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Contract 41601 (2)
CITY SECRETARY CONTRACTNOE LA k (.0 e Memorandum of Understanding Between The City of Fort Worth, TX and The City of North Richland Hills, TX 1. PARTIES. The parties to this Memorandum of Understanding (MOLT) are the City of Fort Worth, Texas (hereinafter referred to as "Recipient") and the City of North Richland Hills, 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 $22,671 shall provide for officer uniforms for the North Richland Hills 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 (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 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 $22,671 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 Niteznorandum of Understanding between the City of Fort Worth, TX and the City of North Richland Hills, TX OFFS ��rtY SECRETARY . WORTt T*, FT Page 1 of 6 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 North Richland Hills, 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: mare.wilson2(d 'oitworthgov.ort?. 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 marv.wilson26i fortworthgov.org. B. Subrecipient The primary point of contact for Subrecipient is Capt Rick Scott, telephone number: (817) 427-7038 email address: rscott@nrhtx.com, mailing address: 7301 NE Loop 820, North Richland Hills, Texas, 76180. 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 North Richland Hills, 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 electronic control devices as outlined. However, the parties to this MOU do not intend to enter a legal partnership as that term is used to descnbe 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 North Richland Hills. 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 North Richland Hills: Captain Rick Scott 7301 NE Loop 820 North Richland Hills, TX 76180 Memorandum of Understanding between the City of Port Worth, TX and the City of North Richland Hills, 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 North Richland Hills, TX Page 5 of 6 CITY OF NORTH RICHLAND HILLS Mark Hindman City Manager Signature: (ThAi Date: Q24IO APPROVED AS TO FORM AND LEGALITY: City of North Richland Hills Printed Name: •e Piz �C A ttgaw r., r Signature: Date: 9- aor2dIv MRH councilActlon N bt Approvedi& . \�.. Aenda No.\\')S3-"\-C‘ Ord / Leo No,\CP'72= CITY OF FORT WORTH Tom Higgins Assistant City Manager Signature* Date: PSt Jt ATTEST: City Secretary ‘t• Date: kU\ 2 D t i APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant City Attorney Signature: o,c /mot U Au) pc, „iv Date: IA QOA I �/� � -at 11 Authority M&C: C-243 8 7 Contract Number: Memorandum of Understanding between the City of Fort Worth, TX and the City of North Richla i Page 6 of 6 a0 0? ;4a o° i i-S A no Si 0oa04°- ?Ex AS4S watlettatttesser OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX s, Tx North Richland Hills- $22,671 Budget Detail Worksheet i Position No funding requested in this category No funding requested in this category Position true r:,riry;=;4", zs';• Purpose of Travel I Location No funding requested in this category Item No funding requested in this category Item Blauer #8436-04 L/S - Shirt Blauer #8460-04 S/S - Shirt Blauer #8560-7-04 - Trouser Blauer #8840X-04 - Short Description No funding requested in this category No funding requested in this category City of Fort Worth Description Item Description Personnel Sub -Total Fringe Benefits Sub -Total: 1 1 Computation Travel Sub -Total Computation Equipment Sub -Total Computation/Description 54 units 122 units 132 units 22 units Computation/Description Description Unit Price/ Number $74 $66 $72 $50.85 Sub -Total Sub -Total % on Project Sub -Total 1 Total Total $0 $0 Cost Cost $0 $0 Total $3,996 $8,052 $9,504 $1,119 $22,671 Total Total 22 of 24 k IVII000,1e04, Position No funding requested in this category Aki ;' fit;`:-. Position No funding requested in this category • Budget Susitary Budget Category A. Personnel B. Fringe C. Travel D. Equipment E Supplies F. Consultants/Contractor Services City of Fort Worth Description Description % on Project Total Other Costs Sub -Total $0 % on Project TOTAL PROJECT COSTS Federal Request: Non -Federal Amount: Total Total $0.00 $0.00 $0.00 $22,671 $0.00 $0.00 $22,671 $22,671 $0.00 $22 671 23 of 24 North Richland Hills- $22,671 Budget Narrative A. Personnel: No funds are requested in this category. B. Fringe Benefits: No funds are requested in this category. C. Travel: No funds are requested in this category. D. Equipment: No funds are requested in this category. E. Supplies: No funds are requested in this category. The North Richland Hills Police Department is seeking to enhance the safety and comfort of our officers and present a more professional and contemporary appearance to our community through this application for grant funding. The updated line of performance police uniforms has many features over traditional designs that will greatly enhance the safety, comfort, and appearance of our police officers. The updated uniform shirt and uniform trouser offer several integrated design enhancements to keep officers safe and comfortable in the most extreme of conditions. F. Construction: No funds are requested in this category. G. Consultants and Contractors: No funds are requested in this category. H. Other Costs: No funds are requested in this category. 