HomeMy WebLinkAboutContract 41175CITY SECRETARY
CONTRACT NO. � i-15_„_
Memorandum of Understanding
Between
The City of Fort Worth, TX
and
The City of Hurst, 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 Hurst, 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
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 JAG, in compliance
with the DOJ Program requirements. Once awarded, grant funds in the amount of $19,147
shall provide for officer training and equipment for the Hurst 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 JAG Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
grant.
2) After the FY 2009 JAG is awarded, the Recipient shall facilitate and manage the
grant throughout the life of the grant, as required by the grant award document.
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 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 $19, 147 from
available grant funds for approved services and expenses rendered in accordance with
the terms of this memorandum of understanding 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
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst,
Page 1 of 6
OFFICIAL RECORD
CITY SECRETARY
D!ORTH TY
11-24-1
provide the services under this grant. 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 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 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, and (3) Exhibit B to this MOU, entitled "Award
Document' , which is incorporated by reference as part of this MOU.
3. Submit to the Recipient monthly performance reports regardless of level of activity.
In addition, the Subrecipient shall submit program updates and other reports
requested by the Recipient and U.S. Department of Justice Bureau of Justice
Assistance 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 15th 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 JAG monies were
expended or obligated during the previous month, including —
a) The name of project or activity;
b) A description of project or activity; and
c) An evaluation of the completion status of the project or activity.
4. Submit monthly Request for Reimbursement (RFR) forms and vendor report forms
with an original signature by an authorized representative to Sasha Kane ASB-
GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX
76102 no later than the 15`h calendar day of the month following expenditures.
Reimbursements by the Recipient will not be made until after receipt of an acceptable
and approved RFR and a monthly programmatic report from the Subrecipient.
Reimbursements shall be made within 30 days receipt of said documents. The
monthly RFRs and Vendor Report Forms must contain the following inforration:
1) The amount of FY 09 JAG funds that were expended to projects or activities
during the previous month, and
2) the amount of FY 09 JAG funds that were obligated during the previous
month.
5. Submit any and all proposed changes to attached budget to the Recipient prior to any
expenditure deviation from approved budget. No expenditures inconsistent with
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst, TX
Page 2 of 6
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@fortworthgov.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@fortworthgov.org.
Performance reports shouldbe submitted by the Project Directors of the aforementioned FY
2009 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 fortworthgov.org.
B. Subrecipient
The primary point of contact for Subrecipient is Janet Grubish, telephone number: (817)788-
7131, email address janetg@ci.hurst.tx.us, mailing address: 1501 Precinct Line Road, 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.
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst, TX
Page 3 of 6
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 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 officer training and 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 Hurst. The
provisions of this MOU are severable and if for any reason a clause sentence, paragraph or
other part of this MOU shall be determined to be invalid by a court or federal or state agency,
board or commission having jurisdiction over the subject matter thereof, such invalidity shall
not affect other provisions which can be given effect without the invalid provision.
Any monies expended by a party under or in connection with this MOU must come from
funds currently available to that party.
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 Depat talent
350 West Belknap
Fort Worth, TX 76102
For the City of Hurst:
Janet Grubish
1501 Precinct Line Rd.
Hurst TX 76054
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst, TX
Page 4 of 6
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 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.]
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst, TX
Page 5 of 6
CITY OF HURST CITY OF FORT WORTH
W. Alien Weegar
ity Manager
Signature:
Date: ,�C%,
10
APPROVED AS TO FORM
AND LEGALITY:
City of Hurst
Printed Name: /
Signature:
nr,S,
Date: 51a/��d
Tom Higgins
Assistant City Manager
Signature:
Date:
ATTEST:
City Secretary
Date: 1 ` J V\\ °
A,, o0Qo
face
a
a FA-- 0 000o oop
o
a9,0
�1
APPROVED AS TO FORM AND � °�000Qo�„
LEGALITY: �a4���� 5P4
•
Monica Wofford Wood
Assistant City Attorney
Date: -) ?my( o
Authority
M&C: C-23518
Contract Number: L+k I, J�
Memorandum of Understanding between the City of Fort Worth, TX and the City of Hurst} TX
OFFICIAL RECORD
Page 6 of 6 CITY SECRETARY
�olORTH, TX
"vg-)"
Exhibit A
Hurst- $19,147
Budget Detail Worksheet
#,� i- erson1ieI
..:': v
.. .. ,.. .... .. ..:..: ... .. s;
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:<.;.
