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HomeMy WebLinkAboutContract 41605 (2)CITY SECRETARY CONTRACT NO ( -I Memorandum of Understanding Between The City of Fort Worth, TX and The City of Arlington, TX 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas (hereinafter referred to as "Recipient") and the City of Arlington, 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 2010 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 2010 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of $236,637 shall provide tasers for the Arlington 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 2010 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2010 JAG is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award document. 3) The Fort Worth Police Department — Administrative Services Bureau — Grants and Contracts Management Division CASB-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 2010 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 $236,637 from available grant funds for approved services and expenses rendered in accordance with the terms of this memorandum of understanding upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to Memorandum of Understanding between the City of Fort Worth, TX and the City of Arlington,C TX CORD bFITF�YC is WORTS, RE Page l of 6 gcRETART fit WTX provide the services under this grant. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget (OMB) Circulars A-122 and 1-110. B. Subrecipient: 1. Participate in a collaborative effort with the Recipient in the application administration, and implementation of the FY 2010 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 2010 JAG Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, and (3) Exhibit B to this MOU, entitled "Award Document' , which is incorporated by reference as part of this MOU. 3. Submit to the Recipient monthly performance reports regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and U.S. Department of Justice, Bureau of Justice Assistance in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 15th calendar day of the following month. The monthly performance reports must contain the following information: 1) A detailed list of all projects or activities for which FY 10 JAG monies were expended or obligated during the previous month, including a) The name of project or activity; b) A description of project or activity; and c) An evaluation of the completion status of the project or activity. 4. Submit monthly Request for Reimbursement (RFR) forms and vendor report forms with an original signature by an authorized representative to Mary Wilson ASB- GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 no later than the 15th calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic report from the Subrecipient. Reimbursements shall be made within 30 days receipt of said documents. The monthly RFRs and Vendor Report Forms must contain the following information: 1) The amount of FY 10 JAG funds that were expended to projects or activities during the previous month, and 2) The amount of FY 10 JAG funds that were obligated during the previous month. 5. Submit any and all proposed changes to attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with Memorandum of Understanding between the City of Fort Worth, TX and the City of Arlington, TX Page 2 of 6 attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre -approval for deviations from budget may result in a denial of reimbursement 6. Maintain financial, programmatic, and supporting documents, statistical records. and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. If any litigation, claim, or audit involving these records begins before the fifth (5) year period expires, the Recipient will notify the Subrecipient of such litigation, claim or audit and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Mary Wilson telephone number: (817) 392- 4239 email address: marv.wilson2(d fortworthuov.ora. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 Attention: Mary Wilson. Performance reports should be submitted by the Project Directors of the aforementioned FY 2010 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Mary Wilson or by email to mare. wilson2O fortworthuov.org. B. Subrecipient The primary point of contact for Subrecipient is Elaine Victoria, telephone number: (817) 459-5704 email address: elaine.victoria@arlingtontx.gov, mailing address: P.O. Box 1065 Arlington, Texas, 76004-1065. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. Memorandum of Understanding between the City of Fort Worth, TX and the City of Arlington, TX Page 3 of 6 6 ENTIRETY OF AGREEMENT. This MOU, consisting of six pages and exhibits, represents the entire and integrated agreement between the parties and supersedes all prior discussions and negotiations, representations and agreements whether written or oral as related specifically to the U.S. Department of Justice, FY 2010 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 supplies and minor equipment as outlined. However, the parties to this MOU do not intend to enter a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or the City of Arlington The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. 