HomeMy WebLinkAboutContract 44541� � i
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Memorandum of Understanding
Between the City of Fort Worth, TX and the City of Ar'gton, TX
FY 2012 Justice Assistance Grant
1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort
Worth, Texas (hereinafter referred to as "RecipienY') 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 2012 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 2012 JAG, in compliance
with the DOJ Program requirements. Once awarded, grant funds in the amount of
$139,406.00 shall provide for mobile video recording devices and associated equipment for
the Arlington Police Department as outlined in the Budget Narrative, attached as `B�ibit A"
and incoiporated by reference as part of this MOU.
4. RESPONSIBILITIES:
A. Recipient:
1) The Recipient is the cognizant fiscal agency of the FY 2012 JAG Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
grant.
2) After the FY 2012 JAG is awarded, the Recipient shall facilitate and manage the
grant throughout the life of the grant, as required by the gi�ant 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 Subrecipients' grant-funded activities and will act as the Fiscal
Agent for the FY 2012 JAG Program funds. Additionally, PSD-GCS will review and
approve and/or request approval from DOJ of any written requests by subrecipient for
modi�cations to the attached Exhibit A.
4)
The Recipient shall pay the Subrecipient an amount not to exceed $139,406.00 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
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-ll0. �'-`�`�-�------
OFFICIAL RE�ORD �
MOU between the City of Fort Worth, TX
and the City of Arlington, TX
RECEIV�U �UI� � 3 2�i�
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B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the FY 2012 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 2012 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 2012 JAG
Budget Narrative", which is incorporated by reference as part of this MOU, and (4)
`B�ibit 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
malce 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 5�' 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 2012 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 forms
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 5�' 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 repart 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:
MOU between the City of Fort Warth, TX
and the Ciry of Arlington, TX Page 2 of 6
1) The amount of FY 2012 JAG funds that were expended to projects or
activities during the previous month;
2) The amount of FY 2012 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 awarded 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�nal 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.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
2012 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350
West Bell�nap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to
s asha. kane@fortworthtexas. gov.
B. Subrecipient
MOU between the City of Fort Worth, TX
and the City of Arlington, TX Page 3 of 6
The primary point of contact for Subrecipient is Elaine Victoria, telephone number: (817)
459-5704 email address: elaine.victoria@arlingtontx.gov, mailing address: P.O. Box 1065,
Arlington, Texas, 76004-1065.
C. Recipient and Subrecipient
Before any item included in an RFR would be denied as unallowable, Recipient agrees to
confer with Subrecipient to allow for clarification and explanation. Recipient agrees to
memorialize in writing any oral conversations concerning this subject matter.
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 2012 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 mobile video recording packages and associated
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
of�cer, 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.
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.
MOU between the City of Fart Worth, TX
and the City of Arlington, TX Page 4 of 6
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 Arlington:
Trey Yelverton
P.O.Box 90231
Arlington, TX 76004-3231
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 2012 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.]
MOU between the City of Fort Worth, TX
and the City of Arlington, TX
Page 5 of 6
ACCEPTED AND AGREED:
CITY OF ARLINGTON:
By: ���
7heron L. B�wman Ph.D.
Deputy City Manager
Date: � ��/����� �
APPROVED AS TO FORM
AND LEGALITY:
City of Arlington
Printed Name: l ����1 � �r-r ��
Signature: �� � �j�/
Date: 3 I aa / ��
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Daniels
Assistant City Manager
Date: �6. //. /3
APPROVAL RECOMMENDED:
By; `7��� / t''�' �
Jeffrey W. Halstead
Chief of Police
Date: 6 ' �^% • � 3
APPROVED AS TO FORM AND
LEGALI�,�Y: c- C'
BY� .l
Jessica S gsvang
Assistant ity Attorney
Date: �� - � � � �
Contract Authorization:
M&C: �,`� � � � Z- c�S
Date Approved
ATTES
By:
Mar j� J.`Kayse
City Secretary
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MOU between the City of Fort Worth, TX
and the City of Arlington, TX
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ExhibitA
Arlington- $139,406
City of Fort Worth
Budget Detail Worksheet
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�?�r.711(1 Qit'Aum2�l8 � � ';u � � � , `� "` � �'��;�� � � ��%-,,i""�> e_,. - � �,-� � " � � ?