_
Position
Description
% on
Project
Total
No
funding
requested
in
this
category
Personnel
Sub
$0
-Total
ram.[:%
Position
(
Description
Total
No
funding
requested
in
this
category
Fringe Benefits
$0
Sub -Total:
t;
a. - _ _ sl.'�..a
i-.;,f i
_ ..Y.., _..b-i32��'isifi, w` SC�s- :9"Y �fil y- .:'�;+''.ixM� f_- ',d�:- y4�" :Y
r' Yw - ma -'�'
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£'"'�'i^ 3LX�
,.,
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i 'Vi-x• '.<'.,.0 L. ti
'.,. .: ^ Y'.T 54'$
S S�Cx y '�,`S,F
f ,... -..m t t .,-S.w<-.i�K'{-•
'.'x,
Cost
Computation
Purpose of
Location
Item
Travel
$54(2
days)
x
(40.5x
1
$594
Training
Austin,
TX
Per
Lodging
Mileage
Diem
4
day)
4
attendees
attendees
x
x $114/day
x
2 days
$912
$220
400
miles
x .55
per mile
Travel Sub -Total
$1,726
- _.2'.-` ?:.tn+
} . •fie?:
ter; fir-=<'-?: v- _ _
y
1_
tip
b1e7lt...:.
-. "... .. , _., .... , .. - .-.-.. _ , .., _
. .
Cost
Computation
Item
Scales
Calibration
of
Scales
4
4
x $1,250
x $1,700
1 x $3,000
1 x $
750
$5,000
$6,800
$3,000
$
750
Laptop
Computer
Printer
Equipment
Sub -Total
$15,550
i_ is
+ ) - vxj C.•. _ ss-�» ;'.: ,. '.'.^s � .:'.,'r ~.'_ ..'
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. A.:: : ;e'
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...'ram.: hYxx: i!'.�.,
.-.
, . _. a
Cost
Computation
Item
Uniforms
Software
1
4 x $300
x $671
$1,200
671
Supplies Sub
-Total
$1,871
_ ... ,`3 ::.�•. dte:
1-.i4 c.-✓"w
Vt.
rt.
:_ z.:..:: 1. -
, ..i..
Position
Description
% on
Project
Total
No
funding
requested
in
this
category
Construction
Sub
-Total
$0
,'-ri^?"'
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-
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:1.'....~:i
,;a ��
Jurisdictions
Description
% on Project
Total
in
this
I
No
funding
requested
category
Consultants
&
Contractors Sub
-Total
$0
City of Fort Worth
25 of 33
'�
-•yn
,CO
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C 5 . 7 �4 i; r.,..",".': i %J. ;:K. r. ..£ ts' 2'-,:
.. , . : i .... �a... n S .. Ii. �3,.-.
- f°a }�� �t, ' C,�`'b`
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.e f/a" - rr'�F�:�ik1SY
� _ -
_ `•�;�:
rsr!
Y'VN
Position (
Description
° o on Project
Total
No
funding
requested
in
this
category
Other
Costs Sub
-Total
$0
:,-> ._<_.. •-. s:
�T.i
��...y.
.. ....
...o. �.. ...... �_ s.., _.. .t.
.3k.::
.� ... .. ^a - _ .".}..'_ -
i � �a�
'+zl`;G� ti� '3+� tiw '�C..� <�:f-`.a ....,... ,.. ., `:�-.it.-.
:�::X;". ..
S:f - z't. - "--- n;'>.. ';
i..i'r •'-�i':'�.ie h,
.. vy:j'=:'�
;
Position
Description
f % on
Project
Total
No
funding
requested
in
this
category
Indirect
Costs Sub -Total
$0
'v
`.3L',-.'¢. !d" {�`.
`E a3Y' <:::}..:i 1 - '%.:}.x �:�3::� - 'a71j".',?:
:Y.2`:�. T`_ i"4.i }-4'•,�.� �;? .L:nf-cR..
l ���
^ `�.t.iCf
-_ `":. � :.f��'.i•�. '.: ; °-; r i- -�<;.c_
T
Budget
Category
Amount
A.
Personnel
$0
$0
B.
Fringe
C.
Travel
$1,726
D.
Equipment
$15,550
$1,871
E
Supplies
$0
F.
Construction
G.
C
Consultants
and
Contractor
Services
$0
H.
Other
Costs
$0
I.
