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HomeMy WebLinkAboutContract 4299709 - ( at- CITY SECRETARY CONTRACT NO. L1 aq r_1 -7 Memorandum of Understanding Between The City of Fort Worth, TX and The City of Arlington, TX 1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort Worth, Texas (hereinafter referred to as "Recipient ") and the City of Arlington, Texas ( "Subrecipient "). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipient's responsibilities under the U.S. Department of Justice, Bureau of Justice Assistance, Fiscal Year 2009 Justice Assistance Grant (JAG). 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in order to facilitate effective implementation of the FY 2009 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of $255,462 shall provide for supplies and minor equipment for the Arlington Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated herein by reference the same as if fully copied and set forth at length. 4. RESPONSIBILITIES: A. Recipient: 1) The Recipient is the cognizant fiscal agency of the FY 2009 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2009 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 2009 JAG Program funds. Additionally, ASB -GCMD will review and approve and/or request approval from DOJ of any written requests b� subrecipient for modifications of attached budget (attached as Exhibit A). 4. The Recipient shall pay the Subrecipient an amount not to exceed $255,462 from available grant fiends for approved services and expenses rendered in accordance with the terns of this memorandum of understanding upon receipt of a proper and verified invoice with satisfactory program accompanying documentation of ser ' . vtt ed. l -hc reimbursement trtade to lbF Subrecipient shall not exceed actual ct' "OHL&A �RD MC111or3ndutn of I lldcl�tjlwme WNn ecn the t itV ��l t (o �1 wth, I X and the ( iii <�t �'' hneton. I CITY SECRETARY t FT. WORTH TX 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 2009 JAG; collaboration to last throughout the life of the grant. 2. Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2009 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 15 "' calendar day of the following month. The monthly performance reports must contain the following information: 1) A detailed list of all projects or activities for which FY 09 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 Sasha Kane, ASB- GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 no later than the 15'h 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 09 JAG funds that were expended to projects or activities during the previous month, and 2) The amount of FY 09 JAG funds that were obligated during the previous month. 5. Submit any and all proposed changes to attached budget to the Recipient prior to anv expcn(liture deviation from approved budget. No expenditures inconsistent � +ith Nlen)Otan&IIII Of l ndrtoandm�, beteeen the (°its of i on �\ oilh. 1 \ and the ( W% of AtImLlun, 1 \ t'aec 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. Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. If any litigation, claim, or audit involving these records begins before the fifth (5) year period expires, the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- 4243, email address: sasha.kaneLwfortworth Toy v.org. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sasha.kane(a�fortworthgov.org. Performance reports should be submitted by the Project Directors of the aforementioned FY 2009 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 a,fortworthgov.org. B. Subrecipient The primary point of contact for Subrecipient is Elaine 459 -5704 email address: elaine.victoria @arlingtontx.gov, Arlington, Texas, 76004 -1065. C. Recipient and Subrecipient Victoria, telephone number: (817) mailing address: P.O. Box 1065, Before any item included in an RFR tiv ould be denied as unallowable, Recipient agrees to confer with Subrecipient to alloN� for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. Vcnw;amtwn of I udcislanding hclt keen Ihr ( it. of I oM Wolth. IN end tfic ( ih .,t Alling,tcm. YX Page A of b 6. ENTIRETY OF AGREEMENT. This MOU, consisting of six pages and exhibits, represents the entire and integrated agreement between the parties and supersedes all prior discussions and negotiations, representations and agreements, whether written or oral as related specifically to the U.S. Department of Justice, FY 2009 JAG. 7. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 8. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for supplies and minor equipment as outlined. However, the parties to this MOU do not intend to enter a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or the City of Arlington. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. 10. EFFECTIVE DATE. This MOU will become effective on the date it is executed by both parties and remain in effect throughout the grant period. Each party represents that this MOU has been executed by a representative with the authority to contract on behalf of that party. This MOU is null and void if funds are not awarded. 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the Cite 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 Arlington: Trev Yelverton P.O.Box 90231 Arlington, Tai 76004 -3231 \1cmofandum (,I( ndetstnudnF iM,k cell UIC ( tt. of 1 urt Ay utth 1 X and the t_ its ,! Ailinyiou'. I X Pate 4 tit 0 l 2. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the grant period or (2) the submission of the final report regarding the FY 2009 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.] \lrr Iv! andum k:i l uder tari,Iinti hcIUecn the ( it1 , i bout '�{ otth. ) \ and the ( its (ii \Ihnglor�_ I \ Page < of 6 CITY OF ARLINGTON Trey Yelverton Deputy City Manager / 1 _ W �• - I4 APPROVED AS TO FORM: JAY DO GEY, City Attorney HY CITY OF FORT WORTII 17)c:r1 zf Assistant City Manager Signature: Date: D3, //0-, fz ATTEST: S Date: 3 -0o to APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant City Attorney a �OAi� a j000000tyC P'. a u A I Signature Date/l;� Authority M &C:le z "raC-- a3"r'i, tO - 0`7- C)q Contract Number: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX titerttoiandum of I ndeioandint: hetv+eern the ( it. of Fort \k'orih, I X and the ( At of Ai Iington. I X Page 6 of 6 Exhibit A Arlington- $255,462 Budget Detail Worksheet �'Perso�nd 3 Position Description % on Project Total No funding requested in this category Fringe Benefits Sub - Total: $0 Personnel Sub -Total 1 $0 =Fti1ltirt:Iin . t F Position Description % on Project Total No funding requested in this category G� %C0>attaldt�s alnd.oi�#t'tctox+e'rvia�ss , _ ` , Position Description Total No funding requested in this category Computation Fringe Benefits Sub - Total: $0 =Fti1ltirt:Iin . t F Position Description % on Project Total No funding requested in this category G� %C0>attaldt�s alnd.oi�#t'tctox+e'rvia�ss , _ ` , Purpose of Travel Location Item Computation Cost No funding requested in this category $0 Equipment Sub -Total $255,462 Travel Sub -Total $0 =Fti1ltirt:Iin . t F Position Description % on Project Total No funding requested in this category G� %C0>attaldt�s alnd.oi�#t'tctox+e'rvia�ss , _ ` , Item Computation Cost No funding requested in this category 315 packages x $810.99 each Supplies Sub -Total $0 =Fti1ltirt:Iin . t F Position Description % on Project Total No funding requested in this category G� %C0>attaldt�s alnd.oi�#t'tctox+e'rvia�ss , _ ` , Item Com utation Cost Electronic control device, holster, and cartridge 315 packages x $810.99 each $255,462 Equipment Sub -Total $255,462 =Fti1ltirt:Iin . t F Position Description % on Project Total No funding requested in this category G� %C0>attaldt�s alnd.oi�#t'tctox+e'rvia�ss , _ ` , Jurisdictions Description % on Project Total No funding requested in this category Consultants & Contractors Sub -Total $0 Position I Description I % on Project I Total i No funding requested in this category 1 Other Costs Sub -Total 1 $0 1 Position Description % on Pro ect Total No funding requested in this category Indirect Costs Sub -Total $0 0 i of F o n Worth 7of,3 01% of on Won)) 8 of 33 Budget Category Amount A. Personnel $0 B. Fringe $0 C. Travel $0 D. Equipment $0 E. Supplies $255,462 F. Construction $0 G. Consultants and Contractor Smices $0 H. Other Costs $0 I. Indirect costs $0 TOTAL PROJECT COSTS $255,462 Federal Request: $255,462 Non - Federal Amount: $0 01% of on Won)) 8 of 33 Arlington- $255,462 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: $255,462 315 electronic control devices, holsters, and cartridges will be purchased at $810.99 each. F. Construction: No funds are requested in this category. G. Consultants and Contractor Services: No funds are requested in this category. H. Other Costs: No funds are requested in this category. I. Indirect Costs: No funds are requested in this category. Cits of Foul \Vorth O (if 13 Exhibit B C ),I P FOR NJ 41*W' I Rla', � S 7) PRE 1, 10 US EDITIONS A R 1 0HSULETE APPFl)VFD "IS TO FORM AIND LFGALFTY L T Y Al TC)RNE Department of Justice Office 01-justice Programs PAGE I OF 5 Bureau of Justice Assistance Grant 1. RECIPIENI NAME AND ADDRESS (Includnig ZipCodc) 4. AWARD NUNIBLR: 2009-DJ-BX-1379 Criv of Fort Worth 356 West Belknap Sircei S. PROJECT PERIOD: FROM 10,'012008 TO 0930112012 Fort Worth, TX 76102 BUDGET PERIOD: FROM 121012008 TO 09130/21012 6. AWARD DATE 082812009 7. ACTION IA. GRANTEE IRS/VFN`DOR NO. S. SUPPLEMENITNUMBER