HomeMy WebLinkAboutContract 44567 (2)cmr �ctt�r'�L �l�
CONTRACT NOo
Memorandum of Understanding
Between the City of Fort Worth, TX and the City of Haltom City, TX
FY 2012 Justice Assistance Grant
1. PARTIES. The parties to this Memorandum of Understanding (MOU) are the City of Fort
Worth, Texas (hereinafter refei-�ed to as "Recipient") and the City of Haltom City, 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 $10,760.00
shall provide for theft detection systems and peripheral wireless senors for the Haltom City
Police Department as outlined in the Budget Narrative, attached as `Bxhibit A" and
incorporated 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 grant award contract.
3) The Fort Worth Police Department — Program Support Division — Grants and
Contracts Section (PSD-GCS) will oversee the administration, procurement, and
reporting for the 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/ar request approval from DOJ of any written requests by subrecipient for
modifications to the attached Exhibit A.
4) The Recipient shall pay the Subrecipient an amount not to exceed $10,760.00 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 1-110. ----_--�-- - ---
MOU between the City of Fort Worth, TX
and the City of Haltom City, TX
CIFFICIAL RECORD
�A'TY :I����X,���
RECEIVEQ JU� 13 2�►� �,�g,�����
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)
`Bxhibit B" to the MOU, entitled "Award DocumenY' which is incorporated by
reference as part of this MOU.
3) Submit to the Recipient monthly performance reports regardless of level of activity.
In addition, the Subrecipient shall submit program updates and other reports
requested by the Recipient and DOJ in appropriate format and on a timely basis; and
make available at reasonable times and for reasonable periods records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of
Justice Assistance or their authorized representatives. The monthly reports are due to
the Recipient no later than the 5`h 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 Bellcnap Street, Fort Worth, TX 76102 no
later than the St�' 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:
MOU between the City of Fort Worth, TX
and the Ciry of Haltom City, 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 fiom 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 iive (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 tluee (3) years after the final conclusion of all litigation, claims, or
audits. Litigation is considered resolved when a iinal 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.lcane@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 Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to
sasha. kane@fortworthtexas. gov.
B. Subrecipient
MOU between the City of Fort Worth, TX
and the City of Haltom City, TX Page 3 of 6
The primary point of contact for Subrecipient is Kyle Barton, telephone number: (817) 822-
7766, email address: kbarton@haltomcitytx.com mailing address: 5110 Broadway Ave.
Haltom City, Texas, 76117.
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
officer, agent, servant or employee of Subrecipient. Lilcewise, 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 Haltom City.
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 boolcs, papers, documents, records and personnel that pertain to
this contract or any related subcontracts.
MOU between the City of Fort Worth, TX
and the City of Haltom City, TX Page 4 of 6
10. TERM. This MOU will become effective on the date it is executed by both parties
(`Bffective 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 modiiied 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 Haltom City:
Thomas J. Muir, City Manager
5024 Broadway Avenue
Fort Worth, TX 76117
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 Haltom City, TX Page 5 of 6
ACCEPTED AND AGREED:
CITY OF HALTOM CITY:
By: .%/�C� �
Thomas J. Muir
City Manager
Date: �>�ii�/}'
APPROVED AS TO FORM
AND LEGALITY:
City of Haltom City
Printed Name: �/(iCc.yitG � . �(Sd�'J
Signature: ���—
Date: �— ( ( — (3
MOU between the City of Fort Worth, TX
and the City of Haltom City, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Charl Daniels
Assistant City Manager
Date: D 6 . //. /,3
APPROVAL RECOMMENDED:
<�� �.✓.
By: ,
Jeffrey W. Halstead
Chief of Police
Date: � � ( � ��
APPROVED AS TO FORM AND
LEGALI _ :
By:
Jessica S svang
Assistant City Attorney
Date: � r� ��
Contract Authorization:
M&C: C— Z� � ��
Date Approved: �Q. �'L...
ATTEST:
