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HomeMy WebLinkAboutContract 39868Memorandum of Understanding Between The City of Fort Worth, TX and The City of Mansfield, TX CITY SECRETARY CONTRACT NO, 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 Mansfield, 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 $38,400 shall provide for a new part-time crime analyst position with fringe benefits, travel and computer equipment for the Mansfield 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 $38,400 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 Mansfield, TX OFF; s: CITY ?SECRETARY worm*Far, TX Page 1 of 6 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 5t1i calendar day of the following month. The monthly performance reports must contain the following infoutiation: 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 infoutiation 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 foinis 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 Page 2 of 6 and The City of Mansfield, TX 76102 no later than the 5th 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 Fauns must contain the following infoiivation: 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@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@a,fortworthgov.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@fortworthgov.org. Interlocal Agreement Between The City of Fort Worth, TX Page 3 of 6 and The City of Mansfield, TX B. Subrecipient The primary point of contact for Subrecipient is First & Last Name, telephone number: (xxx) xxx-xxxx, email address: xxxxxx, mailing address: Street, City, Texas, zip code. 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 a new part-time crime analyst position with fringe benefits, travel and computer equipment for the Mansfield Police Department 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 Mansfield. 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 Mansfield, 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 Mansfield: First & Last Name Street Address Mansfield, TX zip code 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 Mansfield, TX CITY OF MANSFIELD First & Last Name Position Signature Date: R-3o-d1, APPROVED AS TO FORM AND LEGALITY: City of Mansfield Position Printed Name: �q /wiGw(J1'a f✓ Signature: 4,4 Date: � 770? Interlocal Agreement Between The City of Fort Worth, TX and The City of Mansfield, TX CITY OF FORT WORTH Tom Higgins Assistanj City Mager Signature: Date: ATTEST: City Secretar Date: 4a) Aff APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant City Attorney WiNettA14 MAP Signature: Date: a i Jio Authority M&C: C-23518 Contract Number: 00O000d°°cisal OFFICIAL RECORD CITY SECRETARY FT. WORM Page 6 of 6 Exhibit A Mansfield- $38,400 Budget Detail Worksheet A. Personnel Position Description % on Project Total Crime Analyst Part -Time Position for Crime Analyst 100 $35,360 Personnel Sub -Total $35,360 B. Fringe Benefits Position Description Total Crime F.LC A. and Medicare Taxes @ 7.65% (Part time employee @ less than Analyst 1,000 hours per year not eligible for Texas Municipal Retirement System) $2,705 Fringe Benefits Sub -Total: $2,705 C. Travel Purpose of Location Item Computation Cost Travel Staff to Fort TX Registration Per diem $100 $350 hours to attend training $510 5 day Problem by Crime Int'l training Analysis Assoc. Analysts in of $1,060 $100 30 Training Worth Fuel Additional Staff Training to Grand Prairie TX Registration Per Fuel Additional diem $100 $100 30 $375 hours to attend training $510 5 day Crime Analysis Assoc. Analysts training Mapping of by Crime Int' in and 1 $1,085 Sub -Total $2,145 Travel E. Supplies Cost Item Computation Computer and related software for crime analyst Unit cost X 1 $2,500. = $2,500 = $2,500 Equipment Sub -Total Budget Summary Budget Category Amount A. Personnel $35,360 B. Fringe $2,705 C. Travel $2,145 D Equipment $0 E Supplies $2,500 F. Construction $0 G. Consultants and Contractor Services $0 H. Other Costs $0 I. Indirect costs $0 TOTAL PROJECT COSTS $42,710 Federal Request: $38,400 Non -Federal Amount: $4,310 City of Fort Worth 42of53 Mansfield- $38,400 Budget Narrative A. Personnel: $35,360 is requested in this category. This will allow for the creation of a new part-time position of crime analyst. The position will allow for 10 hours per week at $17/hour for a period of 4 years. B. Fringe Benefits: $2,705 is requested in this category. This amount is 7.65% of the above which allows for F.I.C.A. and Medicare taxes. No other fringe benefits will be provided to a part-time employee at less than 1000 hours/year. C. Travel: $2,145 is requested in this category. This will allow for the crime analyst to attend two 5 day training sessions during the 4 year period. This training is conducted by the International Association of Crime Analysts in the local area. This amount also allows for the crime analyst to be paid while attending this training. D. Equipment: No funds are requested in this category_ E. Supplies: $2,500 is requested in this category. This will allow for the crime analyst to be supplied with a computer and software necessary for the job. G. Consultants and Contractor Services: No funds are requested in this category. I. Indirect Costs: No funds are requested in this category City of Fort Worth 43 of 53 Exhibit B Department of Justice Office of Justice Programs Bureau of Justice Assistance 1 RECIPIENT NAME AND ADDRESS {Including Zip Code) City of Fort Worth t50 Wett BNiflip Surer xt Worth, TX 76102 IA. GRANTEE IRS/VENDOR Na 1 Sb1J00528 3. PROJECT TITLE FY 2009 Recovery AcI JAG Program Grant 4 AWARD NUMBER: '009-38.439.1479 5. PROJECT PERIOD. FROM BUDGET PERIOD: FROM PAGE I OF 10 03,VIR009 TO u2RRr2.0I3 030V IG009 TO ;4.Q8R013 6. A WARD DATE 07,212009 12, SPECIAL CONDITIONS FHB ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 7. ACTION 8. SUPPLEIMENT.Nti\4BFR 00 9. PREVIOUS AWARD AMOUNT S0 10. AMOUNT OF T1i1S AWARD 54,140,165 11. TOTAL AWARD 13. STATUTORY AUTHORITY FOR GRANT This ?ru;ect is tr:pported under FY09 Recovery Act (81A-Byrne JAG) Pub. L. Nu. 111-5. 