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HomeMy WebLinkAboutContract 43296 (2)Memorandum of Understanding Between The City of Fort Worth, TX and The City of Hurst, TX CITY SECRETARY Li COM' CT NO. 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas (hereinafter referred to as "Recipient") and the City of Hurst, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice, Bureau of Justice Assistance, Fiscal Year 2011 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 2011 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of $15,033.00 shall provide for patrol holsters and flashlights for the Hurst Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated by reference as part of this MOU. 4. RESPONSIBILITIES: A. Recipient: OFFICIAL RECORD CITY Y SECRETARY FT. WORTH, TX 1) The Recipient is the cognizant fiscal agency of the FY 2011 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2011 JAG is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3) The Fort Worth Police Department — Program Support Division — Grants and Contracts Section (PSD-GCS) will oversee the administration, procurement, and reporting for the Subrecipeints' grant -funded activities and will act as the Fiscal Agent for the FY 2011 JAG Program funds. Additionally, PSD-GCS will review and approve and/or request approval from DOJ of any written requests by subrecipient for modifications to the attached Exhibit A. 4. The Recipient shall pay the Subrecipient an amount not to exceed $15,033.00 from available grant funds for approved services and expenses rendered in accordance with the terms of this upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services Interlocal Agreement Between The City of Fort Worth, TX Page 1 of 6 and The City of Hurst, TX 06-1 1-1 2 P03 : 1 9 IN under this contract. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined and explained in the Office of Management and Budget (OMB) Circulars A-122 and 1-110. B. Subrecipient: 1. Participate in a collaborative effort with the Recipient in the application administration, and implementation of the FY 2011 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 2011 JAG. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2011 JAG Budget Narrative ', which is incorporated by reference as part of this MOU, and (4) "Exhibit B" to the 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 DOJ in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 5th calendar day of the following month. The monthly performance reports must contain the following infou cation: 1) A detailed list of all projects or activities for which FY 2011 JAG were expended or obligated during the previous month, including a) The name of project or activity; b) A description of project or activity; c) An evaluation of the completion status of the project or activity; and d) An estimate of the number of jobs created and the number of jobs retained by the project or activity. 2) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 4. Submit monthly Request for Reimbursement (RFR) forms and vendor report fat is with an original signature by an authorized representative to Sasha Kane, PSD-GCS, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 no later than the 5th calendar day of the month following expenditures. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic report from the Subrecipient. Reimbursements Interlocal Agreement Between The City of Fort Worth, TX Page 2 of 6 and The City of Hurst TX 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 2011 JAG funds that were expended to projects or activities during the previous month; 2) The amount of FY 2011 JAG funds that were obligated during the previous month; 3) Detailed information on any subcontracts or subgrants awarded by the recipient to include data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregated reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 5. Submit any and all proposed changes to attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre -approval for deviations from budget may result in a denial of reimbursement. 6. Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. Such records shall be available to Recipient for investigation, examination and auditors as necessary. 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 penod. 5. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Sasha Kane telephone number: (817) 392- 4243 email address: sasha kane@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane@fortworthtexas.gov. Performance reports should be submitted by the Project Directors of the aforementioned FY 2011 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane @ fortworthtex as. gov. Interlocal Agreement Between The City of Fort Worth, TX Page 3 of 6 and The City of Hurst TX B. Subrecipient The primary point of contact for Subrecipient is Janet Grubish, telephone number: (817) 788- 7131 email address: janetg@ci.hurst.tx.us, mailing address: 1501 Precinct Line Road, Hurst, Texas, 76054. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 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 2011 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 patrol holsters and flashlights 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 Hurst. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the mvalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Recipient or its representatives shall have the right to investigate, examine and audit at any time any and all necessary books papers, documents, records and personnel that pertain to this contract or any related subcontracts. Interlocal Agreement Between The City of Fort Worth, TX Page 4 of 6 and The City of Hurst TX 10. TERM. This MOU will become effective on the date it is executed by both parties ("Effective Date') and remain in effect throughout the grant period (ending September 30, 2014) Each party represents that this MOU has been executed by a representative with the authority to contract on behalf of that party. This MOU is null and void if funds are not awarded. 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the City of Fort Worth: Sasha Kane Senior Contract Compliance Specialist City of Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 For the City of Hurst: Janet Grubish 1501 Precinct Line Road Hurst, TX 76054 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 2011 Justice Assistance Grant to the Department of Justice, unless one of the parties earlier requests termination or modification of the MOU, accompanied by 60 days' notice of such request. [The remainder of this page was intentionally left blank.] Interlocal Agreement Between The City of Fort Worth, TX Page 5 of 6 and The City of Hurst TX CITY OF HURST W. Allan Weegar City Manager Signature: Date: AZ // APPROVED AS TO FORM AND LEGALITY: City of Hurst CITY OF FORT WORTH Charles Daniels Assistant City Manager Signature: Date: ATTEST: City Secretary Printed Name: �/air"'rr Date: [� Signature.7—'"e-an Date: % deedvae,4<-- 06.07. it. „cownemaa.-trt:174 ft O�� 60Q Q0Q0 hq o 0 Y Aa w J —n o CI0 % pi */ G *- /En . 4•4,Qo000004a°4o ne 4 r'EXPLse 411:0ittgostattsr APPROVED AS TO FORM AND LEGALITY: Jessica Sangsvang Assistant City .torney. Signature: Date: (9 --seen_ Authority M&C: Qe253(fO Contract Number: OFF%C1 RECORD CUY SECRETARY FT TH1 TX Interlocal Agreement Between The City of Fort Worth, TX and The City of Hurst, TX Page 6 of 6 Exhibit A "FY 2011 JAG Budget Narrative Hurst- $15,033.00 Budget Detail Worksheet A. Personnel Position ( Computation/Description No funds are requested in this category B. Fringe Benefits Position No funds are requested in this category C. Travel Purpose of Travel Location No funds are requested in this category I D. Equipment Item No funds are requested in this category E. Supplies Patrol holsters Patrol flashlights Item F. Construction Position No funding requested in this category G. Contractor Services No funding requested in this category I H. Other Costs Position I No funding requested in this category Computation/Description Item I % on Project Sub -Total Total $0.00 Total Sub-Totall $0.00 Computation/Description Computation/Description Description Description Description Total Sub -Total $0.00 Unit Price/ Number Total Sub-Totall $0.00 Computation 70 x $100.00 70x$117.00 Supplies Sub -Total Cost $7,000.00 $8,190.00 $15,190.00 % on Project I Total Construction Sub -Total I $0 % on Project I Total Sub -Total I I % on Project I Total Other Costs Sub -Total I $0 I. Indirect Costs Position 1 No funding requested in this category Budget Summary Budget Category A. Personnel B. Fringe C. Travel D. Equipment E Supplies F. Consultants/Contractor Services Description on Project 1 Total Indirect Costs Sub -Total 1 $0 TOTAL PROJECT COSTS Federal Request: Non -Federal Amount: Total $0.00 $0.00 $0.00 $0.00 $15,190.00 $15,190.00 $15,033.00 $157.00 $15,190.00 Hurst- $15,033.00 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: $15,033.00 The City of Hurst requests FY 2011 JAG funds to be used to replace and purchase new supplies in order to support patrol and traffic operations for the Hurst Police Dep.' intent 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. I. Indirect Costs: No funds are requested in this category. « ar �,Ix oc ,. �� Office ofJustice Programs August 24, 2011 Mr. Charles Daniels City of Fort Worth 350 West Belknap Street Fort Worth, TX 76102 Dear Mr. Daniels: Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance Washington, D.C. 20531 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 I I Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $697,332 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.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 2053/ August 24, 2011 Mr. Charles Daniels City of Fort Worth 350 West Belknap Street Fort Worth, TX 76102 Dear Mr. Daniels: 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 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 of Justice 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 ofJustice 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 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.ojp.usdoj.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 31.202(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 $500,000 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 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 Fomi 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.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 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 Fort Worth, TX 76102 IA. GRANTEE IRS/VENDOR NO. 756000528 3. PROJECT TITLE Tarrant County and the jurisdictions of Fort Worth, Arlington, Bedford, Hurst, and North Richland Hills' law enforcement, drug court, and mental health liaison projects 12. SPECIAL CONDITIONS Grant 4. AWARD NUMBER: 201 I-DJ-BX-2923 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 08/24/2011 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD PAGE I OF 6 10/01/2010 TO 09/30/2014 10/01/2010 TO 09/30/2014 7. ACTION Initial $0 $ 697,332 $ 697,332 THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI 1(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 17. SIGNATURE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Charles Daniels Assistant City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 697332 OW FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OW FORM 4000/2 (REV. 4-88) 21. KDJUGT1282 Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2011-DJ-BX-2923 AWARD CONTINUATION SHEET Grant AWARD DATE 08/24/2011 PAGE 2 OF 6 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-I33, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department ofJustice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. 