovery Act: Wage Rate Requirements (If applicable) Section 1606 of the Recovery Act provides - Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted In whole or in part by and through the Federal Govemment pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor In accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth In Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. Section 160T of the Recovery Act: Additional Funding Distribution and Assurance of Appropriate Use of Funds (if applicable) Section 180T of the Recovery Act provldes- (a) Certification by Governor -Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that; (1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth. (b) Acceptance by State Leglslature- If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. (c) Distribution- After the adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public -private entities within the State either by formula or at the State's discretion. Section 1609 of the Recovery Act: Relating to National Environmental Policy Act Section 1609 of the Recovery Act provides - (a) FINDINGS- (1)The National Environmental Policy Act protects public health, safety and environmental quality: by ensuring transparency, accountability and public Involvement In federal actions and in the use of public funds; (2) When President Nixon signed the National Environmental Policy Act into law on January 1, 1970, he Said that the Act provided the "direction" for the country to "regain a productive harmony between man and nature"; (3) The National Environmental Policy Act helps to provide an orderly process for considering federal actions and funding decisions and prevents ligation and delay that would othenvise be inevitable and existed prior to the establishment of the National Environmental Policy Act. (b) Adequate resources within this bill must be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized. (c) the President shall rQport to the Senate Environment and Public Works Committee and he I�ttpa;�.vww.vjp.us�iUf Gov/recuvery�solicitati«nrequirements.I'tm ?,�?d/'Otl9 Office of Justice Programs: Recovery Act Information Page 4 of 9 House Natural Resources Committee every 90 days following the date of enactment until September 30, 2011 on the status and progress of projects and activities funded by this Act with respect to compliance with National Environmental Policy Act requirements and documentation. Non -supplanting of State and Local Funds( applicable -- consult the program solicitation and the special conditions in the award document) Grantees must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result In a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer to the information provided at httn //www.oj usdo'. ov/recovery/suRola ggutdAncg nrm, Civil Rights Compliance As a condition for receiving funding from the Office of Justice Programs (OJP), recipients must comply with applicable federal civil rights laws, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Justice Department's regulation for the Equal Treatment of Faith -Based Organizations. Depending on the funding source, a recipient must also comply with the nondiscrimination provisions within the applicable program statutes, which may Include the Omnibus Crime Control and Safe Streets Act of 19680 the Victims of Crime Act, or the Juvenile Justice and Delinquency Prevention Act. Collectively, these federal laws prohibit a recipient of OJP funding from discriminating either in employment (subject to the exemption for certain faith -based organizations discussed below; see "Funding to Faith -based Organizations") or In the delivery of services or benefits on the basis of race, color, national origin, sex, religion, or disability, in addition, OJP recipients may not discriminate on the basis of age in the delivery of services or benefits. For more information on these laws, please click here. Compliance with Title VI of the Civil R(ghts Act of 1964, which prohibits recipients from discriminating on the basis of national origin in the delivery of services or benefits, entails taking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or activities. An LEP person is one whose first language is not English and who has a limited ability to read, write, speak, or understand English. To assist recipients in meeting their obligation to serve LEP persons, the Justice Department has published a guidance document, which is available at www.IQfzg.QY. The OJP encourages applicants and recipients to include within their program budgets the costs for providing interpretation and translation services to eligible LEP service populations. For technical assistance on complying with the civil rights laws linked to the receipt of federal financial assistance from OJP, please contact the Office for Civil Rig)�,q by telephone at (202) 30T-0690, by facsimile at (202) 616-9865, by TTY at (202) 307-2027, or by mail at the following address: Office for Civil Rights Office of Justico Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Funding to Faith -Based Organizations in 2002, Executive Order 13279 was issued and in 2004, the Department of Justice (DOJ) issued the regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. Part 38. In general, the Executive Order and re ulauou require funding organizations to treat faith -based organizations (FBOs) the same as any other applicant or recipient of DOJ funding, neither favoring nor discriminating against FBOs in making and administering grant awards, and require that FBOs be allowed to retain ,heir hrtp�i;:vww.,yip_u�doj.