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HomeMy WebLinkAboutContract 45372 (2)CO1TV ONCEZ_, COSn MOT 9 Grant Agreement for Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhood) Between Safe City Commission, Inc. And City of Fort Worth Contract # 2013-GP-BX-0005 I. Parties. Safe City Commission, Inc. ("SCC") and the City of Fort Worth ("Subrecipient"), do hereby make and enter into this contract, which, constitutes the entire agreement under the above referenced contract number between SCC and Subrecipient. SCC and Subrecipient make this contract for the following mutual considerations. II. Authority to Contract. U.S. Department of Justice ("DOJ"), Office of Justice Programs has authorized SCC, as Fiscal Agent, to enter into this contract with Subrecipient for the purpose of providing funds for items listed in the budget included in Section V(B) including overtime hours for Fort Worth Police Officers to work in the Project Safe Neighborhood ("PSN") target areas, cost of overtime, surveillance equipment, state -of -the art intelligence software, and travel. III. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract, venue for said action shall lie in Tarrant County, Texas. IV. Contract Modification. This contract may be amended only in writing signed by SCC and Subrecipient. V . Financial Limitations and Considerations. RECEIVE �qy A. Funds Availability. Payments to Subrecipient under this contract shall at all times be contingent upon the availability and receipt of federal funds that the Department of Justice has allocated to this contract; and if funds for this contract become unavailable during any budget period, this contract may be immediately reviewed, terminated, or reduced at the discretion of SCC. B. Amount of Payment. SCC shall pay Subrecipient up to a maximum of S 137,861.00 from available funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified billing statement with accompanying documentation. SCC may reduce any payments to the extent of any previous overpayments by SCC to Subrecipient. If program income accrues, the Subrecipient shall return to SCC any income that exceeds actual costs incurred for services rendered under contract. In no event shall payments by SCC to Subrecipient exceed the Subrecipient's actual reasonable, necessary and allowable costs to provide services under this contract budget. bet. rL RECORD CORD E riTY SECRETARY WORTMu TX j FEB iciom Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page--af 7�; Overtime for Officers Travel for GREAT Training Keltech Lighthead Surveillance Crime Point Cameras Digital Social Network Software Total $70,021.00 $2,040.00 $13,800.00 $16,000.00 $36,000.00 $137,861.00 C. Basis for Payment. The basis for payment for services rendered under this contract is indicated in the service terms with the budget. The Subrecipient shall follow and be subject to fiscal and billing policies and procedures of SCC and the DOJ. SCC is not obligated to pay unauthorized costs or to pay more than the Subrecipient s allowable and actual incurred costs consistent with federal and state regulations. The Subrecipient is responsible for submitting bills by the 10th of each month for payment of the prior month service period. SCC will make reasonable effort to process all bills received by the 10th and issue payment by the end of the month the bill was received. The method of payment is cost reimbursement Payment of the Program Funds from City to SCC shall be made on a cost - reimbursement basis following receipt by City from SCC of a signed Request for Reimbursement four (RFR), "Exhibit B." Submittal of a monthly RFR is required even if services are not provided. When services are not provided during a month, a zero dollar RFR is required. The Subrecipient is responsible for submitting Performance Measures Report, "Exhibit C' , and Activities Report, "Exhibit D", by the 10th of each month regardless of level of activity. D. Actual Costs. The reimbursement made to the Subrecipient shall not exceed the Subrecipient's actual costs to provide the services under this contract and the Subrecipient's actual costs, both direct and indirect, must be reasonable and allowable according to the Office of Management and Budget (OMB) Circulars A-122 and A-110. E Lobbying Limitations. The Subrecipient shall not use any funding under this contract to influence the outcome of elections or the passage or defeat of any legislative measures F. Taxes. SCC will not be liable for state, local, or federal excise taxes incurred by or payable by Subrecipient The Subrecipient must demonstrate on -site compliance with the Federal Tax Refonn. Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees The Subrecipient must comply with all Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page 2 of 7 Federal and State tax laws and withholding requirements. SCC will not be liable to the Subrecipient's employees for any Unemployment of Workers' Compensation coverage, or Federal or State withholding requirements. G. Force Majeure. To the extent offered by law, the Subrecipient shall be liable for undue delays or failures to perform except for any delay in or failure of performance of any requirement caused by force majeure (i e those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of SCC in the exercise of reasonable diligence until these exigencies have been removed. The Subrecipient shall inform SCC in writing of proof of such force majeure within a reasonably prudent time. H. Accounting. The Subrecipient shall adhere to Generally Accepted Accounting Principles(GAAP)promulgated by the American Institute of Certified Accountants. I. Record Keeping. The