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 its subsidiaries, 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. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2011-DJ-BX-2923 AWARD CONTINUATION SHEET Grant AWARD DATE 08/24/2011 SPECIAL CONDITIONS PAGE 3 OF 6 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office ofJustice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements) and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office ofJustice Programs web site at http://www.ojp.gov/finding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). I I . 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). 12. 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 Junsdtctions, 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. 13. To support public safety and Justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this 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.plip. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 201 I-DJ-BX-2923 AWARD CONTINUATION SHEET Grant AWARD DATE 08/24/2011 SPECIAL CONDITIONS PAGE 4 OF 6 14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area, including properties located within a 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 ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. implementation ofa program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation ofa Mitigation Plan, as detailed at http:/hvww.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 ofa national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system fimded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2011-DJ-BX-2923 AWARD CONTINUATION SHEET Grant AWARD DATE 08/24/2011 PAGE 5 OF 6 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department ofJustice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct finding 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 ofJustice 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 httplAvww.ojp.gov/about/ocr/equal_fbo.htm. 18. 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. 19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office ofJustice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 20. 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. 21. 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. 22. Award recipients must submit quarterly a Federal Financial Report (SF 425) and annual perforniance 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. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. 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. OW FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 201 1-D1-BX-2923 AWARD CONTINUATION SHEET Grant AWARD DATE 08/24/2011 SPECIAL CONDITIONS PAGE 6 OF 6 25. 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.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.ctfli.org). 26. Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice Programs has received documentation demonstrating that the state or Local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 27. Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 28. Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, Offce of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 29. Recipient may not expend, or drawdown funds until the Bureau ofJustice Assistance, Office ofJustice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 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 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 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/oi 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. Department of Justice Office of Justice Programs Bureau of Justice Assistance This project is supported under FYI I (BJA - JAG) 42 USC 3750, et seq. GRANT MANAGER'S MEMORANDUM, PT. 1: PROJECT SUMMARY PROJECT NUMBER 2011-DJ-BX-2923 Grant PAGE 1 OF 1 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Esmeralda C. Womack (202) 353-3450 3a. TITLE OF THE PROGRAM FY 2011 Justice Assistance Grant Program 4. TITLE OF PROJECT Sasha Kane Planner 350 W Belknap Street Fort Worth, TX 76102-2004 (817)392-4243 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) Tarrant County and the Jurisdictions of Fort Worth, Arlington, Bedford, Hurst, and North Richland Hills' law enforcement, drug court, and mental health liaison projects 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Fort Worth 350 West Belknap Street Fort Worth, TX 76102 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2014 FROM: 10/01/2010 TO: 09/30/2014 9. AMOUNT OF AWARD $ 697,332 10. DATE OF AWARD 08/24/2011 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. 