�uvirecoveryisolicitiitic�nrequiremcnts E�tm Office of Justice Programs; Recovery Act information Page 5 of 9 independence, autonomy, expression, and religious character when competing for DOJ financial assistance used to support social service programs and participating in the social service programs supported with DOJ financial assistance. The Executive Order and regulation also prohibit recipient FBOs from using Justice Department funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship, Funded FBOs may, of course, engage in inherently religious activities; however, these activities rnust be separate in time or location from the federally asslsted program. Moreover, funded FBOs must not compel program beneficiaries to participate in inherently religious activities. Funded falth-based organizations must also not discriminate on the basis of religion in the delivery of services or benefits. Some program statutes, including the Omnibus Crime Control and Safe Streets Act of 1968, the Victims of Crime Act, and the Juvenile Justice and Delinquency Prevention Act, contain express nondiscrimination provisions that prohibit all reclplents of funding under these statutes from discriminating on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoratbn Act (RFRA) is reasonably construed, on a case•by-case basis, to require that its funding agencies permit FBOs applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. If the statute that authorizes a DOJ funding program generally forbids consideration of religion In employment decisions by grantees, an FBO may receive DOJ funds and continue to consider religion when hiring staff if it meets the following criteria, 1. The FBO demonstrates that its program for which it seeks federal religion; funding is an exercise of 2. The FBO demonstrates that requiring it to either forgo its religious preference in the federal funding would substantially burden its exercise of religion; and hiring or forgo 3. The funding entity is unable to demonstrate that applying the nondiscrlminaton provision to this FBO would both further a compelling government interest and be the least restrictive means of furthering this interest. The OJP and state administering agencies will grant exemptions to the prohibition against hiring discrimination on the basis of religion in the program statutes on a case -by -case basis to FBOs that certify to the following, unless there is good reason to question its truthfulness: 1. The FBO will offer all federally -funded services to all qualified benetic(aries without regard for the religious or non-retigbus beliefs of those viduals; and 2. Any activities of the FBO that contain inherently religious content will be kept separate in time or location from any services supported by direct federal funding, and if provided under such conditions, will be offered only on a voluntary basis; and 3, The FBO is a religious organization that sincerely believes that providing the services in question is an expression of its religious beliefs; that employing individuals of particular religict s belief is important to its religious exercise; and that having to abandon its religious hiring practice to receive federal funding would substantially burden its religious exercise. FBOs that are seeking federal financial assistance under the Safe Streets Act, VOCA, and JJDPA as welt as an exemption to their prohibition against religious discrimination in hiring, must complete and retain an or/g/nal, signed document for their records (see sam"I), certifying to the Three provisions set forth above, and then, must work with OJP to attach it to the grant f1/e after receipt o/ an award. For more information, please consult OJp's office for_Cj�vll_Rights. http:if�,vw�.v ojp.usdoj.�ovirecovery�-solicitationrequirements.hrm vtttce of Justice Prograrts0 RCcovery Act Information Page 6 of 9 Connoentlailty and Human Subjects Protection (if appllcabie) U.S. Department of Justice regulations (28 CFR Part 22) require recipients of OJP funding to submit a Privacy Certillcate as a condition of approval of any grant application or contract proposal that contains a research or statistical component under which information identifiable to a private person"' will be collected, analyzed, used, or disclosed. The funding recipient's Privacy Certificate includes a description of its policies and procedures to be followed to protect the confidentiality of Identifiable data. 28 CFR section 22,23. The Department's regulations provide, among other matters, that: "Research or statistical information identifiable to a private person may be used only for research or statistical purposes." 