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Bud et Cate o Amount
A. Personnel $p
B. Frin e $p
C. Travel $p
D. E ui ment $139,406
E. Su lies $Q
F. Construction $p
G. Consultants and Contractar Services $p
H, Oti�er Costs $p
I. Indir$ct costs $p
TOTAL PROJECT COSTS $139,406
Federal Re uest: $139 406
Non-Federal Amoant: $0.00
City of Fort Worth
Arlington- $� 39,406
Budget Narrative
A. Persannel: No funding requested in this category.
B. Friuge Beneiits: No funding reyuested in this category.
C. Travel: No funding reqnested in this category.
D. Equipment — $139,406
19 additional mobile video devices in a continuing effort to outft the entire marked fleet of
140 vehicles. 1�dditianal equipment including servers, file storage, and docking stations will
be required to effectively support the DVRs to be purchased.
E. Supplies: No funding requested in this category
F. Construction: No funding requested in this categary
G. Consultants/Contracts: Na funding requested in this category
H. Other Costs: No funding requested in this category
I. Indirect : No funding requested in this category
City of Fflrt Worth
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Depardnent of Justice
Office of Justice Programs
Bureau of Justice Assistance
- -
, 1. RECIPIENT NAME AND ADDRESS {lntludmg Zip Codc)
Ciry of Fon Worth
350 West 9elknap Street
Fon Worth, 7X 76IO2•2oP1
lA. GRANTEE IRSNENpORNO.
TSb000528
3. PROJECT TiTLE�
Tertant County FY 2012 JAG Projcct
Grant
PAGE 1 OF 7
4. A WARD NUMBER; 2012-DJ-8X-1U36
5. PROIECT PER10D: FROM
BUDGET PERIOD: FROM
6. AWARp dATB OS/16/2012
8. SUPPLEMENT NUMBER
00
9. PftEV[OUS AWARD AMOUtJT
10. AMOUNT OF THIS AWARD
I l. TOTAL AWARD
lO/O V2011 TQ 09/30i2015
tOlOV2011 TO 09t30/2015
__,.�� ,_, �, �..
_� { � 7. ACTiON
i Inirial
!
€
SO
S 561,566
S 561,566
12. SPECIAL CONDITIONS
THE ABOYE GRAN'f PROJECT 1S APPROVED SUBJECI'?O SUCH CONDiTIONS OR UMITATfONS AS ARE SEi FORTH
pN THE ATTACHED PAGb{S).
t3. STATUTORY AUTHORITY FOR GRANT
71iis project is supponed undcr FY 12{BJA - JAO} 42 USC 3750, et seq.
IS. METHOD OF PAYMENT
GPRS
� AGENCY APPROVAb _
iG. TYPED NAME AN� TITLE OF APPROVING OFFICIAL
Denise O'Donnell
Dirccto�
., �._..... —_--��
IT. SIGNATURE OF APPROV(NG OFFICIAL
s4�. �r-:s._P!,
��� Gf2ANTEEACCEP7ANCE �
IB. TYPED NAME AND T1TLE OF AUTHORIZED ORANTEE OFF1C[AL
Cluules W. Danieis
Assistant City Maneger
19. StGNATURE OF AUTHO[tIZED RECIPIENf OFF[CtAL � tFA, nh'T�
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OJP F4RM d000/2 {R�V. 5-87) PREVIOUS EDITIONS ARE 08SOLETE,
OJP FORM 4000l2 (REV. 4•88)
Department of Justice
Office of Justice Programs
Sureau of Jusfice Assistance
Grant
PROIECT'NUMBER 2012•DJ•8X-1036
AWARD COPTTINUATION
SNEET
AWARD DATE
SP�CIRL COND1770N5
08/16l2012
PAGE 2 OF 7
The recipient agrees to comply with the financial and adrninistrative requirements set forth in ihe current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. 'the recipient acknow(edges that failure to submit an acceptable Eq�al Employment Opportunity Pian (if rccipient is
required to submit one pursuant to 28 C.F.R. Section 42302}, that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in saspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comp(y with the organizational audit requirements of OMB Circular A• 133, Audits of States,
Locat Governmenu, and Non-Profit Organizations, and fiuther understands and agrces that funds may be withheld, or
other related requiremenu may be imposed, ifoutstanding audit issues (if any) &om OMB Circular A• I33 audits (and
any other aadits ofOJP grant funds) are not satisFactorily and promptly addressed, as furthcr described in tha cuRent
editioa of the OJP Financial Guide.