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 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 based 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 for criminal justice, including for any one or more of the following purpose areas: I) 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, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee and five sub -recipients will utilize JAG funds to support projects that fall under various JAG purpose areas. The city of Fort Worth will serve as the fiscal agent and will utilize its portion of funds for law enforcement equipment. Specifically, the city will acquire new, marked vehicles (with accompanying OJP FORM 4000/2 (REV. 4-88) accessories) for the Fort North Police Department's Criminal Highway Interdiction Unit that is being created. The sub -recipient initiatives are a combination of law enforcement projects to include equipment and supplies for officer safety, surveillance, communication, and recording; dntg court projects (personnel and dnig court conference attendance); and mental health related services. NCA/NCF City of Fort Worth, Texas ayor and Council Communication COUNCIL ACTION: Approved on 12/6/2011 - Ordinance No. 20006-12-2011 DATE: Tuesday, December 06, 2011 LOG NAME: 35JAG11 SUBJECT: REFERENCE NO.: C-25340 Conduct a Public Hearing and Ratify Application for and Authorize Acceptance of a $697,332.00 Grant from the Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance, Authorize Execution of Grant Agreement and Related Memoranda of Understanding with Tarrant County and Cities Located in Tarrant County, Authorize Use of Anticipated Interest in the Amount of $10,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION It is recommended that the City Council: 1. Ratify the application for and authorize acceptance of a grant from the Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance in an amount not to exceed $697,332.00, 2. Authorize the acceptance of grant funds, if awarded, in an amount not to exceed $697,332.00; 3. Authorize the execution of Memoranda of Understanding with Tarrant County and other cities located within Tarrant County to designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and the manner in which the grant money will be disbursed and utilized; 4. Authorize the use of anticipated interest in the amount of $10,000.00 in accordance with the grant; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $707,332.00, subject to receipt of the grant. DISCUSSION: The Fiscal Year 2011 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, Hurst and North Richland Hills are required to negotiate with Tarrant County to develop a program budget and strategy The cities included in this Application have worked on collaborative projects for the past 20 years including intelligence sharing, crime analysis, juvenile and adult drug treatment and the 2005-2010 Justice Assistance Grant (JAG) Formula and Recovery Act JAG Programs. Following the announcement of the Fiscal Year 2011 JAG, representatives from the below listed agencies agreed that the City of Fort Worth should again serve as the cognizant agency for the Fiscal Year 2011 JAG Formula Program. A total of $697,332.00 is available to be shared among the below listed jurisdictions and will be distributed in the following manner: http://apps.cfwnet.org/ecouncil/printmc.asp?id=15859&print=true&DocType=Print 12/7/2011 JURISDICTIONS City of Fort Worth Tarrant County Arlington Bedford Hurst North Richland Hills PURPOSE AREA Marked Police Vehicles for the Criminal Highway Interdiction Unit Adult Drug Court and Mental Health Liaison Police Supplies (Minor Equipment) Police Equipment Police Equipment Police Equipment AMOUNT $341,539.00 $120,742.00 $183,882.00 $17,799.00 $15, 033.00 $18,337.00 No 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 among the above entities. The City of Fort Worth's funding will provide eight new marked vehicles and the equipment to outfit these vehicles for the Criminal Highway Interdiction (CHI) Unit that is being created. The establishment of this Unit is a top priority for the Department, but with budget constraints, funding has not been available. The Police Department does not have within its organizational structure a Domestic Highway Enforcement Unit. The CHI Unit will consist of seven police officers and one police sergeant. The purpose of the CHI Unit will be to conduct highway enforcement of existing traffic laws and subsequent roadside investigations in an overt effort to detect, disrupt, thwart gain intelligence within and to arrest those persons and/or entities involved in the illegal transportation of the following items of concern: • Illicit narcotics, • Illicit currency related to the proceeds (or funding) of narcotics trafficking and/or terrorism, • Human trafficking of deportable aliens, • Human trafficking of those individuals related to known or unknown terrorist cells, and • Transportation of weapons of mass destruction. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers 6) GR76 6) GR76 6) GR76 6) GR76 6) GR76 61 GR76 61 GR76 6) GR76 6) GR76 451891 035423577000 441042 035423577000 5(VARIOUS) 035423577010 539120 035423577020 539120 035423577030 539120 035423577040 539120 035423577050 539120 035423577060 5(VARIOUS) 035423577070 $697.332.00 810.000.00 $341.539.00 $120.742.00 8183.882.00 $17.799.00 $15.033.00 $18.337.00 $10.000.0Q CERTIFICATIONS: Submitted for City Manaaer's Office by: Originating_Department Head: FROM Fund/Account/Centers Tom Higgins (6292) Jeffrey W. Halstead (4210) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15859&print=true&DocType=Print 12/7/2011 Additional Information Contact: ATTACHMENTS 1. 35JAG 11 AO12.doc (Public) Sasha Kane (4243) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15859&print=true&DocType=Print 12/7/2011