42 USC 3750-3758 15. METHOD OF PAYNIENT PAPRS AGENCY APPROVAL i 18GR iNTEE ACCEPTANCE 1 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL �. . TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFKIAL James H. Burch II FernHiggins Acting Dircclor Assistant City Manager 17. SIGNATURE OF APPROVING OFFICIAL • $4,T40,165 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A. DAre AGENCY USE r,rILY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. D1V. YEAR CODE ACT. OFC. REO. SUB. POLES AMOLNi 9 J ;9 40 ;0 �4 4:10163 OJP i-ORM d.lj.»2IREV_ i 81) PR1',`I01) EDITIONS AR.E OBSt E. TE. OJP FORM 4t)tyy2 (REV. 8) i 21. ISBLGT7082 Department oflustice Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECT NUMBER 1009-SB•B9.1479 AWARD DAre 07/21/2009 PAGE 2 OF 10 SPEC/AL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the cunent edition of the Office of Justice Programs (O/P) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity required to submit one pursuant to 28 C.F.R, Section 42.302), that is approved by the Ofce for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of fit dingunl such (t me as the is 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 an y) from Circular A-I3any other audits of OJP grant finds) are not satisfactorily and promptly addressed, asOMB further described in3 haudits (an e currentd edition of the OIP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirec enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. UY, in support of the 5. The recipient must promptly refer to the D0101G 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 civd violation of laws pertaining to fraud conflict of interest, bribery, 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 . gratuity, or 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, 6, RECOVERY ACT - Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terns and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here :hat specifically implement the American Recovery and Reinvestment Act of 2 or "Recovery Aci") requirements Recipients are responsible for contacting their grant managers forr any needed �~ c'aritications, Ow ("OR.M 4000/2 (REV 4- MO Department ofJustice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 3 OF 10 Grant PROJECT NUMBER 2009•SB•E9•1479 AWARD DATE 07121R009 SPECIAL CONDITIONS 7. 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 ofa property located in an environmentally or historically sensitive area, including properties located within a t00•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 ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation ofa new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for example in office, household, recreational, or education environments; and e. Implementation ofa program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee funkier understands and agrees to the requirements for implementation ofa Mitigation Plan as detailed at [wankel, for programs relating to rnethamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgranteea' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BIA in any preparation by WA ofa national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for taw enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall ernploy, 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 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. 10. 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 OW determines this regulation to be applicable. Should OJP determine 28 C.F.R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. OJP FORM 1r400/2 REV r 88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 4 of 10 Grant PROJECT NUMBER 2009-S9-89.1479 A WARD DATE 07/21/2009 SPEC/AL CONDITIONS I I. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Deparment 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 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 of Justice 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/aboutiocr/equaLfbo.htm. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives wrinen notification regarding eny 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 venous information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative tile documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www. it. o jp, gav/de fault. aspx?arear*polieyAndPraetice& 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 to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 14. RECOVERY ACT - JAG - Trust Fund 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 either the Edward Byme Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. 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 funds (including any interest tamed) not expended by the end of the gram period must be returned to the Bureau of Justice Assistance no later than 40 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 15. RECOVERY ACT — Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipicnt, contractor, or subcontractor) regarding transactions related to this Recovery Act award. 16. RECOVERY ACT — One-time funding The recipient understands and agrees that awards under its proposed project activities and deliverables are to be OJP FORM 4n)0f2 (REV t•A8) the Recovery Act will be one-time awards and accordingly that accomplished without additional DOJ funding. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 5 OF 10 Grant PROJECT NUMBER 2009-SB-89-1479 AWARD DATE OMinoo9 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 DOJ award funds from non -Recovery 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 accounting systems of the recipient and all subrecipients must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award - related activities. 18. RECOVERY ACT Subawards 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 subrecrpients. The recipient ogrees to submit, upon request, documentation of its policies and procedures for monitoring ofsubawards under this award. 