4, Recipient understands and agrees that it cannot usc any federal funds, either directty or indirectly, in support of the
enactment, repsal, 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 O1G any crcdible evidencc that a prineipal, employee, agent, eontractor,
subgranue, subcontractor, or other person has either 1) submitted a false claim for grant funds under the Faise Claims
Aet; or 2) c;ommitted a criminal or civil violation of taws pertaining to &aud, conflict of interest, bribery, gratuity, or
similar miswnduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the O[G by -
mail:
Office of'the Inspector GeneraI
U.S. DeparlmenlofJustice
]nvestigations Division
950 Pennsylvania Avenue, N.W.
Room 47d6
Washington, DC 20530
e-mail: oi$.hotiineQusdoj.gov
hoUine: (contact information in English and Spanish): (800) 869-4q99
or hotline fae: (202) 616-9881
Additional information is avaitable from the DQJ OIG website at wvnv.usdoj.gov/oig.
6. Recipieni anderstands and agrees that it cannot use any i�dera! Ponds, either direcily or indirecUy, in support of any
eonaact or subaward to either the Association of Communiry Qrganizations for Reform I�low (ACORN) or its
subsidiaries, without the express prior written approva! of OJP.
The recipient agrees to compiy with any additional requirements that may be imposed during the grant performance
period if the agency detcrmines ihat the recipient is a high-risk grantce. CF. 28 C.F.R. parts 66, 70.
O)P FORM 4000/2 (REV, 4•88)
T?epartment of Justice
Office of Justice Arograms
Bnreau of Justice Assistance
Grant
PROJECT NUMBER
2012-D1-8X•1036
AWARD CO1vTINUATION
SHEET
AWARD DATE OS/I6t2012
PAGE 3 OF 7
SPECIAL CONDITIONS
S. 'il�c recipient agrees to comply with applicable requiremenls regarding Central Contractor Registration (CCR) and
applicable mstrictions on subawards io first-tier subrecipients that do not acquira and provide a Data Universal
Numberistg System (DUNS) numbec 'E'he detaiis of recipient obligations are posted on the Office of Justice Programs
web site at http://www.ojp.govlfhndingtccr,hhn (Award condition: Central Contractor Registration and Universal
[denti�er Requirements), and are incor{�orated by reference here. T"his special condition does not apply to an award to
an iadividual who received the award as a natural person (i.e., unreluted to any business or non-profit organization that
he or she may own or operate in his or her name).
9. Pursuant io Executive Order t3513, "Federal Leadership on Reducing Text Messaging Wh'sle Driving," 74 Fed. Reg.
51225 (October t, 2009}, the Department encourages recipients and sub recipients to adopt and enforce policies
banning eraployees from texi messaging while driving any vchicic during the course of performing work funded by this
grant, and to establish workptaoe safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers,
l0. The recipient agrees to wmply with all applicable lews, regulations, policies, and guidance (including speoific cost
limits, prior approva! and reporting requiremonu, whcre app(icabie} goveming the use of federal funds for expenses
related to conferences, meetings, trainings, and other events, including ihe provision of food and/or beverages at such
events, and costs af attendance at such evenis. infortnation on pertinent laws, regutations, polieies, and guidance is
available at www.ojp.gov/ft�ndinglconfcost.hqn.
t 1. 'fhe recipient understands and agreas that any training or training materials developad or delivered with funding
provided under this awurd msut adi�ere to the OJP Training Guiding Principles for Grantees and Subgrantees, avaitabte
at http:!/www.ojp.usdoj.gov/Tundingiojptrainingguidingprinciples.htm.
