HomeMy WebLinkAboutContract 39869Memorandum of Understanding
Between
The City of Fort Worth, TX
and
The City of Watauga, TX
CITY SECRE'ry
CONTRACT NO. �R P 1(
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 Watauga, 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 $24,188 shall provide for partial
funding of one employee plus fringe benefit expenses, travel and equipment for the Watauga
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 $24,188 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 Watauga, TX
P s y�, ,�.. s-54:0 ORD
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Page l 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 hfe 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 fonnirat 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 5th calendar day of the following month The monthly
performance reports must contain the following information:
1) A detailed list of all projects or activities for which FY 09 Recovery Act JAG
were expended or obligated during the previous month, including
a) The name of project or activity;
b) A description of project or activity;
c) An evaluation of the completion status of the project or activity and
d) An estimate of the number of jobs created and the number of jobs
retained by the project or activity.
2) Detailed information on any subcontracts or subgrants awarded by the
recipient to include data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
allowing aggregated reporting on awards below $25,000 or to individuals, as
prescribed by the Director of the Office of Management and Budget.
4. Submit monthly Request for Reimbursement (RFR) foirns and vendor report forms
with an original signature by an authorized representative to Sasha Kane, ASB-
GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX
Interlocal Agreement Between The City of Fort Worth, TX Page 2 of 6
and The City of Watauga, 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 Forms must contain the following infoiniation:
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 infoiruation 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@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 Watauga, TX
B. Subrecipient
The primary point of contact for Subrecipient is Rande Benjamin telephone number: (817)
514-5870 email address: rbenjamin@cowtx.org mailing address: 7101 Whitley Road,
Watauga, Texas, 76148.
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 personnel, travel and equipment expenses for the
Watauga Police Department as outlined However, the parties to this MOU do not intend to
enter a legal partnership, as that teiuu 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 Watauga. 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 Watauga, 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 Watauga:
Rande Benjamin
Chief of Police
7101 Whitley Road
Watauga, TX 76148
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 Watauga, TX
CITY OF WATAUGA
Harry Jefferies
Mayor
Signature:
Date: 11) r.>f--% 09
APPROVED AS TO FORM
AND LEGALITY:
City of Watauga
Position
CITY OF FORT WORTH
Tom Higgins
Assistan City Manager
Printed Name:,POrt (tt• Cam. V)F'\?ulj 0..
Signature:
Date:
I ( l��f 0 41
Interlocal Agreement Between The City of Fort Worth, TX
and The City of Watauga, TX
Date:
1
ATTEST:
City Secretary
r-
Date:
1
APPROVED AS TO FORM AND
LEGALITY:
0
Monica Wofford Wood
Assistant City Attorney
(ft_ Wtftl
011 (0 (ID
Signature:
Date:
Authority
M&C: C-23518
Contract Number:
OFFICIAL RECOR
CITY SECRETARY
FT Page 6 of 6
r
Watauga- $24,188
Position
Crime Victim Liaison
Budget Detail Worksheet
Description
Part of the salary for the crime victim liaison
on Project
100
Total
$10,000
Personnel Sub -Total
$10,000
B. Fringe Benefits
Position
Description
Total
Crime Victim Liaison
Fringe based on 24 month salary: Used to
supplement Group Health Insurance
($10,823.40) $2,248
Fringe Benefits Sub -Total:
$2,000
Purpose of Travel
Location
Item
Computation
Cost
Crime victim liaison
Tarrant County
Mileage
.448 x 2,651.79 miles
$1,188
Travel Sub -Total
$1,188
Item
Computation
Cost
Mobile Laptop Computers
$6,000
Vehicle and fuel
$5,000
Supplies Sub -Total
$11,000
Budget Category
Amount
A. Personnel
$10,000
B. Fringe
$2,000
C. Travel
$1,188
D Equipment
$11,000
E Supplies
$0
F. Construction
$0
G. Consultants and Contractor Services
$0
H. Other Costs
$0
I. Indirect costs
$0
TOTAL PROJECT COSTS
$24,188
Federal Request:
$24,188
Non -Federal Amount:
$-0
City of Fort Worth
49 of 52
Watauga- $24,188
Budget Narrative
A. Personnel: $10,000 for crime victim liaison
B. Fringe Benefits: Watauga is supplementing $2,000 for its part of the crime victim liaison's
fringe benefits
C. Travel: $1,188
D. Equipment: Vehicle and fuel $5,000 and mobile computer equipment $6,000. This
equipment will provide communication and report data transfer to a workstation that canbe
accessed by the crime victim liaison.