10 EFFECTIVE DATE. This MOU will become effective on the date it is executed by both parties and remain in effect throughout the grant period Each party represents that this MOU has been executed by a representative with the authority to contract on behalf of that party This MOU is null and void if funds are not awarded 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the City of Fort Worth: Mary Wilson Grants Specialist City of Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 For the City of Arlington: Trey Yelverton P.O.Box 90231 Arlington, TX 76004 3231 Memorandutn of Understanding between the City of Fort Worth, TX and the City of Arlington. TX Page 4 of 6 12. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the grant period or (2) the submission of the final report regarding the FY 2010 Justice Assistance Grant to the Department of Justice, unless one of the parties earlier requests termination or modification of the MOU, accompanied by 60 days' notice of such request. [The remainder of this page was intentionally left blank.] Memorandum of Understanding between the City of Fort Worth, TX and the City of Arlington, TX Page 5 of 6 CITY OF ARLINGTON Trey Yelverton Deputy City Manager Signature: A'`\ Date: a- (84 rr APPROVED AS TO FORM AND LEGALITY: Printed Nam Signatur Date: --20/I City of Arlington J.k4- Q; Lc/ eAlp,e-+-J.sLoil? CITY OF FORT WORTH Tom Higgins Assistant City Manager Signature: Date: 03. / ¢. // ATTEST: City Secretary Date: \10 *7 n APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant City Attorney Signature • /��(Q,� Date: a/it (pA Authority M&C: C-24387 Contract Number: Memorandum of Understanding between the City of Fort Worth, TX and the City of Arlington, Page 6 of 6 f Litst o 0 { o0o a o00 YA . o: N o0o00oo0 4711 Arlington- $236,637 Budget Detail Worksheet Position No funding requested in this category eiat Position No funding requested in this category Purpose of Travel 1 Location No funding requested in this category ajCt Item Electronic control device, holster and cartridge package Item No funding requested in this category v'r r.,, s yfiE_�:,v3'tirv`3 br=:fir0. a ut0,0 Position No funding requested in this category G_toE No funding requested in this category Position No funding requested in this category City of Fort Worth Description Description on Project Personnel Sub -Total Fringe Benefits Sub -Total: Computation Total $0 $0 Cost Travel Sub -Total J $0 Computation 292 packages @ $810 each Description Description Description Equipment Sub -Total Computation Supplies Sub -Total Cost $236,637 $236,637 Cost $0 % on Project I Total Construction Sub -Total ; SO % on Project Sub -Total Vo on Project Other Costs Sub -Total Total Total 9of24 $0 Position No funding requested in this category E'udge 5`u�in Budget Category A. Personnel B. Fringe C. Travel D Equipment E Supplies F. Construction G. Consultants and Contractor Services H. Other Costs I. Indirect costs City of Fort Worth Description % on Project Indirect Costs Sub -Total 1 TOTAL PROJECT COSTS Federal Request: Non -Federal Amount: Total $0 $0 $0 $236,637 $00 $0 $0 $0 $0 $236,637 $236,637 $0 10 of24 $0 Arlington- $236,637 Budget Narrative A. Personnel B. Fringe Benefits C. Travel— D Equipment — $236,637 Equipment purchase for 2010 JAG funds to purchase 292 X26 TASERS to equip patrol officers with a TASER, holster and cartridges. E. Supplies— F. Construction G. Consultants/Contracts H. Other Costs - I. Indirect City of Fort Worth 11 of24 Exhibit Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant . I. RECIPIENT NAME AND ADDRESS (Including Zip Code) • 4. AWARD NUMBER: 2010.DJ-BX-0164 • City of Fort Wonh 350 West Belknap Street Fon Wonh, TX 76102.2004 IA. GRANTEE IRSNENDOR NO. 756000528 3, PROJECT TITLE 2010 JAG project 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM PAGE I OF 5 10/0102009 TO 09/30/2013 10/01/2009 TO 09/30/2013 7. ACTION 1 8. SUPPLEMENT NUMBER Initial 00 1 9. PREVIOUS AWARD AMOUNT S 0 •• W. AMOUNT OF THIS AWARD I 887,364 11. TOTAL AWARD 5 887.364 6. AWARD DATE 08/04/2010 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE A 1'1'ACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI O (BJA • JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL i 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Jatnes H. Burch II Acting Director 17. SIGNATURE OF APPROVING OFFICIAL u • GRANTEE ACCEPTANCE am 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Tom Higgins Assistant City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL j 19A. DATE an AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. JDJUGT0790 FISCAL FUND BUD. DIV YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 40 00 00 MI7364 • OR FORM 400012 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. ow FORM 4r1mr2 (REV 4-SN) • Department of Justice Of ice of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2010-D)-BX-0164 AWARD CONTINUATION SHEET PAGE 2 or 5 Grant AWARD DATE 08/04/2010 • SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OW) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such 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 Govemments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or otter related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-I33 audits (and any other audits of OW grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OW Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of goverrunent, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline(irusdoj.gov hotline (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DO) OiG website at www.usdoj.govfoig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support ofany contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidianes, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 01P EORM 11xx1,2(REV -1.40 Department ofJustice Office ofJustice Programs AWARD CONTINUATION Bureau ofJustice Assistance SHEET PACE 3 OF 5 Grant PROJECT WAIVER 2010-D1•BX-0164 AWARD DATE OR/04/2010 SPECIAL CONDITIONS 8. To support public safety and justice information sharing, OW requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide php. 9. 