12. The recipient agrees that if it currently has an open awazd of federal ftmds or if it receives an award of Pederal funds
other than this OJP award, and thosc award funds have been, are being, or are to be used, in whole or in pari, for one or
more of the identical cost items for which flrnds are being provided under this OJi' award, the recipient wiU promptly
notify, in writing, the grant manager for this OJA award, and, if so requested by OJP, seek a budget-modification or
change-of-project-scope grant adjustment notice (GAN) to etiminate any inappropriate dupliearion of funding.
13. The recipient agrees to campty wsth applicabla requirements to report first-tier subawards of 525,000 or more and, in
certain circumstances, to report the names and total compensation of tha five most highly comgensated executives of
the recipient and first-iier suhrecipients of award funds. Such data wi1) be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obtigations, which derive from the Federal Funding Aceountabitity
and Transparency Act of 2006 {FFATA), are posted on the O�ce of Justice Arograms web site at
http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawazds and Executive Compensation), and are
incorporated by reference here. This condition, and its reponing requirement does not apply to grant awards made to
nn individua! who received the award as a natural person (i.e., unretated to any business or non-profit organization that
he or she may own operate in his or her name},
14. 'fhe recipient agrees that alt income generated as a direct resulf of this award shall be deemed program income. AI!
program income earned must be accounied for and used for the purposes of funds provided under this award, including
such use being consisient with the conditions of the award, the effective edition of the OJP Financial Guide and, as
applicable, either (1) 28 C.F.R. Part 6b or (2) 28 C.F,R Part 70 and 2 C.F.R, Part 215 (QM8 Circular A-I ] O). Further,
the use of program income must be reported on the quarterly Federal Financia! Report, SF 425.
OJP FORM 4400/2 (REV.4•88)
Department oflustice
Office ofJustice Programs
Bureaa of Justice Assistance
AWARD CONTINUATYON
SHEET
Grant
PR0IECT NUM BER
2012•DI-BX-1036
' a:e �: r.
SPECI�4L CONDITIONS
van6no�z
15. The grantee agrees to assist B!A in complying with the National Environmental Aolicy Act (NEAA), the National
Historic Preservatioa Act, and other related federal environmental impact analyses rcquirements in the use of these
grant fGnds, either directly by the grantee or by a subgrantee. Accordingty, the grantee agrees to Hrst detertnine if any
of the following activities will be funded by chc grant, prior ro obligating funds for any of these purposes. [f it is
deterrnined that any of thc foilowing activities wiU be funded by the grant, the grantee agrees to contact BJA.
'Ihe grantee understands that this special condition applies to its foltowing new activiHes whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being condueted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this speciat
wndition must first be met. The activilies covered by this special condidon are:
a. New construction;
b. Minor renovation or remodeling of a property [ocated in an environmentally or historically sensitive area, including
properties located within a 100-year flood p(ain, a wetland, or liabitat for endangered species, or a property listed on or
e3igibte for listing on the National Register of Histpric Places;
a A renovation, iease, or any proposed use of a buildiag or facility that will either (a) resuh in a change in its basic
prior use or (b) signi�canUy change its size;
d. Implemeniation of a aew program involving the use of chemieats other than chemicais that are (a) pwchased as an
incidental component of a funded activity and (b) traditionally used, for example, in ofiia, household, recreational, or
education environmenu; and
e. Imp[ementation of a pmgrnm relating to clandestine methamphetamine tnboratory operations, including the
identi�cation, seizure, or clasure of ctandestine rnethemphctamine laboratories.
The gruntee understands and agrees that complying with NEPA may require the preparation of an Enviranmental
Assessment andlor a�� Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detaited at
http:/twww.ojp.usdaj.gov/BJAlresource/nepa.htmt, for programs re)ating to methamphetamine iaboratory operations.
Applieation of This 5peeial Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrtintees' existing programs or activities that will be funded by these grant funds, ihe grantae, upon specific requesi
from BJA, agrees to cooperate with BJA in any preparation by BJA of a nationsl or program environmental assessment
of that fundcd program or activity.