Iniuel 756000528 00 9. PREVIOUS AWARD AMOUNT so 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $961,198 FY 2009 Justice Assistance Grant Program IL TOTAL AWARD s 961,198 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT' IS APPROVED SUBJECT' TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON T`FIE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is suppimcd under 42 U.S.C. 3751(a) (BJA, JAG Formula) 15-NIM-110D OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch 11 Ds4t-,Ecisselel Acting Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENl OFFICIAL 19A. DATE, 4 AGENCY USE ON 20 ACCOUNTING Cl.aSSIFICATION CODES 21. ID)LGT3728 HS(Al FUND Rl 12 D)V Yl Ap CODE Al *T QFC FZE(j, S(;Li PWl� A%jOtllf 191Z, R D-I S-o I lU 00 9111191 C ),I P FOR NJ 41*W' I Rla', � S 7) PRE 1, 10 US EDITIONS A R 1 0HSULETE APPFl)VFD "IS TO FORM AIND LFGALFTY L T Y Al TC)RNE Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE: 2 OF s Grant PROJECT NTINIRER 20U9 -W -BX -1379 AWARD DATE 082,f /2W9 SPF.C'IAL 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 42.342), tha; is approved by the Office for Civil Right:. is a violation of its Certified Assurances and may result in suspension or termination of finding, 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 1) submitted it false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W Room 4706 Washington, DC 20530 e -mail: oig.hotlineGusdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9381 Additional information is available from the DOJ OIG website at wNvA,.usdoj.govioig. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2009 -DJ -BX -1379 AWARD DATE 08!2882009 SPECIAL CONDITIONS PAGE 3 Ot 5 6. 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 lunds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities twill 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 graut funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, ]case, 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 ofanew program involving the use of chemicals other than chemicals that are (a) purchased as au 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 methamplictamine laboratory operations, including the identification, seizure, or closure of clandestine methampltetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:/ iwww. ojp. usdoj .gov/BJA/resource /nepa.htiiii, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of national or program environmental assessment of that funded program or activity. 7. 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 tite 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. 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Infomtation Exchange Model (NiEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schcmas 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:!r.� wtiv. Diem .go•riimplementatior.guide.php The recipient as required to estabit�it a trust timd account (Ilie (rust fund may or may not be an rmerest -bet rinL account.) The fund, including any interest, may not be used to pay debts or expenses urcutTed by other activities beyond Ole scope of the Pdward Herne Mim^rwl Justice Assist +nee Grant Program OAG) The recipient ;also agrees lo obligaie and expend the grant tunds in the trust land (including any irnerect earned) during the period of the gra:„ Gri r.t kinds (including any interest earned) not expended by the end of the grant period must he returned to the Bure:w ut Justicc Assistance no later than 90 days after the end ul the grant periud, along with the final submission of the I-'inar,cial Status Report (SF -269). Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAOF 4 OF s Grant PROJNCTNUMBGR 2009 -DJ -M -1379 A WARD DA "rF 08128/2009 SPECIAL CONDITIONS 10. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by lave and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements Will be monitored by BJA. I I . The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. fart 23. Criminal intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable. Should ON determine 28 C.F.R. Part 23 to be applicable, ON 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. 11 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 : /rwww.it.ojp.gov /default.aspx ?area= polic3,AndPractice &page =1046. 13. 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 offustice 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 hnp:,'/www.ojp. gov/about/ocr/eqva I_ tbo. ht m. 14. 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 15. 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 infbrmed consent. 