28 CFR section 22.21. Moreover, any private person from whom Information identifiable to a private person is collected or obtained (either orally or by means of written questionnaire or other document) must be advised that the information will only be used or disclosed for research or statistical purposes and that compliance with the request for information is voluntary and may be terminated at any time. 28 CFR section 22.27, In addition, the Department of Justice has regulations with respect to the protection of human research subjects. See 28 CFR Part 46. In brief, 28 CFR Part 46 requires that research involving human subjects that is conducted or supported by a Federal department or agency be reviewed and approved by an Institutional Review Board (IRB), in accordance with the regulations, before Federal funds are expended for that research. As a rule, persons who participate In Federally -funded research must provide their "Informed consent" and must be permitted to terminate their participation at any time. Funding recipients, before they will be allowed to spend OJP funds on any research activity involving human subjects, must submit appropriate documentation to OJP showing compliance with 28 CFR Part 46 requirements, as requested by OJP. General Information regarding Data Confidentlallty and Protection of Human Research Subjects (and Model Privacy Certificates and other forms) can be found on the following web sites; www of .usdo'_ ov/forms.htm; ffl" oO Usdo_ L ov/niilfunding�humansubject�re ti� `!A^N QJR=`zSLGj.9oYLbJa[put?[pS�I/bjsmpg.adfi and �g1R.usd0J.gov/bjs/tundln .,.ah 9,�1. Anti -Lobbying Act The Anti-t.obbying Act (18 U.S.C. § 1913) recently was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the antl-tobbying restrictions enforceable via large civil penalties, with civil fines between $10,00o and $100,000 per each Individual occurrence of lobbying activity. These restrictions are In addition to the anti4obbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and Budget (OMB) Is currently In the process of amending the OMB cost circulars and the common rule (codified at 28 C.F.R. Part 69 for U.S. Department of Justice grantees) to reflect these modifications. However, in the interest of full disclosure, no federally appropriated funding made available under this grant program may be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express approval by OJP. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars. Financial and Government Audit Requirements Federal grants :are governed by the provisions Of the OA.i6 circulars applicable to financial assistance and OJP's Flrlanc�el Guide, which is available from the OJP'Neb site ( nan�iai �uir1� includes information on allowable costs, methods of �_Cp`,J�oJ.gov/c�c), me accounting systemspayment, audit requirements, administer funds, , and financial records. This document will govern how all successful applicants Audits of state and local u0ils of government, institutions of Mgher education, and oiler ��,�nprofit lutp:,,'w�,vw.ojp.us�Joj �ovrrecovery,'s��(icit;itionrerjuirCn�ents him (Jffice of Justice Programs: Recovery Act Information Page 7 of 9 institutions must comply with the organizational audit requirements of OMB circular A.133, which states that recipients who expend $500,000 or more of federal funds during their fiscal year are required to submit a single organization wide financial and compliance audit report to the Federal AU.Q Glean_nohouse within 9 months after the close of each fiscal year during the term of the award. National Environmental Policy Act (If applicable) Al! OJP awards are subJect to the National Environmental Policy Act (NEPA) and other related Federal laws, if applicable. 42 USC section 4321 et seq. The Department of Justice has established procedures to implement NEPA. See 28 CFR Part 61, The regulations state that "all federal agencies are required to give appropriate consideration to the environmental effects of their proposed actions in their decisionmaking and to prepare detailed environmental statements on ... major federal actions significantly affecting the quality of the human environment* 28 CFR section 61.2. Under the regulations, the Department of Justice, among other things, is required to "fcjonsider from the earliest possible point in the process all relevant environmental documents In evaluating proposals for Department actionf,r 28 CFR section 61.8. OJP has responsibility to ensure compliance with NEPA and 28 CFR Part 61, including Appendix D. For many projects that are funded by OJP, NEPA may have no applicability. However, if OJP funds will be used, for example, to pay for renovation projects or new construction, programs Involving the use of chemicals, or any other activity, Including research and technology development, that may have an effect on the environment, at a minimum, the funding recipient must provide a full description of proposed project activities to OJP, and an Environmental Assessment (EA) will need to be prepared. Prior to allowing a recipient to spend OJP funds for such a project, OJP must make a finding that the project does not significantly affect the human environment and that further environmental assessment is not necessary. DOJ Information Technology Standards (H applicable) As appropriate, all equipment and software