1. Indirect Costs: No funds are requested in this category. City of Fort Worth 24 of 24 t; Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (including Zip Code) City of Fort Worth 350 West Belknap Street Fon Worth, TX 76102-2004 IA. GRANTEE IRSNENDOR NO. 756000528 3. PROJECT TITLE 2010 MO project Grant 4. AWARD NUMBER: 2010-Db13X-0164 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 08,04/2010 , 8. SUPPLEMENT NUMBER 00 1 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD II. TOTAL AWARD PAGE 1 OF 5 10;01/2009 TO 09/30/2013 10/01/2009 TO 09/30/2013 Initial SO i 7. ACTION 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACIIED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT I This project is supported under FY10 (BJA • JAG) 42 USC 3750, el seq. 15. METHOD OF PAYMENT GPRS MM AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James FL Burch 11 Acting Director 17. SIGNATURE OF APPROVING OFFICIAL 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND HUD. DIV YEAR ('ODE ACT OFC- REG X B D1 80 00 GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL S 887,364 S 887,364 Tom Higgins Assistant City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL i I9A. DATE AGENCY USE ONLY - -- �- 21. 1DJUGT0790 SUB POMS AMOUNT W 887364 01P FORM 40002 (REV 5-87) PRE/ IOUS EDITIONS ARE OBSOLETE OW FORM so0112 (REV 1-88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2010•DJ-BX-0164 AWARD CONTINUATION SHEET PACE 2 OF 5 Grant - j 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 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.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-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either I) 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 ofJustice Investigations Division 950 Pennsylvania Avenue, N.W. Roost 4706 Washington, DC 20530 e-mail: oig.hotlinegusdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DO1 OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or us subsidiaries, without the express prior written approval of OJP. 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. OJP FORM 1000/2 (REV. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau or Justice Assistance SHEET PROJECT NUMBER 20I0-31-13X-0164 Grant AWARD DATE 0R/04/2010 PAGE 3 OF 5 SPECIAL CONDITIONS 8. To support public safety and justice information sharing, OJP requires the grantee to use the National lnfommtion 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 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 hitp://www.ojp.gov/about/ocr/equalfrolitin. 11. 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 systi,m, 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 line 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 finds. 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 littp:/Avww.it.ojp.govidefault.aspx?arer policyAndPractice&page= (046. 14 Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 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 informtd consent Grantee agrees to comply with all confidentiality requirements of 42 U.S C. section 3789g and 28 C F R. Pan 22 that are applicable to collection, use, and revelation of data or information. Grantee tiinher 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 OJP FORM-1000/2 (REV 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2010-DJ•BX-0164 AWARD DATE 08:042010 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 finds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area, including properties located within a 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 ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation ofa new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation ofa program relating to clandestine metharphetamine 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 ofa Mitigation Plan, as detailed at http://www.ojp.usdol.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 ofa 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 of Justice Assistance no later than 90 days alter the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 18. 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. ()JP FORM 400012 (REV 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2010-D1-©X-0164 AWARD DATE 08/04/2010 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.bjaperformancetools.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 task force member of equivalent rank, will complete required online (intemet-based) task force training. The training is provided free of charge online through BJA s Center for Task Force Integrity and Leadership (www.cttli.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 13JA's web site and the Center for Task Force Integrity and Leadership (www.cttli.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 of Justice 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 .1000/2IREV .i 88) Department of Justice Office of Justice Programs Bureau ofiustice Assistance Washington, D.C. 2053/ Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: 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 criminal 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, prior 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 constniction; 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 'my 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. 