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. 10. 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 ofJustice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may stilt engage in inherently religious activities, but such activities must be separate in time or place from the Department ofJustice funded progratn, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/aboutiocriequal_lbo.litin. 1 I . The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 12. 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 tined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 13, 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 titnds. 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.ojp.gov/detau It.aspx?arearpolicyAndPractice&page=1046. 14. Grantee agrees to comply with the requirements of 28 C.F.R. Part -16 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval. if appropriate, and subject informed consent. 15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. (1tP FORM 1000 2IRE`/ 4.88) • Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant i PROJECT NUMBER 2010-DJ-BX-0164 AWARD DATE 06/04/2010 • PAGE 4 OF 5 SPECIAL CONDITIONS 16. 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 BMA, 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 grunt funds, this special condition tnust 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; e. 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 at' a program relating to clandestine tnethamphetamine laboratory operations, including the identification, seizure, or closure of clandestine nethamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, 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. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau ofJustice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 18. The recipient agrees that brads 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 finds, be made available for law enforcement activities. OW FORM 4t00/22 (RF.b 4481 Department oflustice Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2010-131-DX-0164 AWARD DATE 0&04/2010 • SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.hjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other tusk force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA s Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement, This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www,ctlli.org). 22. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 23. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 24. Recipient may not 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. 25. Recipient may not expend or drawdown funds 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) inforning the recipient of the approval. 0JP FORM :0002 (REV 4.'4:0 Department of Justice Office of Justice Programs Bureau ofiustic'e assistance Memorandum To: Official Grant File From: Subject: Warhington, D.C.:053! Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for City of Fort Worth The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the cnminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, pnor to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any 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 c. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http.J/www.ojp.usdoj.gov/BJA/resaurce/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice otrtce of Justice Progranu Bureau of Justice Assistance Tltis project is supported under FYIO (BJA- JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) Esmeralda C. Womack (202)353-3450 3a. TITLE OF TICE PROGRAM FY 2010 Justice Assistance Grant Program 1 4. TITLE OF PROJECT 2010 JAG project GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2010-D1-BX-0164 PAGE I OF I 2. PROJECT DIRECTOR (Name, address & telephone number) Sasha Kane Senior Contract Compliance 350 W Belknap Street Fon Worth, TX 76102.2004 (817)3924243 • 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 5. NAME & ADDRESS OF GRANTEE I 6. NAME & ADRESS OF SUBGRANTEE I , City of Fon Worth 350 West Belknap Street Fort Worth, TX 76102-2004 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2009 TO: 09/30/2013 FROM: 10/01/2009 TO: 09/30/2013 9. AMOUNT OF AWARD { S 887,364 11. SECOND YEAR'S BUDGET 13, THIRD YEAR'S BUDGET PERIOD f 10. DATE OF AWARD 08/04/2010 1 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT • 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Mcmonal Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes. to support a broad