By: /
Mary . Kayse
City Secretary
OFFICIAL R�COFBD
�aTV SECR��'AitX
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ExhibitA
Haltom City- $10,760
E. St� "lies
Unit i'rice/
[tem Com utation/Descri tion Number '1'otal
Portable Wave Unit Wireless Theft Aetection Device $3,500.00/2 $7,000
Duress Button Wireless Sensor $125.00/1 $12S
Motion Sensor 'Wireless Motion Sensor $270.aai1 $270
Tilt Sensor Wireless Sensor $125.00/4 $500
DoorlWindow Contact Sensor Wireless Sensor $125.00/2 $250
Pressure Matt Sensor Floor Level Wireless Sensor $270.00/1 $270
Bill Tra Sensor Wireiess Sensor $145.00/1 $145
Tri Beam Sensor Wireless Beam Sensor $459,00/2 $918
Glass Break Sensor Wireless Audio Sensor $150.00/1 $150
Re eater Increases Fre uenc Ran e $600.00/ 2 $1,200
Sub-Total $10,828
City of Fort Worth
Budget Detail Worksheet
No fundin� requested in this
City of Fort Worth
Cantractor Sub -Total I $0
Buti et Sur�ni�ta = # �
. � . v. , � � _. �� a � . . m� � � � �
Bud et Cate o Amaunt
A. Personnel $0
B. Frin e $0
C. Travel $0
D. E ui ment $0
E. Su lies $10,828
F. Construction $0
G. Consultants and Contractor Services $0
H. Other Costs $0
I. Indirect costs $0
TOTAL PROJECT COSTS �10,828
Federal Yte uest: $10,760
Non-Federal Amount: $68
City of Fort Worth
Haltom City- $10,670
Budget Narrative
A. Personnel: No funding requested in this category.
B. Fringe Beuefits: No funding requested in this category.
C. Travel: No funding requested in this category.
D. Equipment: No funding requested in this category.
E. Supplies: 10,670
2 Portable Wireless Wave Alarm Units are requested to equip detectives / uniformed officers.
Our agency will utilize $7,000.00 of grant funds to equip detectives / uniforrned officers. 1
Wireless Duress Button Sensor is requested to equip detectives / uniformed officers. 4ur
agency wiIl utilize $125.00 of grant funds to equip detectives / uniformed officers. I
Wireless Motion Sensor is requested to equip detectives / urliforrned officers. Our agency
will utilize $270.00 of grant funds to equip detectives / uniformed officers. 4 Wireless Tilt
Sensors are requested to equip detectives / uniformed officers. Our agency will utilize
$500.00 of grant funds to equip detectives / uniformed officers. 2 Wireless Door/Window
Contact Sensors are requested to equip detectives / uniformed officers, Our agency will
utilize $250.00 of grtant funds to equip detectives / uniforrned officers. i Wireless Pzessure
Matt Sensor is requested to equip detectives / uniformed officers. Our agency will utilize
$270.00 of grant fiuids to equip detectives / uniformed officers. 1 Wireless Bill Trap Sensor
is requested to equip detectives / uniformed of�cers. Our agency will utilize $145.00 of
grant funds to equip detectives / uniformed officers. 2 Wireless Trip Beam Sensors are
reyuested to equip detectives / uniformed officers. 4ur agency will utilize $918.00 of grant
funds to equip detecti�ves / uniformed officers. 1 Wireless Glass break Sensor is requested to
City of Fort Worth
equip detectives I uniformed afficers. Our agency will utilize $150.04 of grant funds to
equip detectives / uniformed officers. 2 Wireless Repeaters are requested to equip detectives
/ uni�;formed officers. Our agency will utilize $1,200.00 of grant funds to equip deiectives /
uniformed officers.
F. Construction: No fundin� requested in this category
G. Consultants/Contracts: No funding requested in this category
Other Costs: No funding requested in this category
H. Indirect ; No funding requested in this category
City of Fort Worth
Exhibit B
Depardnent of lustice
, Office ofJustice Programs
� �i Bureau of Justice Assistance
� �ti�.�
a
. ____ __. .., _. . .. . . . ...
1, RECIPtENT NAME AND ADDRESS (Includmg Zip Codc)
Ciry of Fon Worth
350 West Belknap Stree�
�on Wanh, TX 76Io2•zo04
1 A. GRANTEE I RSN ENpOR tJO.
�56000328
Crant
PAGE 1 OF 7
__. ,
4. AWARD NUMBER: 2012•DJ-HX•1036
S. PROJ£CT P�RIOD; FROM l0l01l2011 TO 09130IZ015
BUDGET PERIOD; FROM 10/01(2011 TO 09/30l2015
� ----- ------- . _ ,
6.AWARDDATB 08116l2012 '7,ACf10N
— -------- ---__------._
8. SUPPLEMENT DIUMBER � tniriil
00
k
....... __"_—_"'._ — .—.-,.....m�_.� ....... ... ..... ... .. ._.. .,:.:
3. PRO)ECT TtTLE 10. AMOUNT OF THIS AWARD
'; Tartant Counry FY 20I2 JAG Projcct ,., _. vY �
i t. TOTAL AWARD
------- ---- __—__ __..�
12. SPECIAL CONDITIONS
i 7NE A80VE GRANT PROIECT IS APPROVED SUBIECT TO SUCH CONDITIONS OR UMITATtONS AS ARE SET PORTH
� ON THE ATTACHED PAO�(S),
�
� _. _ .,--- —.--
� _
; 13. STATUTORY AUTHORITY FOR GRANT
11iis proJect is supponed under FY 12(SJA • 7A0) 32 USC 3950, et scq.