16. To avoid duplicating exisiing networks or IT systems in any initiatives funded by BJA for lew enforcement inforniation
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, ro the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantce can
domonstrate to the satisfaction of BJA thak this reqa'uement would not be cost ef%ctive or would impair ihe
functionality ofan existing or proposed 1T system.
l7. In order to promote information sharing and enabte interoperability among disparate systems across the justice and
public safery community, OJP requires the grantee to comply with D4J's Global Justice [nformation Sharing Initiative
(DOJ's Global) guidetines and rocommendations for this particular grant. Gra►►tee shalt conform ta fhe Globa!
Standards Package (G$P} and ali constituent elements, where applicabte, as d�scribed at:
http://www,it,ojp.govlgsp,�tantcondition. Grantee shall document planned approaches to information shsring and
describe wmptiance to the GSP and appropriate privacy policy that protects shared infomiation, or provide detailed
justification for why an alternative approach is recommended.
OJP FORM 4000l2 (REV. 4-98)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROJ[CT NUMBER 2013-DI-BX-1036
: : :_� � . _ i ;. ..i i
PAGE 5 OF 7
SPECIAL CONDlTIONS
18. The reaipient is required to establish a wst fund accouni. (The trust fund may or may not be an inierest-bearing
account.) The fLnd, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of ihe Edward Byme Memorial Justice Assistance Grant Progcam (JAG). The recipient aiso agrees to obligate
and expend the grant ftmds in the trusi fund (including any interest earned) during the period of the grant. Grant funds
(incfuding any incerest earned) not expended by the end of the grant period must be retumed to the Bureau of Justice
Assistance no tater than 90 days nRer the end ofthe grant period, along with the finat submission ofthe Federal
Financiaf Report (SF-425).
14. JAG funds may be used to purchase bu0etproof vests for an agency, but may not be used as the 50% mateh for
purposes of the Bullet�rpof Vest Partnership (BVP) program.
20. The recipient agrees to submit a signed certification that thst all law enforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed
certiHcations on fite for any subrecipients ptanning to utilize JAG funds foc bulletproofvest purchases. This policy
must be in place for at least ati uniformed otTicers before any FY 2012 JAG fi�nding cnn be used by the agency for
bulletproof vests. There are no requiremenu regarding the nature of the policy other than it being a mandatory wear
policy for all uniformed o�cers while on duty.
21. Bulletproof vests purchased with !AG funds may be purchased at any threat lovel, make or model, from any distributor
or manufacturer, as long as the vesu have been tested and found to comply witlt applicable National Institute ofJeistice
baliistic or stab standards. ]n uddition, bulletproof vests purchased with JAG funds must be American-made. The latest
NTJ standard infarmation can be found here: http;/lwww.nii.uovRouicsltechnolo¢v/badv-armorlsafetv-initiative.htrn.
22. 7'he recipient agrecs that any information teohnology system funded or supported by OJP funds will comply with 28
C.F,R, Part 23, Criminal intelligence Systems Operating Policies, ifOJP determines this regulation to 6e applicable.
Shouid OJP detennine 28 C.T'.R. Part 23 to be applicable, OJP may, at its discretion, perfor,n audits of the system, as
per the regutation, Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fned as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal fands.
23. The recipient agrees to ensure that the Stace Infoimation Technology Point of Contact receives written notificaiion
regazding any information technotogy project funded by this grant during the obligation and expenditure period. 'Chis is
to facilitate communication among local and state govemmental entities regarding various informntion technology
pmjects being conducted with these grant funds, tn addition, the recipient agrees Fo maintain an administrativc fiic
documentin$ the meeting of this requirement. For a list ofState Infonnation 7'echnology Points of Coniact, go to
http://www.it.ojp.govldefnult.aspx?area�oticyAndPraciice&page�t 046.
2a. The grantee agrees to comply with ihe applieabte requirements of 28 C.F.R. Pazt 38, the Departmeni of ]ustice
regulation goveming "$qual Treaunent for Faith Based Organizations" (thc "Equat TreaUnent Regulation"). The Equal
Treadnent Regulation provides in part that Department of Jusdce grant awards of direct funding may not be used to
fund any inherentty religious activities, such as worship, religious inswetion, or proselytizaiion. Recipients of direct
grants may stiU engage in inherendy religious activities, but such aetivities 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 vo2untary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Deparqnent of Justice are not permitted to discriminate in the provision
ofservices on the basis of a beneficiary's religion. NotwiUutanding any other speciai condition of this award, faich-
based organizations may, in some c'vcumstances, consider religion as a basis for employment. See
http://www.ojp.gov/abouVocrlequal_fbo.han.