Subrecipient shall maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, 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 findings involving these records begin before the five (5) year period expires, the Subrecipient will keep the records and documents for not less than five years and until all litigation, claims or audit findings are resolved. Contract period means the beginning date through the ending date specified in the original contract; extensions are considered to be separate contract periods. VI. Additional Responsibilities of Subrecipient. The Subrecipient is required to: A. Provide services in accordance with the provisions of this contract; and shall allow SCC, Bureau of Justice Assistance (BJA) and its representatives to monitor, audit, evaluate and otherwise review the services provided and related documentation. B Notify SCC and BJA immediately and in advance of any significant change affecting the Subrecipient, including change of Subrecipient's name or identity, ownership or control, governing board membership, executive leadership, payee identification number, or other significant events. C. Refrain from transferring or assigning this contract or from entering into any subcontract for the services under this contract without prior written approval from SCC. Request for approval must be submitted in writing and include the qualifications of the subcontractor to perform and meet the standards of this contract. D. Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2013 Project Safe Neighborhoods. 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 A" to the MOU, entitled "Award Document" which is incorporated by reference as part of this MOU. E Establish a method to ensure the confidentiality of records and other infou nation relating to clients according to applicable federal and state laws, rules and regulations, Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page 3 of 7 including, but not limited to those set forth in 42 U.S.C. Section 3789g and 28 CFR part 22. F. Subrecipient acknowledges, regardless of their type, the monetary amount awarded or the number of employees in the workforce is subject to the prohibitions against discrimination in any funded program or activity. The U S Department of Justice Office of Civil Rights may require Subrecipient through selected compliance reviews, to submit data to ensure Subrecipient's services are delivered in an equitable manner to all segments of the service population and Subrecipient's employment practices comply with equal employment opportunity requirements. G. Conflicts of Interest. Subcontractor agrees to comply with applicable state and federal laws, rules, and regulations regarding conflicts of interest in the performance of its duties under this contract. VII. Service Provisions. The Subrecipient agrees to provide overtime, equipment and training not to exceed $137,861.00. VIII. Provisions for Termination of Contract and Contract Dispute Resolution: A. If the Subrecipient fails to provide services according to the provisions of this contract, SCC may, upon written notice of default to the Subrecipient, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. B. SCC shall suspend or revoke this contract if the Subrecipient is found liable for or has a contract, license, certificate or permit of any kind revoked by any governmental authority. C. SCC based on information from monitoring or other verifiable sources, may terminate this contract for cause or take other actions if Subrecipient breaches a material term of this contract that is not cured within thirty (30) days from the date of notice by SCC. In addition, SCC may (a) recoup payments made to the Subrecipient based on audit findings or violations of contract requirements, or (b) suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment during the period Subrecipient is in breach, which has not been cured. D. If federal or state laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this contract. Subrecipient shall be reimbursed by SCC for any actual expenses occurred under this contract up to the date of the discharge. E This contract may be terminated at any time by mutual consent In addition, either party to this contract may terminated by giving thirty (30) day's notice to the other party, in which case this contract will be terminated at the end of the thirty (30) day period. Nothing in this Section shall be construed to prohibit immediate termination of the contract pursuant to Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page 4 of 7 Sections VIII, A and B above. F. At the end of the contract term or other contract termination or cancellation, the Subrecipient shall in good faith and in reasonable cooperation with SCC and BJA, aid in transition to any new arrangement or provider of services. IX. Execution of Contract. The person signing this contract hereby warrants that he/she has the legal authority to execute this contract on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this contract. If it is ever shown for any reason that the signatory to this contract is not authorized to bind the relevant entity, the signatory may be personally liable for the satisfying the teens contained herein. X. Acceptance of funds under this contract acts as acceptance of the authority of the BJA, the Office of Inspector General or any successor agency to audit or investigate the expenditure of funds under this contract or any subcontract. XI Severability. The provisions of this Agreement are severable and, if for any reason, a clause, sentence, paragraph or other part of this Agreement 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. XII. Right