E. Supplies: 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
50 of 52
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Department
Office of Justice
Bureau of
of
Justice
Programs
Justice
Assistance
Grant
PAGE 1 OF 10
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1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Fort Worth
350 West Belknap Street
Fort Worth, TX 76102
4. AWARD NUMBER: 2009-SB-B9-1479
5. PROJECT PERIOD: FROM 03/01/2009 TO 02/28/2013
BUDGET PERIOD: FROM 03/01/2009 TO 02/28/2013
6. AWARD DATE 07/21/2009
7. ACTION
Initial
IA. GRANTEE IRS/VENDOR
756000528
8. SUPPLEMENT
00
NUMBER
NO.
AWARD AMOUNT $ 0
9. PREVIOUS
3. PROJECT TITLE
FY 2009 Recovery Act JAG Program
10. AMOUNT OF THIS AWARD $ 4,140,165
11. TOTAL AWARD $ 4,140,165
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS
ON THE ATTACHED PAGE(S).
OR LIMITATIONS AS ARE SET FORTH
13. STATUTORY AUTHORITY
This project is supported
GRANT
Recovery Act (BJA-Byrne JAG) Pub. L. No. 111-5, 42 USC 3750-3758
FOR
under FY09
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL'
a GRANTEE
ACCEPTANCE
Ur
I
16. TYPED NAME AND TITLE OF APPROVING
James H. Burch II
Acting Director
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Tom Higgins
Assistant City Manager
OFFICIAL
17. SIGNATURE
OF
APPROVING
u
•
OFFICIAL
Ls-�
19. SIG
• TURE OF AUTHORIZED
RECIPIENT
OFFICIAL
19A. DATE
a
-_-C,,:=
AGENCY USE ONLY
/ /
r-
20. ACCOUNTING
FISCAL FUND
YEAR CODE
9 B
CLASSIFICATION CODES
BUD. DIV.
ACT. OFC. REG. SUB. POMS AMOUNT
SB 80 00 00 4140165
21. ISBUGT2082
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
APPROVED AS TO FORM AND LEGALITY:
%yCITY ATTORNEY
Department of Justice
Office ofJustice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 2 OF 10
SPECIAL CONDITIONS
The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office ofJustice 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.FR. 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 time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-I33, 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 finds) 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 fedeial funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of goveminent, 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
sunilar 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 ofJustice
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 Terns 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 that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA"
or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed
clarifications.
OJP FORM 4000/2 (REV, 4-88)
Department ofJustice
Office ofJustice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
GI ant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 3 OF 10
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 of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], 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.
8. 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.
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 OJP determines this regulation to be applicable.
Should OJP determine 28 C.F R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system as
per the regulation. Should any violation of 28 C.F R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 4 OF 10
SPECIAL CONDITIONS
11. The grantee agrees to comply with the applicable requirements of 28 C.F R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction or 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://vnvvv.ojp.gov/aboutker/equallbo.htm.
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 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 fiend 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 Byrne 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 earned) not expended by the end of the grant period must be
returned to the Bureau of Justice Assistance no later than 90 days after the end of 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 subrecipient, 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 the Recovery Act will be one-time awards and accordingly that
its proposed project activities and deliverables are to be accomplished without additional DOJ funding.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 5 OF 10
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 subrecipients. The recipient agrees to
submit, upon request, documentation of its policies and procedures for monitoring of subawards 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 https://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 govenment-wide Standard Form 425 Federal Financial Report from (available for viewing
at www.whitehouse.gov/omb/grants/standard forms/ffr.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
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 6 OF 10
SPECIAL CONDITIONS
21. RECOVERY ACT — Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Infonning Subrecipients
(a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act
funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the
Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules
provisions (relating to Grants and Cooperative Agreements with State and Local Governments).