25. The recipient acknowledges that all programs funded through snbawerds, whether at the state or local levels, must
conform to the grant progracn requiremenu as stated in BJA program guidance.
OJF FORM 4000t2 (REV, 4-88)
SPEClAL CONDITIONS
26. Grantee agrees to comply with the requiremenis of 28 C.F.R. Pan 46 and all Ofiicc of Justice Prograzns pol'scies and
procedures regarding thc protection of human research subjects, inctuding obtainment of lrsstitutional Review Board
approva(, if appropriate, and subject informed consent,
27. Grantee agrees to compiy with all confidentialiry requircments 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 inforrnation. Grantee fitrther agrees, as a condiiion ofgrant
approval, ro submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in pariicular,
section 22.23.
28. The recipient agrees that fiands received under this award will not be nsed to supplant State or local funds, but wiil be
used to increase Ihe amounts of such funds thet would, in the absence of Federal funds, be made availabie for 1aw
enforcement activities.
29. Award recipienu must submit quarterly a Federal Financia! Repori {SF-425) and annual performance reports through
GMS (https://grants.ojp.usdoj.gov), Consistent with the DepartmenYs responsibi[ities under the Government
Performance and Results Act (GPRA), P.L. 103-62, applicanis who receive funding under this solieitation must
provide data ihat measure the results of their work. Therefore, quarterly performance metrics reporis must be submitted
through BJA's Performance Measurement 1'00l (PM7') wehsite (www.bjaperfonnancetools.org). For more detailed
information on reporting and other JACI requirements, refer to the JAG reporting requirements webpage. Failurc to
submit required JAC3 reports by established deadlines may resiAt in the ffeezing ot'grant #Untis and ftthu�e High Risk
designation.
30. The recipient agrecs to monitor subawards under this JAG awnrd in accordance with alt applicable statutes, regn(ntions,
OMB cireutars, and guidelines, including the O]P Financial Guide, and to uiclude the applicable conditions of this
award in any subaward, The recipient is responsible for oversight of subrecipient spending and monitoring of speci�c
outcanes and benefits attributable to use of JAG funds by subrecipienu. The recipient agrees ta submit, upon request,
documentation of its policies and proadures for monitoring oFsubawards under this award.
31. Award recipients must vedfy Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact infarmation in GMS, including telephone number and e-mail address, 1 f any infotmation is
incosrect or has changed, a Grant Adjustment Notice (GAN) must bc submitted via the Grants Management System
(GMS) to document changes.
32. The grantee agrees that within l20 days of award acceptance, each member of a law enforcement task force funded
with these funds who is a task force commander, agency axecutive, task forcc officer, or other task force member of
equivalent rank, will completa required online (intemet-bnsed) task force training.'t'he training is provided free of
charge online through BJA's Centcr Cor Task Porce Integrity and Leadership (www.ctfli.org). AI[ 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
multip)e awards include this requirement. 'Ihis aaining addresses task force effectiveness as wcil as othcr key issues
inciuding privacy end civil liberties/rights, task force performance measurement, personnel seEection, and task force
oversight and accountability. Additional inYormation is available regarding this required training and aecess methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.etAi.org).
33. The recipient may not expend or drawdown funds until the required butietproof vest cortification related to matchiag
funds and mandatory wear has been submitted by the ncipient and approved by the Bureau of Justice Assistance
through a Grant AdjusGnent t�lotice (QAN).
34, Recipient may not expend or drawdown funds until the Bureau of Jusdce Assistanee, Office of Justice Programs has
reviewed and approved ihe Abstract portion ofthc apptication and has issued a Grant Adjustment Notice (GAT�I)
informing the recipient of the approval.