19. RECOVERY ACT — Subawards — DUNS and CCR for Reporting The recipient agrees to work with its first -tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient 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 OJP. At present, these reports are to be submitted on-line (at httpsi/grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP 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 425 Federal Financial Report from (available for viewing at www.whitehouse gov/omb/grantsistandard_formsiffr.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 OJP on• line (at https://grants.ojp.usdoj.gov) using the SF 425 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. O1P FORM 1070/2 (REV. i.38) Department of Justice Office ofiustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROIFCr NUMBER 2009-S13-89.1479 AWARD DATE 01!2V2009 PAGE 6 OF 10 SPECIAL CONDITIONS 21. 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 rot Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Fonn (SF -SAC) required by OMB Circular A-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, Local Governments, 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 under Item 9 of Part I11 on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characten in Item 9d of Part III on the SF - SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, 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 fiends for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act binds 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 of the Recovery Act, (a) This award requires the recipient to complete 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 these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (www.ccrgov) at all limes during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section I5I2(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. OJP FORM 4000,2 (REV. 1.88) Department of Justice Office of Justice Programs Bureau oaJustice Assistance PROTECT NUMBER 2009-SR-B9-1479 AWARD CONTINUATION SHEET Grant AWARD DATE 07/21/2009 PAGE 7 Of 10 SPECIAL CONDITIONS 23, RECOVERY ACT — Provisions of Section 15I2(c) The recipient understands that section I S 12(c) of the Recovery Act provides as follows; 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 activities; 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 project or activity; (D) an estimate of the number ofjobs created and the number ofjobs retained by the project or activity; and (E) for infrastructure investments made by state and local governments, the cost, and rationale of the agency for funding the infrastructure investment with funds made available undeerthis 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 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 525,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24, RECOVERY ACT — Protecting State and Local Oovemment and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non - Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 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 State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OIP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www,ojp.usdoj.gov/recovery. OIPFORMaix)0Y2tREV t88) Department of Justice Office ofiustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECT NUMBER 2009-0-139• 1479 AWARD DATE 07/21/2009 PAGE t OF 10 SPECI,4L CONDITIONS 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 Amencan"). 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 OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that flusher implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act fiends 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 States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -Slate, regional, or interstate entities which have govemmenta! Poncrions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration. maintenance, 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 indtvidual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the O1P program manager — in advance — with any questions concerning this condition, including its applicability to particular circumstances. ow FORM 4000/2 i REV. 1 Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009 SPECIAL CONDITIONS 28, RECOVERY ACT Wage Rate Requirements under Section 1606 of the Recovery Act PACE 9 OF 10 (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 iV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies conceming application of the standard Davis -Bacon contract clauses 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 $2,000 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 Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Malone Preservation Act) if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subawerd or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 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 funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. 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 OW (including govemment-wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT - JAG - Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section I512(c) reposing requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting penods, the recipient may be (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary 01P awards, until such time as the recipient becomes current in its section I512(c) reposing obligations; and (2) A tier failure to report section (512(c) dam for three consecutive reporting periods, the recipient, upon written demand of the Director of BMA, shall return to OJP any unexpended award funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to a cost•reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. O1R FORM i 1 (REV. 4-8*) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2009 SB-B9-1479 AWARD CONTINUATION SHEET Grant AWARD DATE 07/21/2009 PAGE 10 OF 10 SPECIAL CONDITIONS 33. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate Jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 34. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 35. Recipient may not obligate expend or drawdown hands 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) informing the recipient of the approval. 01P FORM 1')OW2 i REV. -RR) Exhibit C Office of Justice Programs: Recovery Act Information Page 1 of 9 RE Office of Justice Programs (OJP) Recovery Act Additional Requirements (Applicable to Programs Funded under the American Recovery and Reinvestment Act of 2009, Public Law 111-5) On February 17, 2009, President Obama signed into law the landmark 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 for 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, it creates a new Recovery Accountability and Transparency Board and a new website -- Recovery goy -- 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. Quarterly financial and programmatic reporting will be required; reports will be due within 10 calendar days after the end of each calendar quarter. Applicants for and recipients of awards may expect that a standard forms) 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 activities; 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 project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the hup://www.ojp.usdoj.gov/recovery'so(icitationrequirements.htm 3/24/2009 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 concems 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 $25,000 or to Individuals, as prescribed by the Director of the Office of Management and Budget Section 1511 of the Recovery Act: Certifications (If applicable) Section 1511 of the Recovery Act provides - 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 Quick -Start Activities (if applicable) Section 1602 of the Recovery Act provides - In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at 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 Section 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 entity for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Section 1605 of the Recovery Act• Buy American (if applicable) Section 1605 of the Recovery Act provides - Use of Amencan Iron, Steel, and Manufactured Goods. (a) None of the funds appropnated or otherwise made available by this Act may be used 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. (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) iron, steel, and the relevant manufactured goods are not produced In the United States in sufficient and reasonably available quantities and of a satisfactory quality or http://www.qp.usdoi.gov/recovery/solicitationrequirements.htm 3/24/2009 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 application 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 1606 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 1607 of the Recovery Act: Additional Funding Distribution and Assurance of Appropriate Use of Funds (if applicable) Section 1607 of the Recovery Act provides - (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 Legislature- 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 govemment 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 otherwise 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 report to the Senate Environment and Public Works Committee and the http://www.ojp,usdoj,gov/recovery/solicitationrequirements.htm 3/24/2009 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 (if 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 http://wwwsi usdo'. ov/recovery/supplantingguidance.htm. Civil Rights Compliance As a condition for receiving funding from the Office of Justice Programs (OJP), recipients must comply with applicable federal civil rights Taws, 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 1968 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 orbenefts 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 Rights Act of 1964, which prohibits recipients from discriminating on the basis or 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.iepig y. 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 Rights by telephone at (202) 307-0690, 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 Justice 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 regulation 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 administenng grant awards, and require that FBOs be allowed to retain their http://www.ojp.usdoj.gov/recovery/soticitationrequirements.htm 3/24/2009 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 must be separate in time or location from the federally assisted program. Moreover, funded FBOs must not compel program beneficianes to participate in inherently religious activities. Funded faith -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 recipients 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 Restoration 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 funding is an exercise of religion; 2. The FRO demonstrates that requiring it to either forgo its religious preference in hiring or forgo the federal funding would substantially burden its exercise of religion; and 3. The funding entity is unable to demonstrate that applying the nondiscrimination provision to this FBO would both further a compelling govemment 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 beneficiaries without regard for the religious or non-religlous beliefs of those individuals; 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 religious 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 well as an exemption to their prohibition against religious discrimination in hiring, must complete and retain an original, signed document for their records (see sample), certifying to the three provisions set forth above, and then, must work with OJP to attach it to the grant file after receipt of an award. For more information, please consult OJP's Office for Civil Rights. http!//www.ojp.usdoj.gov/recovery/solicitationrequirements.htm 3/24/2009 Office of Justice Programs: Recovery Act Information Page 6 of 9 Confidentiality and Human Subjects Protection (if applicable) U.S. Department of Justice regulations (28 CFR Part 22) require recipients of OJP funding to submit a Privacy Certificate 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 Pnvacy 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 48. 