IS. METHOD OF PAYMENT
GPRS
AGENCY APPROVA�
16. TYPED NAME AND TITt,E OF APPROYING OFFIC[AL
Denise 0'Donndt
Dircctor
�
f
�__ _.»_��._------
17. SIGNATURB OF APPROVTNG OFFICIAL
�C_. �r:i,.,.rJ•..
GItAN'I'EE ACCBPTANCE
l8. TYPED NAiNE AND T1TLE OF AUTHORI2ED C3RANTEE OFFIC[AL
Charles W. Daniels
Assistan� Ciry Me�iager
I9. S(GNATURE OF AUTHORI2ED RECIPIENT OFF[C[AL `, (9A,17hTd;
__......._.__.... __.__.. __.._ .
AGENCY USE ONLY �
20. ACCOUNTfNG CLASSIFfCATION CODES 21. LD7UGT1300
FISCAL FCJND BUD. D1V.
YF,AR CODE ACT. OFC, REG. SUB. POMS AMOUNT
X B D1 80 00 UO 561566
O)P FORM A000l2 (REV, 3-87) PREVIOUS EDlTIONS ARE OBSOLETE.
S 561,566
S 561,566
OJP FORM 4000/2 (REV. 4•88)
*�°'�'` - # Department of Justice
Office of Justice Programs
� ` Bureaa of Justice Assistance
``�iz,�
AWARD CONTINUATION
SHEET ra�E a oF �
Grant
_ . ,_ �___ ____ ---- -- �
PROJECTNUMf3ER 2012•DJ-BX•1036 AWARDDATE 08/16/Z012
SP�CIAL CONDITJONS
l. 'Che recipient agrees to comply with the tinencial and administrative requirements set forth in the current edition of the
O�ce ofJusiice Programs (OJP) Financial C,uide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Oppom�niry Plan (ifrccipient is
required to submit one pursuant to 28 C.F.R. Section 42,302), ihat is approved by the Office for Civil Rights, is a
violation of its Ccrti6ed Assurances and may resuit in suspension or termination of funding, unti! such time as the
recipient is in compliance.
3. The recipient agrees to compty with the organizational audit roquirements of OMB Ci�cular A-133, Audits of Staies,
Local Governments, and Non-Profit Organizations, and further understands and agrees that Eunds may be withheld, or
olhe� �elated requirements may be imposed, if outstanding audii issues (if any) from OMB Circular A• 133 audits (and
any other audiu ofOJP grant funds) are not satisfaGorily and prompdy addressed, as further described in the cutrent
edition of Qie OJP Financia► Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either dlrecdy or indirectiy, in support of the
enactment, repeal, modification or adoption of any law, regulation or po(icy, at any level of govemment, without the
express prior written approval ofOJP.
S. The recipient must promptly rcfer to the DOJ OIG any credible evidence that a prineipal, employee, agent, contractor,
subgrantoe, subcontractor, or other person has either 1} submitted a false claim for grant funds under the Fa1se Claims
Act; or 2) c;ommitted a criminal or civil violation of taws pertaining to fraud, conflict of interest, bribery, gratviry, or
similar misconduct involving grant funds. This condition also appiies to any subrecipients. Potential fraud, waste,
abuse, or misconduct shouid be reported to the OfG by -
mail:
' Office o1'the Inspector Genera!
U.S. Department of Justice
]nvcstigations Division
950 Pennsylvania Avenue, N. W,
Room 4706
Washington, DC 20530
e-mail: oig.hotlineQa usdoj.gov
hoUine: (contact information in Engiisb and Spanish): (800) 869-4499
or hotline fax: (202) 6I6-98$1
Additional information is available from the DOJ OIG website ai www.usdoj.gov/oig.
6 Recipient understands and agrees that it cannot use any federal fi�nds, cither directiy or indirectly, in support of any
conuaet 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 camply wid� any additional requirements that may be imposed dnring the grant performance
period if the agency detormines that the recipient is a high-risk grantce. Cf. 28 C.F.R. paris 66, 70.
O)P FORM 4000/Z (REV.4•88)
-- ----
I ��` ���„� DepartmentofJustice
�� Office of lusticc Programs
'� ` � �� . Bureau of Justice Assistance
� � `"''....�� �,
�,.