developed under OJP awards must be compliant with U.S. Department of Justice information technology Interface standards, including the National criminal intelligence $harm tamer ,the Q�¢�,IugtLce XML Data Modal Sharing Plan (LElSP). A list of additional standards can be found at the Law Enforcement Information Q1P SkdildaCds Clearinghouse. Single Point of Contact Review Executive Order 12372 requires applicants from state and local units of government or other organizations providing services within a state to submit a copy of the application to the state Single Point of Contact (SPOC) it one exists and if the state has selected this state SPOCs Is available on the OMB Web site°g� for review. A list of Applicants must contact their state SPOCs to determine miwhey fe et�g onsibl programs have been selected for state review. The applicant should enter the date that the application was sent to the SPOC or the reason such submission is not required in Block 3 of the Overview section of the GMS application. Criminal Penalty for False Statements False statements or claims made in connection with OJP grants may result in fines, imprisonment, and debarment from participating in federal grants or contracts, and/or other remedies available by law. Compliance l+vith Office of Justice Programs Financial Guide Awardees must comply with the financial and administrative requirements set forth in the current edition of the office of .Justice Programs (OJP) Financia_ I GUide. Suspenslon or Termination of Funding lute t,ww.v ujp.usdoj ��w�recovery/solicitationrequirements.lttm I.nnce of ,justice Programs: Recovery Act Information Page 8 of 9 OJP may suspend funding in whole or in part, terminate funding, or Impose other sanctions on a recipient for the following reasons: • Failing to comply substantially with the requirements or statutory objectives of the appropriate Act, program guidelines issued thereunder, or other provisions of federal law. • Failing to make satisfactory progress toward the goals, objectives, or strategies set forth In the application. • Failing to adhere conditions, to the requirements in the agreement, standard conditions, or special • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding, • Falling to submit reports. • Filing a false certification In this application or other report or document. Before Imposing sanctions, OJP will provide reasonable notice to the recipient of its intent to impose sanctions and will attempt to resolve the problem informally. Hearing and appeal procedures will follow those In U.S. Department of Justice regulations In 28 CFR Part 18, Non-profit organizations !n aN OJP funded programs for which nonprofit organizations are eligible recipients or subrecipients, with the exception of those funded under authority of the Juvenile Justice and Delinquency Prevention Act, It Is Department of Justice policy that an organization can demonstrate its non-profit status in any one of four methods; 1. submission of proof of 501(c)(3) status from the internal Revenue Service 2. submission of a statement from the State taxing authority or State Secretary of State, or other similar official certifying that the organization is a nonprofit operating within the State, and that no part of its net earnings may lawfully benefit any private shareholder or individual; 3. submission of a certifled copy of the applicant's certificate of i or, ncorporation or similar document; 4. submission of any item above, if that item appNes to a State or national parent nonprofit affiliate, organization together with a statement by the State or parent organization that the applicant is a local , Ail nonprofit subrecipients of formula funds provided under the Juvenile Justice and Oeifnquency Prevention Act must have 501(c)(3) status recognized by the Internal r7evenue Service, For -Profit Organizations For -profit organizations that receive grant funds from OJP should be aware that additional special conditions are placed on awards to such organizations. Among other things, commercial organizations must agree not to make a profit as a result of an award and not to charge a management `ee for the performance of an award. Also, commercial organizations must agree to comply with the contract cost principles of subpart 31.2 of the Federal Acquisition Regulations. ;ittpr:tvti��.�,jp,us�ioj �ovirecov°r/�olicitattunrer{uirements.htm Utttce of Justice Programs: Recovery Act Information Page 9 of 9 Government Performance and Results Act (GPRA) Awardees must collect data (on a quarterly, semi-annually, or annual basis, as requested) appropriate for facilitating compliance with reporting requirements established by Public Law 103.62, the Government Performance and Results Act. The funding recipient must ensure that valid and auditable source documentation is available to support all data collected for each performance measure specified in the program solicitation. R(to In Intellectual Property in connection with OJP awards, the U.S. Department of Justice reserves certain rights with respect to data, patentable inventions, works subject to copyright, and other intellectual ro an award of Federal funds. See, e.g., 28 C.F,R. § § 66.34, 