(b) The recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the
Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB
Circular 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 III 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 characters 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 funds 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 funds 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 firnded 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.cer.gov) at all times 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 1512(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. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Giant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 7 OF 10
SPECIAL CONDITIONS
23. RECOVERY ACT — Provisions of Section 1512(c)
The recipient understands that section I512(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 finds 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 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.
24. RECOVERY ACT — Protecting State and Local Government 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 govermnent, 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 fiinds for infrastructure investment subsequent to award, the recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seekmg such approval,
therecipient shallgive 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.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 8 OF 10
SPECIAL 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
American"). No award fiords 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 further
implement the specific requirements or exceptions of section 1605.
Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in
the project are produced in the United States, subject to certain exceptions, including United States obligations under -
international agreements.
For purposes of this special condition, the following definitions apply:
"Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United
States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and
local governments; and multi -State, regional, or interstate entities which have governmental functions) These
buildings and works may include, without limitation, bridges, 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
individual 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 OJP program manager — in advance — with any questions concerning
this condition, including its applicability to particular circumstances.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 9 OF 10
SPECIAL CONDITIONS
28. RECOVERY ACT — Wage Rate Requirements under Section 1606 of the Recovery Act
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by of 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 piojects 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 concerning 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 Historic 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 subaward 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 ftmds
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 debannent 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 OJP (including government -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) reporting 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 periods, the recipient may be— (a)
precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP
awards until such time as the recipient becomes current in its section 1512(c) reporting obligations; and
(2) After failure to report section 1512(c) data for three consecutive reporting periods the recipient, upon wiitten
demand of the Director of BJA, 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.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office ofJustice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2009-SB-B9-1479 AWARD DATE 07/21/2009
PAGE 10 OF 10
SPECIAL CONDITIONS
33. 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.
34. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office ofJustice
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 funds until the Bureau ofJustice Assistance, Office ofJustice
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.
OJP FORM 4000/2 (REV. 4-88)
Office of Justice Programs: Recovery Act Information
Page 1 of 9
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.gov -- 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 form(s) and/or reporting mechanism will be made available at a future date.
Additional instructions and guidance regarding the required reporting will be provided as they become
available. For planning purposes, however, ail 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
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Office of.fustice Programs: Recovery Act Inform__ation Page 2 of °
project or activity; and
(E) for infrastructure investments made by State and local governments, the purpose,
total cost, and rationale of the agency for funding the Infrastructure investment with
funds made available under this Act, and name of the person to contact at the agency if
there are concerns with the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the 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 American Iron, Steel, and Manufactured Goods. (a) None of the funds appropriated 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
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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 Government pursuant to this
Act shall be paid wages at rates riot 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 Stet 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 government public entities, and
public -private entities within the State either by formula or at the State's discretion.
Section 1609 of the Recovery Act: Relating to National Environmental Policy Act
Section 1609 of the Recovery Act provides -
(a) FINDINGS-
(1) The National Environmental Policy Act protects public health safety and environmental
quality: by ensuring transparency, accountability and public Involvement in federal actions
and In the use of public funds;
(2) When President Nixon signed the National Environmental Policy Act into law on January
1, 1970, he said that the Act provided the "direction" for the country to "regain a productive
harmony between man and nature";
(3) The National Environmental Policy Act helps to provide an orderly process for considering
federal actions and funding decisions and prevents ligation and delay that would 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
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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:/Iwww.oip.usdoj.gov/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 laws, including Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination
Act of 1975, and the Justice Department's regulation for the Equal Treatment of Faith -Based
Organizations. Depending an 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 or benefits
on the basis of race, color, national origin sex, religion, or disability In addition, OJP recipients may not
discriminate on the basis of age in the delivery of services or benefits. For more information on these
laws please click here.
Compliance with Title VI of the Civil Rights Act of 1964, which prohibits recipients from discriminating
on the basis or national ongin 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.lep.gov 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
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ffice 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 beneficiaries 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 ease -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 FBO 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 government interest and be the least restrictive means of
furthering this interest.