range of activities to prevent and control crime bused on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems fix criminal justice, including for any one or more of the following purpose areas: l) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs: 5) drug treatment and entbrccment programs; la) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation), The following jurisdictions are listed as disparate entities under the Fiscal Year 2010 JAG Local Program: Tarrant County. city of Fon Worth, city of Arlington. city of Bedford, city of Haltom City, city of Hurst, and city of North Richland Hills. The city of Fon Worth will serve as the fiscal agent to administer the JAG funds for OJP FORM 4000/2 (REV. 4-88) all participating Jurisdictions. A portion of the city of fort Worth's allocation will be used for administrative costs. The cities included in this application have worked on collaborative projects in the past including intelligence sharing, crime analysis, and juvenile and adult drug treatment. Local JAG funds will be used for law enforcement equipment (e.g.. tasers, radios, police cruisers, lidar devices, etc.), drug coup case manager services, and mental health personnel services. NCA/NCF Office ofJustice Programs August 4, 2010 Mr. Tom Higgins City of Fort Worth 350 West Belknap Street Fort Worth, TX 76102-2004 Dear Mr. Higgins: Department ofJustice Office ofJustice Programs Bureau of Justice Assistance Washington, D.C. 20331 On behalf of Attorney General Eric (folder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of$887,364 for City of Fort Worth. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Esmeralda C. Womack, Program Manager at (202) 353-3450; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oefoQiusdoj.gov, Congratulations, and we look forward to working with you. Sincerely, James H Burch 11 Acting Director Enclosures Department of Justice Office of Justice Programs Office for Civil Rights I t5uhingwn, D.C. 20531 August 4, 2010 Mr. Tom Higgins City of Fort Worth 350 West Belknap Street Fort Worth, TX 76102-2004 Dear Mr. Higgins: Congratulations on your recent award. in establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. fhe Office for Civil Rights (OCR), Office ofJustice Programs (OJP), U.S. Department ofJustice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) individuals In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department ofJustice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation. religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department ofJustice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department of Justice funded program. and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also maki.s dear that organizations participating in programs funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ulp.usdoj.govlocr/ettbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination 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 faith -based organizations 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. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. in addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:( 1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). I) 11etecling the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time erployees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for Tess than $25,000; or if your organization has Tess than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Resolution No. 1 0-147 A resolution authorizing the execution of a Memorandum of Understanding with the City of Fort Worth and Tarrant County relative to shared funds in the amount of $887,364 from the Bureau of Justice Assistance Block Grant Program WHEREAS, the City of Fort Worth and Tarrant County are eligible for a joint block grant award in the amount of $887,364 from the Bureau cf Justice Assistance Block Grant Program; and WHEREAS, Fort Worth has agreed to submit the grant application, man;jge fund distribution and fulfill grant reporting requirements on behalf of:the Joint recipients; and WHEREAS, an agreement designating Fort Worth as the cognizant agency ,must be signed by the partnering agencies and submitted to the Bureau (If Justice Assistance prior to the application process; and WHEREAS, the agreement will specify the distribution of funds between agencies; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS I. That the City Manager or his designee is hereby authorized to e;;ecute a Memorandum of Understanding with the City of Fort Worth and Tarrant Count' relative to shared funds in the amount of $887 364 from the Bureau of Justice Assistance Block Grant program. The grant will provide $236,637 to Arlington to be used to omplete implementation of the electronic control devices program. The remaining 16% of the award, $45,074, will go to Tarrant County for disparate funding certification from Arlington No cash match by the City is required. PRESENTED AND PASSED on this the 8th day of June , 2010, by a vote of 8 ayes and 0 nays at a regular meetir , of the City ```ail of the City of Arlington, Texas. ROBFRT N. CLUCK, Mayor M&C Review • Page 1 of 3 ITY OUNCIL DA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 8/3/2010 - Ord. No. 19261-08-2010 DATE 8/3/2010 REFERENCE NO.: C-24387 