OlP FORM AOoo/l (REV. 4-88)
Departrnent of Justice
Officc oflustice Programs
Bureau of Justice Assistance
_.
_ __. _____
PROJ6C1'NUMBER 2�12-DJ-8X�I036
AWARD GONTINC7ATION
SHEET
AWARD DATE
SPECIAL CONDlT/ONS
Grant
08/16/2012
PAGE 7 OF 7
35. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdiCtions and has
issued a Grant Adjustment Notice (GAN) releasing this special condition.
36. Recipient may not expend or drawdown funds until the Bureau ofJustice Assistance, Office of Justice Programs has
received documentation demonstrating ihat the state or focal goveming body review and/or community natification
requiremenu have been met and has issued a Grant Adjusdnent Notice (GAN) releasing this special condition.
37. With respect to this award, federal funds may not be used ta pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 11Q% of the maximum annua! salary payable to n member ofthe
federal governmenYs Senior Bxecutive Service {SES) at an agency with a Ceftified SES Performance Appraisal System
for that year. (An award recipient may compensate an empioyee at a higher rate, provided the amount in excess of ihis
compensatian limitation is paid with non-federal funds.)
This limitatian on compensation rates allowabte under ttiis award may be waived on an individual basis at the
discretion of the OJP officia! indicated in the program announcement under which this award is made.
O1P FORM 4000/2 {REV. 4•88)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2012 — Ordinance No. 20465-10-2012
DATE:
LOG NAME:
Tuesday, October 16, 2012
35JAG12
REFERENCE NO.: C-25928
SUBJECT:
Conduct a Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year
2012 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 the Amount of $561,566.00,
Authorize Execution of a Grant Agreement with the United States Department of Justice 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)
RECONIMENDATION:
It is recommended that the City Council:
l. Conduct a public hearing;
2. Ratify the application for and authorize acceptance of a grant from the Fiscal Year 2012 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 $561,566.00;
3. Authorize the execution of a grant Agreement with the United States Department of Justice and
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 $571,566.00, subject to receipt of the grant.
DI5CUSSION:
The Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows
local governments to support a broad range of activities to prevent crime and to improve the criminal justice
system. The City of Fort Worth, along with the cities of Arlington, Bedford, Haltom City, Hurst and North
Richland Hills are required to negotiate with Tarrant County to develop a program budget and strategy. 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 2005-2011 Justice Assistance
Grant (JAG) Formula and Recovery Act JAG Programs. Following the announcement of the Fiscal Year
2012 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 2012 JAG Formula Program.
A total in the amount of $561,566.00 is available to be shared among the jurisdictions listed below and will
be distributed in the following manner:
No matching funds are required. The City of 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 for an updated digital recording system. This system would
replace the current Communications Division's failing recording system which has been in place since 2003.
The current recording system has experienced several outages due to equipment failure that have caused loss
in both radio and telephone recordings that must be achieved and kept for a minimum of one year to meet the
standards of the records retention schedule and to supply both investigative and open records request
recordings of both radio and telephone transmissions. As the project scope of the radio system does not
include audio recording equipment for 9-1-1 telephone transmissions, the Communications Division is
requesting additional equipment and recording packages necessary to meet both quality measurement and
audio logging requirements. The digital audio recording system would allow for quality assessment, the
coaching package, screen recording and the analytics package.
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.
FUND CENTERS:
TO Fund/Account/Centers
51 GR76 451891 035423000
51 GR76 441042 035423000
51 GR76 5lVARIOUSI 035423010
51 GR76 539120 035423020
51 GR76 539120 035423030
51 GR76 539120 035423040
51 GR76 539120 035423050
�l GR76 539120 035423060
5) GR76 539120 035423070
• .• 11
'� 1 111 11
'� : 1. 11
'�:• :�• 11
'�1•11
: ' 11
'� 1 .1 11
. 11
', • •. 11
FROM Fund/Account/Centers
� ' • �' • _ 1 � 1:1
'� 1 111 11
CERTIFICATIONS:
Submitted for Citv Manager's Of�ce b�,
Qriginating Department Aead:
Additional Information Contact:
Charles W. Daniels (6299)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
ATTACHMENTS
l. 35JAG12REVISED A013.doc