16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 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. i , the rcapteut agrees that funds received under this av aid will not be used w supplant St:,i, or local funds. but ;kill be used to incTeasc the amount, of such funds that would. in the ahs.;tce of Federal funds. he made available for law enfrncrment a.nvihes. , i, ,. :,._ ti, . -,. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE s or s Grant PROJECT NUMBER 2009 -DJ -BX -1379 AWARD DATE 0812912009 SPECIAL CONDITIONS 18, The grantee agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (intemet - based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address 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 will be provided by BJA regarding die required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (ww,,v.ctfli.org). 19. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of AtStice 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. 20. Recipient may not obligate, 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 (CAN) releasing this special condition. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/27/2009 — Ord. No. 18889 -10 -2009 DATE: Tuesday, October 27, 2009 REFERENCE NO.: C -23881 LOG NAME: 35JAG09 SUBJECT: Conduct Public Hearing and Authorize the City Manager to Ratify the Application for and to Accept, if Awarded, a $961,198.00 Grant from the Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant Formula Program from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; Authorize the City Manager to Execute the Grant Agreement for Acceptance of Grant Funds and a related Memorandum 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. Conduct a public hearing regarding the application for a grant from the Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant Formula Program to allow the public an opportunity to comment as required under the grant application; 2. Authorize the City Manager to ratify the application for and to accept, if awarded, a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Fiscal Year 2009 Edward Byrne Memorial Justice Assistance Grant Formula Program, not to exceed $961,198.00; 3. Authorize the City Manager to Execute a Memorandum of Understanding with Tarrant County and 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; 4. Authorize the use of anticipated interest in the amount of $16,000.00; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $977,198.00 subject to receipt of the grant. 1 • Moil The Fiscal Year 2009 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, Euless, Forest Hill, Grapevine, Haltom City, Hurst, Mansfield 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 and adult drug treatment and the 2005 -2008 Justice Assistance Grant (JAG) Formula and Recovery Act JAG Programs. Following the announcement of the Fiscal Year 2009 JAG, representatives from the following agencies met and agreed that the City of Fort Worth should again serve as the cognizant agency for the Fiscal Year 2009 JAG Formula Program: A total of $961,198.00 is available to be shared among the below listed jurisdictions and will be distributed in the following manner: .IURDISDICTIOr City of Fort Worth Tarrant County Arlington Bedford Euless PURPOSE AREA Marked Police Patrol Vehicles Court and Liaison Programs Police Supplies (Minor Equipment) Police Vehicle/Equipment ID Card/Encoder Machine Forest Hill Electronic Control Devices Grapevine Conference Room Furniture Haltom City Equipment (Investigations) Hurst Officer Training and Equipment Mansfield Crime Analyst Program North Richland Hills Electronic Control Devices No matching funds are required. Fort Worth is 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 for 19 new marked patrol units for front line patrol and Neighborhood 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 $419,144.00 will be used to purchase 19 vehicles at a cost of $22,060.21 each. FISCAL INFORMATION: 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. AMOUNT $419,144.00 $165,559.00 $255,462.00 $ 25,031.00 $ 12,632.00 $8,643.00 $9,008.00 $16,887.00 $19,147.00 $9,341.00 $20,344.00 v TO Fund/AccountICenters GR76 451891 035423403000 FROM Fund/Account/Centers $961.198.00 GR76 441012 035423403000 $16.000.00 $419.144.00 GR76 GR76 5(VARIOUS) 539120 035423403020 035423403010 $165.559.00 GR76 539120 035423403030 $255.462.00 GR76 539120 035423403040 $25.031.00 GR76 539120 035423403050 $12.632.00 GR76 539120 035423403060 $8.643.00 GR76 539120 035423403070 $9.008.00 $16.887.00 GR76 539120 035423403080 GR76 539120 035423403090 $19.147.00 GR76 539102 035423403100 $9,341.00 GR76 539120 035423403110 5(VARIOUS) 035423403120 $20,344.00 $16.000.00 GR76 CERTIFICATIONS: Submitted for City Manager's Office by: Tom Higgins (6292) Originating Department Head: Jeffrey W. Halstead (42 10) Additional Information Contact: Sasha Kane (4243) LOWYAMORY."Mrs �