to Audit. SCC agrees that the Subrecipient shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of SCC involving transactions relating to this Contract. SCC agrees that the Subrecipient shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Subrecipient shall give SCC reasonable advance notice of intended audits. SCC further agrees to include in all its subcontracts hereunder a provision to the effect that the sub -consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities, and shall be provided adequate and appropriate work space, m order to conduct audits in compliance with the provisions of this article. City shall give sub -consultant reasonable advance notice of intended audits SCC and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse SCC and sub - consultant for the costs of copies at the rate published in the Texas Administrative Code. Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page 5 of 7 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to SCC by City If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with SCC. If, as a result of any audit, it is determined that SCC misused, misapplied or misappropriated all or any part of the Program Funds, SCC agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. SCC's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments and as directed by the Police Department's Contract Services Administrator. SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by SCC under this Agreement, and City shall have access at all reasonable hours to offices and records of SCC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. XIII. Waiver of Immunity. Subrecipient hereby does not waive any and all protections it may be afforded as a political subdivision of the State of Texas under the doctrine of governmental or sovereign immunity. XIV Paragraph Headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. XV. NOTICE All notices required or permitted by this contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party. 1. CITY Charles W. Daniels, Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Sasha Kane, Senior Contract Compliance Specialist Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 2. Ken Sheffer, Executive Director Safe City Commission Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page6of7 777 W. Rosedale Street Fort Worth, TX 76106 XVI. TERM. The term of this contract is for a period beginning on November 19, 2013, and ending on September 30, 2014. All of Subrecipient's expenditures under this Contract must be submitted to SCC for payment prior to September 30, 2014. IN WITNESS WHEREOF, the parties hereto have executed this contract in multiples in Fort Worth, Tarrant County, Texas, to be effective this the id.ay of , , 2014. CITY OF FORT WORTH harles Daniels Assistant City Manager APPROVAL RECOMMENDED At ra, By: o Jeffrey Halstead Chief of Police Date: FL.d tqatega—f APPROVED AS TO FORM AND LEGALITY Br flJt'tk' 144 fl'l Michelle M. Kretz Assistant City Attorney Contract Authorization: M&C: 0--21,5-Lese Date: !(IQ /15 r By: Mary J. Kayse City Secretary THE SAFE CITY COMMISSION, INC. Ken Shetter Executive Director 1 OFFICIAL RECORD it CITY SECRETARY 1 Ft WORni, TX Project Safe Neighborhoods Grant Agreement FY 14 CFW and Safe City Commission, Inc. Page 7 of 7 Exhibit A- Award Document ,,� '.. \, � • .• Department ofJustice Office ofJustice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Safe City Commission 201 Main Street Suite 112 Fort Worth, TX 76102-0000 IA. GRANTEE IRS/VENDOR NO. 752509669 3. PROJECT TITLE Northern District of Texas PSN Project Grant 4. AWARD NUMBER: 2013-GP-BX-0005 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM I 6. AWARD DATE 09/30/2013 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD PAGE 1 OF 6 10/01/2013 TO 09/30/2015 10/01/2013 TO 09/30/2015 7. ACTION Initial SO S 500,000 $ 500,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI3(BJA - PSN) Pub. L. No. 113-6, 127 Stat. 198, 254 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Karol Virginia Mason Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL htiAzeov.movlad., 111111111111® GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Ken Shelter Executive Director 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X B GP 80 00 00 500000 OJP FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 21. MGPUGT1392 Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTTNUATIONSHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2013-GP-BX 0005 AWARD DATE 09/30/2013 SPECL4L CONDITIONS 1. 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 offending, 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 outstandmg 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 m 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 govemment, 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 of Jushce Programs Bureau of Justice Assistance AWARD CONTINUATIONSHEET Grant PROJECT NUMBER 2013-GP-BX-0005 AWARD DATE 09/30/2013 PAGE 3 OF 6 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with 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/finding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are mcorporated 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). 9. 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 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) goveming the use of federal funds for expenses related to conferences, meetings, trainmgs, and other events, including the provision of food and/or beverages at such events and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov/funding/confcost.htm. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are bemg provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 14. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging ofpomography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal mvestigations, prosecution, or adjudication activities. 15. Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department ofJustice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATIONSIIEET PAGE 4 OF 6 Grant PROJECT NUMBER 2013-GP-13X-000S AWARD DATE 09/30/2013 SPECIAL CONDITIONS 16. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project 17. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2013-GP-BX-0005 awarded by the Bureau ofJustice Assistance. The Bureau ofJustice Assistance is a component of the Office ofJustice Programs, which also includes the Bureau ofJustice Statistics, the National Institute ofJustice, the Office ofJuvenile Justice and Delmquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department ofJustice " The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. 18. 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. 19. 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. 20. The recipient acknowledges that the Office ofJustice Programs (OJP) reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the nght to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" mcludes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all nghts and data necessary to fulfill the recipient's obligations to the Government under this award If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 21. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by the Office ofJustice Programs (OJP) program office prior to obligation or expenditure of such funds OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2013-GP-BX-0005 AWARD CONTINUATIONSHEET PAGE 5 OF 6 Grant AWARD DATE 09/30/2013 SPECIAL CONDITIONS 22. All contracts under this award should be competitively awarded unless circumstances preclude competition. When a contract amount exceeds $100,000 and there has been no competition for the award, the recipient must comply with rules governing sole source procurement found in the current edition of the OJP Financial Guide. 23. The grantee agrees to secure and maintain on file signed statements by each member of the selection committee appointed by the United States Attorney or the PSN Task Force indicating that in making recommendations or decisions regarding contracts or subgrants paid for by this grant, the member had no conflict of interest. Such statements must include all of the language included in the PSN Conflict of Interest Certification, however, the grantee may use a different format or may add other related certifications of their own. 24. The recipient agrees to coordinate the project with the U.S. Attorney and Project Safe Neighborhoods Task Force for the distract covered by the award. The recipient also is encouraged to coordinate with other community justice mitiatives (such as Weed & Seed and ATF's Youth Crime Gun Interdiction Initiative), and other ongoing, local gun prosecution and law enforcement strategies. 25. The recipient agrees to submit to DOJ for review and approval, any proposal or plan for Project Safe Neighborhoods and Anti -Gang Initiative media -related outreach. DOJ approval must be received prior to any obligation or expenditure of grant funds related to the development of media -related outreach projects. 26. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 27. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal governments Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation ratesallowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 28. The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e g. budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued removing this special condition. OJP FORM 4000/2 (REV. 4-88) Department ofJustice Office ofJustice Programs Bureau ofJustice Assistance AWARD CONTINUATIONSHEET PAGE 6 OF 6 Grant PROJECT NUMBER 2013-GP-BX-0005 AWARD DATE 09/30/2013 SPECIAL CONDITIONS 29. The recipient agrees to comply with OJP grant monitoring guidelines, protocols and procedures, and to cooperate with OJP (including the grant manager for this award and the Office ofChief Financial Officer (OCFO)) on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to 03P all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipients access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 30. 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. _ 31. 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. 32. 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/funding/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 (Le., unrelated to any business or non-profit organization that he or she may own or operate in his or her name) OJP FORM 4000/2 (REV. 4-88) Exhibit B- RFR i ' NorthemDistrictofTexas ProjectSafe, Neighborhoods 2013/2014 PSN Reimbursement Request Grant 2013-GP-BX-0005 Program Period • Submit to: Safe City Commission Submitting Agency: 1100 Hemphill Agency Contact Name: Fort Worth, Texas 76104 email: Attn: i3. 