Indirect
costs
$0
TOTAL
PROJECT
COSTS
$19,147
Federal Request:
$19,147
Non
-Federal
Amount:
$0
City of Fort Worth
26 of 33
Hurst- $19,147
Budget Narrative
A. Personnel: No funds are requested in this category.
B. Fringe Benefits: No funds are requested in this category.
C. Travel: $1,726
Funds are requested in this category to send 4 officers to Austin to obtain certification in order to
participate in the Texas Department of Public Safety Commercial Vehicle Safety Alliance.
Federally approved per diem rates will be used for lodging and meals as well as state approved
mileage rate.
D. Equipment: $15,550
In order to participate in this program, 4 scales need to be purchased. Each scale requires a
yearly calibration. A laptop computer is needed for this program.
E. Supplies: $1,871
Software and uniforms need to be purchased to participate in this program.
F. Construction: No funds 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. Indirect Costs: No funds are requested in this category.
City of Fort Worth
27 of 33
Exhibit B
16. TYPED NAME AND
James H. Burch II
Acting Director
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Fort Worth
350 West Belknap Street
Fort Worth, TX 76102
IA. GRANTEE 1RSNENDOR NO.
756000528
3. PROJECT TITLE
FY 2009 Justice Assistance Grant Program
Grant
4. AWARD NUMBER: 2009-DJ-BX-1379
5. PROJECT PERIOD: FROM 10/01/2008 TO 09/30/2012
BUDGET PERIOD: FROM 10/01/2008 TO 09/30/2012
PAGE 1 OF 5
C6. AWARD DATE 08/28/2009
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
I. TOTAL AWARD
7. ACTION
Initial
$0
$ 961,198
$ 961,198
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT 1S APPROVED SUI3JECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTI IORITY FOR GRANT
This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula)
• 15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
TITLE OF APPROVING OFFICIAL
17. SIGNATURE OF APPROVING OFFICIAL
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD.
YEAR CODE ACT.
X B D1
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Dal.-Erissder w 1.on a\ \ \i o, r, S
City-Mnnabee— Ass ,54':.•:k C`�t�' rr\a.rsr.r�Cv-
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL . 19A- DATE
AGENCY USE ONLY
21. IDJUGT3728
DIV.
OFC. REG. SUB. POMS AMOUNT
BO 00 00
961198
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
APPROVED AS TO FORM AND LEGALITY:
t,(,tmkChi
51CITY ATTORNEY
J- it
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-DJ-BX-I379 AWARD DATE 08/28/2009
PAGE 2 OF 5
SPECIAL CONDITIONS
I . The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such rime as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of' interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.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 website at www.usdoj.gov/oig.
OJP FORM 4000/2 (REV. 4-88)
•
Department ofJustice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 OF 5
Grant
PROJECT NUMBER 2009-DJ-BX-1379
AWARD DATE 08/28/2009
SPECIAL CONDITIONS
6. 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 cotplying 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.ofp.usdoj.gov/BJA/resource/nepa.lttml, 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.
7. 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 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.
8. To support public safety and Justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this giant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
hup://www.niem.gov/implementationguide.php.
9. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing
account.) The fund, including any interest, may not be used to pay debts or expenses Incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant fimds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau ofJustice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial
Status Report (SF-269),
OJP FORM 4000/2 (REV. 4-88)
•
•
Department ofJustice
Office ofJustice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET PAGE 4 OF 5
Grant
PROJECT NUMBER 2009-DJ-BR-I379 AWARD DATE 08/28/2009
SPECIAL CONDITIONS
10. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and
detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these
requirements will be monitored by BJA.
11. 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 dctennine 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. Pari 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a line with federal funds.
12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regarding various information technology
projects being conducted with these grant funds. in addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page =1046.
13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department ofJustice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Dept Intent ofJustice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization, Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion, Notwithstanding any other special condition of this award. faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equa I_fbo.htm.
14. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
15. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office ofJustice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
16. 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 infonnation. 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.
17. The recipient agrees that funds received under this award will not be used to supplant State or local fonds, 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.
OJP FORM 40000 (REV. 4-88)
•
•
Department ofJustice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET
Grant
PROJECT NUMBER 2009-DJ-BX-1379 AWARD DATE 08/28/2009
PAGE s of s
SPECIAL CONDITIONS
18. The grantee agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task
force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete
required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force
Integrity and Leadership. This training will address task force effectiveness as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. Additional information will be provided by BJA regarding the required training and access methods via
BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
19. Recipient may not obligate, expend or drawdown funds until the Bureau ofJustice 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.