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://www.ojp.usdoj.gov/BJA/resource/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. I Department of Justice Office ofJustice Programs Bureau of Justice Assistance This project is supported under FYI O (BIA - JAG) 42 USC 3750, ct seq. 1. STAFF CONTACT (Name & telephone number) Fsmeralda C. Womack (202) 353-1450 3a. TITLE OF THE PROGRAM , FY 2010 Justice Assistance Grant Program I _ 4. TITLE OF PROJECT 2010 JAG project 5. NAME & ADDRESS OF GRANTEE City of Fort Worth 3501Vest Belknap Street Fort Worth, TX 76102-2004 GRANT MANAGER'S MEMORANDUM, PT. 1: PROJECT SUMMARY PROJECT NUMBER 2010-DJ-BX-0164 Grant PAGE I OF I 2. PROJECT DIRECTOR (Name, address & telephone number) Sasha Kane Senior Contract Compliance 350 W Belknap Street Fort Worth, TX 76102-2004 (817) 392-4243 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAME & ADRESS OF SUBGRANTEE - - i 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 10. DATE OF AWARD $ 887,364 08/04/2010 1 1. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT I3. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Asisiance Grant Program (JACii allows states and units of local government, including tribes, to supports broad range of activities to prevent and control crime based on their own state and local needs and conditions. Gram funds can be used for state and local initialnes, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems fur criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, ev a luation, and tcc hnutogy unptuvernent programs. and 7) crone victim and witness programs (other than compensation). The following jurisdictions arc listed as disparate entities under the Fiscal Year 2010 JAG Local Program: Tarrant County, city of Fort Worth, city of Arlington, city of Bedford, city of Haltom City, city of thirst, and city of North Richland Hills. The city of Fort Worth will serve as the fiscal agent to administer the JAG funds for OW FORM 1000/2 (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., lasers, radios, police cruisers, lidar devices, etc.), drug court case manager services, and mental health personnel services. NCAJNCF Office of Justice Programs August 4, 2010 Mr. Tom Higgins City of Fon Worth 350 West Belknap Street Fort Worth, TX 76102-2004 Department of Justice Office of Justice Programs Bureau of Justice Assistance IVashingwn, D.C. 20531 Dear Mr. Higgins: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice 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 tenns 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.ocfo(rifusdoj.gov. Congratulations, and we look forward to working with you. Sincerely, c James 11 Burch II Acting Director Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 10531 August 4, 2010 Mr. Tom Higgins City of Fon 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. The Office for Civil Rights (OCR), Office of Justice Programs (OW), U.S. Department of Justice 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 of Justice 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 of Justice 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 makes clear that organizations participating in programs funded by the Department oflustice 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 sce OCR's website at http://www.ojp.usdol.gov/ocr/etfbo.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:(I) 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 3I.202(5)), 1) Meeting 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 S500,000 or more and has 50 or more employees (counting both full- and part-time employees 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 fetter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdo3.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 retum 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 less 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.htrn. 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 pmviding 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, 7114A-1 a. ALA -- Michael L. Alston Director cc: Grant Manager Financial Analyst 3 M&C Review Page 1 of 3 CITY COUNCIL ' GENDA Official site of the City of Fort Worth, Texas FORT WORT H COUNCIL ACTION: Approved on 8/3/2010 - Ord. No. 19261-08-2010 DATE: CODE SUBJECT: 8/3/2010 REFERENCE NO.: C-24387 LOG NAME 35JAG10 C TYPE: NON -CONSENT PUBLIC HEARING: YES 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=13903&councildate=8/3/2010 8/18/2010 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 PURPOSE AREA Marked Police Patrol Vehicles and Grant Administration Adult Drug Court and Mental Health Liaison Police 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 $887,364.00 GR76 441042 035423485000 $16.000.00 GR76 5 $416.036.00 (VARIOUS) 035423485010 GR76 539120 035423485020 $152.939.00 GR76 539120 035423485030 $236.637.00 GR76 539120 035425485040 $23.701.00 GR76 539120 035423485050 $16,675.00 GR76 539120 035423485060 $18,705.00 GR76 539120 035423485070 $22.671.00 GR76 5 (VARIOUS) 035423485080 $16.000.00 FROM Fund/Account/Centers Submitted for City Manager's Office by Tom Higgins (6292) Originating_Department Head: Jeffrey W. Halstead (4210) http://apps.cfwnet.org/council packet/mc review.asp?ID=13903&councildate=2/1/7.(110 2/1 ei2n1 n M&C Review • Page 3 of 3 Additional Information Contact: ATTACHMENTS 35JAG10 AO.doc Monique Lee (4221) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13903&councildate=8/3/2010 8/1,e/7n i n