LOG NAME• 35JAG10 CODE: C TYPE* NON -CONSENT PUBLIC HEARING: YES SUBJECT: Conduct Public Hearing and Authorize the City Manager to Ratify the Application for and Accept, if Awarded, a $887,364 00 Grant from the Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department Justice, Office of Justice Programs, Bureau of Justice Assistance, Authorize the City Manager to Execute the Grant Agreement for Acceptance of Grant Funds and a Related Memoranda of Understanding with Tarrant County and Cities Located in Tarrant County, Authorize the Use of Anticipated Interest in the Amount of $16,000 00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to ratify the application for a grant from the United States Departmen of Justice, Office of Justice Programs, Bureau of Justice Assistance, Fiscal Year 2010 Edward Byrn Memorial Justice Assistance Grant Formula Program, in an amount not to exceed $887,364.00 2. Conduct a public hearing regarding the application for the grant to allow the public an opportunity to comment as required as part of the grant application; 3. Authorize the City Manager to accept grant funds, if awarded, in an amount not to exceed $887, 364.00; 4. Authorize the City Manager to Execute Memoranda of Understanding with Tarrant County and other cities located within Tarrant County to designate (1) the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and (2) the manner in which the grant money will be disbursed and utilized; 5. Authorize the use of anticipated interest in the amount of $16,000.00 in accordance with the gran' and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th Grants Fund in the amount of $903,364.00, subject to receipt of the grant. DISCUSSION: The Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows local governments to support a broad range of activities to prevent crime and to improve the criminal justice system. The City of Fort Worth, along with the cities of Arlington Bedford, Haltom City Hurst, and North Richland Hills are required to negotiate with Tarrant County to develop a program budget and strategy. A majority of the cities included in this application have worked on collaborative projects for the past 20 years including intelligence sharing, crime analysis, juvenile an( adult drug treatment and the 2005-2009 Justice Assistance Grant (JAG) Formula and Recovery Act JAG Programs. Following the announcement of the Fiscal Year 2010 JAG, representatives from the below listed agencies met and agreed that the City of Fort Worth should again serve as the cognizar agency for the Fiscal Year 2010 JAG Formula Program: http://apps.cfwnet.org/council packet/mc review.asp?ID=1 3 903&councildate-8/3/201 0 8/18/2010 4 M&C Review Page 2 of 3 A total of $887,364.00 is available to be shared among the below listed jurisdictions and will be distributed in the following manner: JURISDICTIONS City of Fort Worth Tarrant County Arlington Bedford Haltom City Hurst N orth Richland Hills P URPOSE AREA Marked Police Patrol Vehicles and Grant Administration Adult Drug Court and Mental Health Liaison P olice Supplies (Minor Equipment) Police Equipment Police Equipment P olice Equipment P olice Equipment AMOUNT $416 036.00 $152 939.00 $236 637.00 $23 701.00 $16 675.00 $18 705.00 $22,671.00 N o matching funds are required. Fort Worth was responsible for submitting the full grant application and will, upon receipt of the grant funds, distribute funding to the other jurisdictions, as agreed amon the above entities. The City of Fort Worth's funding will provide for 15 new marked patrol units for front line patrol and N eighborhood Patrol Officers (NPO). Once grant funds are awarded the marked units will be ordered through an existing City contract awarded through a competitive bid process No grant funding is being requested for the labor, installation or purchase of the associated public safety equipment for the vehicles. Grant funds totaling $396,414.00 will be used to purchase 15 vehicles at a cost of $26,427.60 each. Additionally, 10 percent of the salary and fringe benefits for a grant specialist will be funded at $19,622.00. This position will be in the Grants and Contracts Management Division of the Police Department and will administer this grant, including coordinating with all participating jurisdictions, conducting compliance and site visits, and compiling and submittin all necessary reports. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated of the Grants Fund. TO Fund/Account/Centers GR76 451891 035423485000 GR76 441042 035423485000 GR76 5 (VARIOUS) 035423485010 GR76 539120 035423485020 GR76 539120 035423485030 GR76 539120 035425485040 GR76 539120 035423485050 GR76 539120 035423485060 GR76 539120 035423485070 GR76 5 (VARIOUS) 035423485080 $887.364.00 $16.000.00 $416.036.00 $152.939.00 $236.637.00 523.701.00 $16.675.00 $18,705.00 $22.671.00 $16.000.00 FROM Fund/Account/Centers Submitted for City Manager's Office by: Tom Higgins (6292) Oriainatina Department Head: Jeffrey W. Halstead (4210) http://apps.cfwnet.org/council packet/mc review. asp?ID=13903&councildate-8/3/2010 8/18/2010 M&C Review Page 3 of 3 Additional Information Contact: ATTACHMENTS 35JAG 10 AO. doc Monique Lee (4221) http://apps.cfwnet.org/council_packet/mc Jeview.asp?ID=1 3903 &councildate=8/3/201 0 8/18/2010