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 Confidentiality and Protection of Human Research Subjects (and Model Privacy Certificates and other forms) can be found on the following web sites: www.o p.usdoj.gov/f_ o_ rm_htm; www oto usdoi.Qov/nri/funding/humanv91*20.4��hiA�r�r.,,ro,. 4jRst?ssl4j.geYLkjaipstbLpdflbjealaff.Rdf, and wymtalP.u.sdaf gov/bis funding hart . Anti -Lobbying Act The Anti -Lobbying Act (18 U.S.C. § 1913) recently was amended to expand significantly the restriction on use of appropnated funding for lobbying. This expansion also makes the anti -Lobbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and $100 000 per each individual occurrence of lobbying activity These restrictions are in addition to the anti -lobbying 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 govemed by the provisions of the OMB circulars applicable to financial assistance and OJP's Faancial Guide, which is available from the OJP Web site (www.oj usdoj.Qov/oc). The Financial Guicie includes information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records This document will govem how all successful applicants administer funds. Audits of state and local units of government, institutions of higher education, and other nonprofit http://www.ojp.usdoj.,gov/recovery/solicitationrequirements.htm 3/24/2009 Office of Justice Programs: Recovery Act Information Page 7 of 9 institutions must comply with the organizational audit requirements of OMB circularA-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 Fedefel.A__t�cjj Clearinghouse within 9 months after the close of each fiscal year during the term of the award. National Environmental Policy Act (If applicable) Alt 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 "(cjonsider from the earliest possible point In the process all relevant environmental documents in evaluating proposals for Department action(." 28 CFR section 61.6. 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 (if 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 cnmtnal Intelligence Sharing Pfan, the i L Dat M , and the Sharing Plan (LEtSP). A list of additional standards can be found at the Law Enforcement Information aja5-ta►idards_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) if one exists and if the state has selected this program for review. A list of state SPOCs is available on the OMB Web site ( w i h o / omb/ r nt Applicants must contact their state SPOCs to determine whether their 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 with 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) Financial I Guide. Suspension or Termination of Funding http://www.ojp.usdoi gov/recovery/solicitationrequirements.htm 3/24/2009 Office 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 to the requirements in the agreement, standard conditions, or special conditions. • 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 In all OJP funded programs for which nonprofit organizations are eligible recipients or subrecipients, with the exception of those funded under authonty 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 5o1(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 eamings may lawfully benefit any private shareholder or individual; 3. submission of a certified copy of the applicant's certificate of incorporation or similar document; or, 4. submission of any item above, if that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate All nonprofit subrecipients of formula funds provided under the Juvenile Justice and Delinquency Prevention Act must have 501(c)(3) status recognized by the Internal Revenue 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 fee 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. http /www.ojp.usdoi.gov/recovery/solicitation_requirements.htm 3/24/2009 Office 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. Rights 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 property as an award of Federal funds. See, e.g., 28 C F.R. § § 68.34, 70 36, and 37 C.F.R. at 401soclated 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 of a single searchable website that is accessible by the public and includes the following information for each Federal award: (1) The 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 Classification 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 country; (5) A unique identifier of the entity receiving award and of the parent entity of the recipient, should the entity be owned by another entity; and, (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 please visit the FFATA website at www.fedspen4ing.gov http://www.ojp.usdoj,gov/recovery/solicitationrequirements.htm 3/24/2009 M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 5/12/2009 - Ord. No. 18614-05-2009 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 http://apps.cfwnet.org/council packet/mc review.asp?ID=11686&councildate=5/12/2009 3/4/2010 M&C Review Page 3 of 3 (VARIOUS) 035423365050 GR76 5 (VARIOUS) 035423365060 GR76 5 (VARIOUS) 035423365070 GR76 5 (VARIOUS) 035423365080 GR76 5 (VARIOUS) 035423365090 GR76 5 (VARIOUS) 035423365100 GR76 5 (VARIOUS) 035423365110 GR76 5 (VARIOUS) 035423365120 GR76 5 (VARIOUS) 035423365130 GR76 5 (VARIOUS) 035423365140 GR76 5 (VARIOUS) 035423365150 GR76 5 (VARIOUS) 035423365160 GR76 5 (VARIOUS) 035423365170 GR76 5 (VARIOUS) 035423365180 GR76 5 (VARIOUS) 035423365190 GR76 5 (VARIOUS) 035423365200 GR76 5 (VARIOUS) 035423365210 GR76 5 (VARIOUS) 035423365220 GR76 451891 035423365000 $12,982.00 $10,659.00 $51,929.00 $10,796.00 $35,530.00 $37,034.00 $69,421.00 $78,713.00 $10,933.00 $15, 989.00 $18, 585.00 $38,400.00 $83,633.00 $9,019.00 $14,486.00 $24,188.00 $18,859.00 $4,140,165.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Tom Higgins (1292) Jeffery W. Halstead (4210) Sasha Kane (4243) ATTACHMENTS 35JAGARRA AO.doc http://apps.cfwnet org/council_packet/mc review.asp?ID=11686&councildate=5/12/2009 3/4/2010