20. Recipient may not obligate, expend or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice
Programs has received documentation demonstrating that the state or local governing body review and/or community
notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special
condition.
OJP FORM 4000/2 (RED'. 4-88)
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/27/2009 - Ord. No. 18889-10-2009
DATE Tuesday, October 27, 2009 REFERENCE NO.: C-23881
LOG NAME: 35JAG09
SUBJECT:
Conduct Public Hearing and Authorize the City Manager to Ratify the Application for and to Accept, if
Awarded a $961,198.00 Grant from the Fiscal Year 2009 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 City Manager to Execute the Grant Agreement for Acceptance of
Grant Funds and a related Memorandum of Understanding with Tarrant County and Cities Located in
Tarrant County; Authorize the Use of Anticipated Interest in the Amount of $16,000.00 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 Fiscal Year 2009 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 ratify the application for and to accept, if awarded, a grant from the
United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Fiscal
Year 2009 Edward Byrne Memorial Justice Assistance Grant Formula Program, not to exceed
$961,198.00;
3. Authorize the City Manager to Execute a Memorandum of Understanding with Tarrant County and cities
located within Tarrant County to designate (1) the City of Fort Worth as the cognizant fiscal agency for the
purpose of administrating this grant and (2) the manner in which the grant money will be disbursed and
utilized;
4. Authorize the use of anticipated interest in the amount of $16,000.00; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $977,198.00 subject to receipt of the grant.
DISCUSSION:
The Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows
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 the Cities of Arlington Bedford, Euless, Forest Hill,
Grapevine, Haltom City, Hurst, Mansfield and North Richland Hills are required to negotiate with Tarrant
County to develop a program budget and strategy A majority of the cities included in this application have
worked on collaborative projects for the past 20 years including intelligence sharing, crime analysis,
juvenile and adult drug treatment and the 2005-2008 Justice Assistance Grant (JAG) Formula and
Recovery Act JAG Programs. Following the announcement of the Fiscal Year 2009 JAG, representatives
from the following agencies met and agreed that the City of Fort Worth should again serve as the
cognizant agency for the Fiscal Year 2009 JAG Formula Program.
A total of $961,198.00 is available to be shared among the below listed jurisdictions and will be distributed
in the following manner:
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Page 2 of 3
JURDISDICTIONS
City of Fort Worth
Tarrant County
Arlington
Bedford
Euless
Forest Hill
Grapevine
Haltom City
Hurst
Mansfield
N orth Richland Hills
PURPOSE AREA
Marked Police Patrol Vehicles
Court and Liaison Programs
P olice Supplies (Minor Equipment)
P olice Vehicle/Equipment
ID Card/Encoder Machine
Electronic Control Devices
Conference Room Furniture
Equipment (Investigations)
Officer Training and Equipment
Crime Analyst Program
Electronic Control Devices
AMOUNT
$419,144.00
$165,559.00
$255,462.00
$ 25, 031.00
$ 12,632.00
$8,643.00
$9, 008.00
$16, 887.00
$19,147.00
$9, 341.00
$20,344.00
N o matching funds are required. Fort Worth is responsible for submitting the full grant application and will,
upon receipt of the grant funds, distribute funding to the other jurisdictions, as agreed among the above
entities.
The City of Fort Worth's funding will provide for 19 new marked patrol units for front line patrol and
N eighborhood Patrol Officers (NPO) Once grant funds are awarded the marked units will be ordered
through an existing City contract awarded through a competitive bid process. No grant funding is being
requested for the labor, installation or purchase of the associated public safety equipment for the vehicles.
Grant funds totaling $419,144.00 will be used to purchase 19 vehicles at a cost of $22,060.21 each.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
GR76
451891 035423403000
441012 035423403000
5(VARIOUS) 035423403010
539120 035423403020
539120 035423403030
539120 035423403040
539120 035423403050
539120 035423403060
539120 035423403070
539120 035423403080
539120 035423403090
539102 035423403100
539120 035423403110
5(VARIOUS) 035423403120
$961 198.00
$16,000.00
$419,144.00
$165,559.00
$255,462.00
$25,031.00
$12,632.00
$8,643.00
$9,008.00
$16,887.00
$19,147.00
$9,341.00
$20,344.00
$16,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Tom Higgins (6292)
Jeffrey W. Halstead (4210)
Sasha Kane (4243)
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11/24/2010
Page 3 of 3
ATTACHMENTS
1. 35JAG09 AO doc (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12276&print=true&DocType=Print 11/24/2010