The OJP and state administering agencies will grant exemptions to the prohibition against hiring
discrimination on the basis of religion in the program statutes on a case -by -case basis to FBOs that
certify to the following, unless there is good reason to question its truthfulness:
1. The FBO will offer all federally -funded services to all qualified beneficiaries without regard for
the religious or non -religious beliefs of those individuals; and
2. Any activities of the FRO 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
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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 Privacy Certificate includes a
description of its policies and procedures to be followed to protect the confidentiality of identifiable data.
28 CFR section 22.23. The Department's regulations provide, among other matters, that 'Research or
statistical information identifiable to a private person may be used only for research or statistical
purposes." 28 CFR section 22.21 Moreover, any private person from whom information identifiable to a
private person is collected or obtained (either orally or by means of written questionnaire or other
document) must be advised that the information will only be used or disclosed for research or statistical
purposes and that compliance with the request for information is voluntary and may be terminated at
any time. 28 CFR section 22.27.
In addition, the Department of Justice has regulations with respect to the protection of human research
subjects. See 28 CFR Part 46. In brief, 28 CFR Part 46 requires that research involving human
subjects that is conducted or supported by a Federal department or agency be reviewed and approved
by an Institutional Review Board (IRB), in accordance with the regulations, before Federal funds are
expended for that research. As a rule, persons who participate in Federally -funded research must
provide their "informed consent" and must be permitted to terminate their participation at any time.
Funding recipients, before they will be allowed to spend OJP funds on any research activity involving
human subjects, must submit appropriate documentation to OJP showing compliance with 28 CFR Part
46 requirements, as requested by OJP.
General information regarding Data Confidentiality and Protection of Human Research Subjects (and
Model Privacy Certificates and other forms) can be found on the following web sites:
www.ojp.usdoi.gov/forms.htm; www oip.usdoi.gov/nii/funding/humansubjects/index.html;
www.ojp.usdoj_gov/bjs/pub/pdf/bjsmpc.pdf; and www.olp.usdoj.gov/bislfunding htrn.
Anti -Lobbying Act
The Anti -Lobbying Act (18 U.S.C. § 1913) recently was amended to expand significantly the restriction
on use of appropriated funding for lobbying. This expansion also makes the 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 governed by the provisions of the OMB circulars applicable to financial assistance
and OJP's Financial Guide, which Is available from the OJP Web site (www.ojp usdoj.gov/oc). The
Financial Guide includes information on allowable costs, methods of payment audit requirements,
accounting systems, and financial records. This document will govern how all successful applicants
administer funds.
Audits of state and local units of government, institutions of higher education, and other nonprofit
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Office of Justice Programs: Recovery Act Information Page 7 of 9
institutions must comply with the organizational audit requirements of OMB circular A-133, which states
that recipients who expend $500,000 or more of federal funds during their fiscal year are required to
submit a single organization wide financial and compliance audit report to the Federal Audit
Clearinghouse within 9 months after the close of each fiscal year during the term of the award.
National Environmental Policy Act (if applicable)
All 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 appropnate 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 Criminal
Intelligence Sharing Plan, the Global Justice XML Data Model, and the Law Enforcement Information
Sharing Plan (LEISP). A list of additional standards can be found at the OJP Standards Ciearin_ahouse.
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 (www whitehouse gov/ omb/grants/spoc.html).
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 Guide.
Suspension or Termination of Funding
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ffice 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.
• Failing 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 authority of the Juvenile Justice and Delinquency Prevention
Act, It is Department of Justice policy that an organization can demonstrate its non-profit status in any
one of four methods:
1. submission of proof of 501(c)(3) status from the Internal Revenue Service
2. submission of a statement from the State taxing authority or State Secretary of State, or other
similar official certifying that the organization is a nonprofit operating within the State, and that
no part of its net earnings may lawfully benefit any private shareholder or Individual;
3. submission of a 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.
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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 associated with
an award of Federal funds. See, e.g., 28 C F.R. § § 66.34, 70 36, and 37 C.F R. Part 401.
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.fedspendinq.gov.
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M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
FORTWORT IJ
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 Acts 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
Acts 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
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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?Ia=1 1 6 8 6 & councildate=5/1 2/2009 3/4/2010