0 Quin Period covered by this request: Budget Category 1 Personnel 2 Fringe 3 Travel 4 Equipment 5 Supplies 6 Construction 7 Consultants/Contracts 8 Other Total Direct Costs 9 Indirect Costs A B Budget Amount $ 70,021.00 Total Programmatic Costs $ 2,040.00 65,800.00 137,861.00 137,861.00 Oct to Nov Previous Reimb! rsements This Request $ $ $ $ $ $ $ $ $ $ C MEW IMP b (B+C) Total Requested $ $ $ $ $ $ $ $ $ $ SAFE CITY ;CQMMISSI_QN INC.' IN Ell IMP E (A -I)) Balance Available 70,021.00 2,040.00 65,800.00 137,861.00 I Please Attach: 1. Attach original invoices and the cancelled checks showing payments (front and back) 2. For Personnel Cost, include copies of times sheet and cancelled checks or report from payroll provider; time sheets & copies of checks must contain original signatures. r have reviewed this request and ceritfy that the listed expenses are accurate and are chargeable to the FY2013 - 2013-GP-BX-0005 Authorized Official Date Title Summary: Total Budget: Previous Requests: This Request: Total Spent: Balance left in grant: bate Paid: Check Number: None $ Fiscal Agent Use Only Exhibit C- Performance Measures Perfor e i an:ce. Measures Violent Gang and Gun Crime_l ed action Frog Am (Project Safe Neigh rho a d) 2043 GP--' - Submit to: The Safe City Commission Submitting Agency: 1100 Hemphill Agency Contact name. Fort Worth Texas 76104 Email: 817-885-7774 Attn B. O'Quin Period Covered: Performance Measures FWPD Objective Performance Data Grantee Measures Provides To create safer neighborhoods by reducmg gun violence, gun and gang crime and sustaining that reduction. 1. Percentage of change over the previous year in the number of homicide cases committed with a firearm within the targeted PSN area. 2. Percentage of change in the number of combined homicides, aggravated assaults, and robberies that are arrested where a firearm is involved within the targeted PSN sites within the current period. 3. Percentage of change in the number of gang -related crimes. 4. Percentage of change in the number of illegal firearms confiscated or ceased for evidentiary purposes from target areas. 1. Number of homicide victims as a result from use of a firearm during the previous year compared to current year during the same reporting period within the targeted PSN sites. 1. Confirmed Data from Previous Reporting Period Data For Current Reporting Period 1. 2. Number of combined 2. 2. homicides and homicides, aggravated assaults, and robberies combined that are committed with a firearm during the current reporting period within the targeted PSN sites. 3. Number of gang -related 3. 3. homicides combmed aggravated assaults, and robberies during the reporting period within the targeted PSN sites. 4. Number of illegal firearms confiscated or ceased for evidentiary purposes from target areas during reporting period within the targeted PSN sites.. * Data will be provided based on NIERS reporting. * Data provided will be based on best available data at the time of the report. will be unofficial data, which means that it will be data provided prior to Texas Department of Public Safety review and approval. 4 • 4 • Due to the reporting deadlines, data Exhibit D-Activities Report SAFE CITY COMMISSION BJA FY 13.VIOLENT GANG AND GUN CRIME REDUCTION PROGRAM(PROJECT SAFE NEIGHBORHOODS) ACTIVITIES REPORT Grant No. 2013-GP-BX 0005 Information provided will be used by SCC and USAO NDTX to monitor project activities and ensure proper use of Federal funds. Agency name Reporting period (dates) Type of Report fMonthiy DSemi-Annual oFinal Date of report Data provided by Report completed by Report Narrative 1. Activities Performed 2. Results Achieved 3. Activities Remaining 4. Corrective Action 5. Changes in Schedule Comments: City of t= MayorandC©ar. nt Worth, Texas rrA! Communication DATE: Tuesday, November 19, 2013 REFERENCE NO.: LOG NAME: 35FY13PSN SUBJECT: Authorize Acceptance of the FY 2013 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods) Grant Funds in the Amount of $137,861.00 from Safe City Commission, Inc., Authorize Execution of a Contract with Safe City Commission, Inc. and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 5, 8, and 9) RECOMMENDATION: It is recommended that the City Council: C 2LpSLS 1. Authorize acceptance of FY 2013 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods) grant funds in the amount of $137,861.00 from Safe City Commission, Inc.; 2. Authorize execution of a contract with Safe City Commission, Inc., for implementation of the grant funded project; and 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $137,861.00 upon receipt of the grant. DISCUSSION: The FY 2013 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods "PSN") is a nationwide network designed to create safer neighborhoods by reducing gun violence and gun crime and sustaining that reduction. Safe City Commission, Inc., is serving as the fiscal agent to implement this grant program in the Seminary and Poly -Technic areas of Fort Worth. The Police Department is receiving $137 861 00 in grant funds from a total program award of $500,000.00. The Police Department will utilize $70,021.00 for officer overtime, $2,040.00 for training, $29,800.00 for surveillance equipment, and $36,000.00 for digital social networking software. Fringe benefits associated with the overtime are not eligible for reimbursement under this grant. The strategy of this PSN program is to utilize data -driven, intelligence -led enforcement against violent gun and gang offenders. This multi -agency effort will investigate gun trafficking and gun seizures and specially address the problem of individuals who have been issued protective orders having access to firearms. The goal of this program is to also increase cooperation for federal prosecution of gun crimes and targeted intervention programming for children who witness violence and are susceptible to gang influence and recruitment. 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 Logname: 35FY 13PST Page 1 of 2 GR76 451891 035423683000 $137.861.00 FROM Fund/Account/Centers GR76 5(VARIOUS) 035423683010 $137.861.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. 35 FY13 PSN GR76 A014.docx (Public) Charles W. Daniels (6199) Jeffrey W. Halstead (4200) Aya Ealy (4239) Logname: 35FY13PSN Page 2 of 2