70.38, and 37 C.F.R. Part associated with Federal Funding Accountability and Transparency Act (FFATA) of 2006 Applicants that receive an award from the OJP should be aware of the requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, which calls for the establishment of a )(a single searchable website that Is accessible by the public and includes the following information for each Federal award: (i) TIN name of the entity receiving the award; (2) The amount of the award; (3} information on the award including the transaction type, funding agency, the North American Industry Classiticauon System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action; (4) The location of the entity receiving the award and primary location of performance under the award, including the city, state, congressional district, and coun(ry; (5) A unique identifier of the entity receiving award and of the parent y another entity; and, entity of the recipient, should the entity be owned b (6) Any other relevant information specified by OMB. Direct grant award information must be collected starting in FY 2007 and available for disclosure beginning in January 2008; subgrantee award data must be available beginning In January 2009. OJP will be responsible for collecting grantee information and providing it to the public website, using data provided by grantees through grants.gov and the Grants Management System. Additional information regarding these requirements will be provided when available. For updates, pease visit the FFATA website at www.fedspen4Ing.gov, itttp�%,,v,.vw.ojp.us,loj,S,�vir�covery;'solicitstionrequiremenls.htm M&C Review Page 1 of 3 Official site of the City of Fort worth, i exas DATE: 5/12/2009 REFERENCE NO.: C-23518 LOG NAME: 35JAGARRA CODE: C TYPE: NON -CONSENT PUBLIC YES HEARING. SUBJECT: Conduct Public Hearing and Authorize City Manager to Apply for and Accept, if Awarded, a $4,140,165.00 Grant from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Authorize the Execution of a Memorandum of Understanding with Tarrant County and the Cities Located in Tarrant County, Authorize the City of Fort Worth to Serve as the Cognizant Fiscal Agency and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing regarding the application for a grant from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program to allow the public an opportunity to comment as required under the grant application; 2. Authorize the City Manager to apply for and accept, if awarded, a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Recovery Act: Edward Byrne Memorial Justice Assistance Grant Formula Program, not to exceed $4,140,165.00; 3. Authorize the City Manager to Execute a Memorandum of Understanding to have the City of Fort Worth serve as the cognizant fiscal agency for the purpose of administrating this grant; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $4,140,165.00, subject to receipt of the grant. DISCUSSION: The Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows state and local governments to support a broad range of activities to prevent crime and to improve the criminal justice system. The City of Fort Worth, along with Cities of Arlington, Azle, Bedford, Benbrook, Crowley, Euless, Everman, Forest Hill, Grapevine, Haltom City, Hurst, Keller, Kennedale, Lake Worth, Mansfield, North Richland Hills, Richland Hills, Saginaw, White Settlement and Watauga are required to negotiate with Tarrant County to develop a program budget and strategy. All funds must be pooled, a spending plan must be developed and one agency must serve as the cognizant jurisdiction to apply for and disperse funds. A committee of all impacted law enforcement agencies developed an application strategy and the City of Fort Worth was selected to serve as the cognizant fiscal agency as it has for the past four years in connection with JAG Formula Programs. A total of $4,140,165.00 is available to be shared among the above listed jurisdictions and will be distributed in the following manner: Jurisdictions Purpose Area Amount City of Fort Worth Law Enforcement Programs $1,723,086.00 ittp://apps.cfwnet.org/council_packet/mc—review.asp?ID-1 1686&councildate=5/12/2009 3/4/2010 M&C Review Page 3 of 3 (VARIOUS 035423365050 GR76 5 $12,982.00 (VARIOUS 035423365060 GR76 5 $10,659.00 (VARIOUS) 035423365070 GR76 5 $51,929.00 (VARIOUS�035423365080 GR76 5 $10,796.00 (VARIOU � 035423365090 GR76 5 $35,530.00 (VARIOUS 035423365100 GR76 5 $37,034.00 (VARIOUS) 035423365110 GR76 5 $69,421.00 (VARIOUS) 035423365120 GR76 5 $78,713.00 (VARIOUS) 035423365130 GR76 5 $10,933.00 (VARIOU � 035423365140 GR76 5 $15,989.00 (VARIOUS�035423365150 GR76 5 $18,585.00 (VARIOUS) 035423365160 GR76 5 $38,400.00 (VARIOUS) 035423365170 GR76 5 $83,633.00 VARIOUS) 035423365180 GR76 5 9 019.00 (VARIOUS) 035423365190 GR76 5 $14,486.00 (VARIOUS) 035423365200 GR76 5 $24,188.00 (VARIOUS) 035423365210 GR76 5 $18,859.00 (VARIOUS) 035423365220 GR76 451891 035423365000 $4,140,165.00 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 35JAGARRA AO.doc Tom Higgins (1292) Jeffery W. Halstead (4210) Sasha Kane (4243) http://apps. cfwnet.org/council�acket/mc_review. asp?ID=11686&councildate=5/ 12/2009 3/4/2010