_..__. _
; PROIECE NUMDER 2012•Dl-BX•1036
AWARD CONTINUATION
SHEET ' racE 3 oF �
Grant r
AWARD DATE OS/IW2012
SPECIAG CONDITlONS
8. The rccipicnt agrees to comply with applicabte requirements regarding Central Contractor Registration (CCR) end
appticabie restrictions on subawards io first-tier subrecipients that do not acquira and provide a Data Universal
Numbering System (DUNS) number, The detaiis ofrecipient obligations arc posted on the Office ofJustice Programs
web site at http://www.ojp.gov/f�nding/ccchtm (Award wndition: Cenual Contractor Registration and Un'sversal
[denti�er Requirements), and are incorporated by re£erence here. This specisl condit3on dces not apply to an award to
an individual who received the award as a natural person (i.e., unreinted to any business or non-profit organization that
he or she may own or operate in his or her name),
9, Pnrsuant to Executive Order 13513, "Federal Leadership on Roducing Text Messeging 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 o1'performing work fi�nded by this
grant, and to establish workptace safety policies and conduct education, awareness, and other outroaCh to decrease
crashes caused by distracted drivers.
t 0. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requiremenu, �vhere applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such
events, and costs of attendance at such evenis. ]nformation on pertinent laws, neguIations, polieies, and guidance is
avaitable at www.ojp,gov/ft�nding/confcost.han.
t I. 'fhe recipient understands and agrees that any training or training materinls developed or delivered with Ponding
provided under this awnrd miut adhere to the pJP Training Guiding Principles for Grantees and Subgrantees, available
at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciptes.hUn.
12. The recipient agrees that if it currenUy has an open award of federal ft�nds or if it receives an award of federat funds
other than this OJP award, and thosa 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 ft�nds are being 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 adjusiment noGce (GAN) to oliminate any inappropriate duplication of funding.
13. The recipient agrees to comply with epplicable requirements to report first-tier subawards of 525,000 or more and, in
certain circumstances, to report the names and total compensation oFthe five most highly eompensated executives of
the recipient and 6rst•tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient ob(igations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of lustice Progmms web site at
http://www,ojp.govlfunding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
Ite or she may own operate in his or her name).
14, '1'he recipient agrees that all income generated as a direct resuU of this award shalt be deemed program inwme. Alt
program inoome earned must be accounied for and used for the purposes of funds provided under this award, including
such use being consistent with the condi6ons of the award, the eft'ective edition of the OJP Financial Guide and, as
applicable, either (1) 28 C,F,R. Part 66 or (2) 28 C.F,R Part 70 and 2 C.F.R. Pan 215 (OMD Circular A-1 f 0). Further,
the use of program income must be reported on the qufuterly Federal Financial Report, SF 425.
_1
OJP FORM 400W2 (REV.4-88)
"�, DepartrnontofJustice
Office oflustice Programs AWARD CONTINUAT]
� 5� , �- Bureau of Justice Assistance SHEET
� ��
�;� Grant
j-----�_ —. , '
PROIECTNUMBER 2012-DJ•BX•1036 AWARDDATE 08/16/2012
SPECI.4L CONDITIONS
l5. The grantee agrees to assist BJA in compiying with the National Environmental Policy Act (NEAA), tho National
Historic Preservetion Act, and other retated federat environmental impact analysos reqoirements in the use of'these
grant fUnds, either directly by the grAntee or by a subgrantee. Accordingly, thc grantee agrees to first determine if any
of the following activities wi(1 be funded by the grant, prior to obligating funds for any of these purposes. if it is
determined that any of the foilowing 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 activiHes whether or not they are being
specifically fLnded wiih these grant funds, That is, as lang as the activity is being conducted by the grantee, a
subgrantce, or any third party and ihe activity needs to be undertaken in order to use these grant funds, this speciat
condition must first be met. The activities covered by this special wndidon are:
a. New construction;
b. Minor renovation or remodeling of a property loeated in an environtnentally or historically sensitive area, ineluding
properties located within a 100-year flood plain, a wetland, or Itabitat for endangered species, or a property Iisted on or
e3igibte for listing on the National Register ofHistpric Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) resutt in a change in ils basic
prior use or (b) signi�canUy change iu size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) pwchased as an
incidental cromponent of a funded activity and (b) traditionalty used, for example, in office, household, recrcational, or
educaiion environments; and
e. Imptementation of a progrnm relating to clandestine methamphotamine taboratory operations, including the
identification, seizure, or closure of clendesiine rnethamphetamine laboratories.
The gruntee understands and agroes that complying with NBPA may require U�e preparation of an Environmental
Assessmont and/or a�� Environmental Impact Stutement, as dirocted by BJA. The grantee futther understands and
agrces to the requirements for implementation of a Miti�ation Pfan, as detailed at
http;/lwww,ojp.usdoj,govBJAlresourcelnepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Speoial Condition to Grantee's Existing Programs or Activities: For any of the grantee's or iu
subgruntces' existing programs or activities that will be ftmdeA by these grant funds, the grantee, upon speci�c request
gom BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that fundcd program or activity.
16. To avoid duplieating existing netwo�ks or IT systems in any initialives funded by BJA for law enforcement infonnation
sharing systems which involve interstate wnnectivity batween jurisdictions, such systems shall emptoy, to tha extent
possible, existing networks as the Communication backbone ta achieve interstate connectivity, unless the grantce can
demonstrate to the satisfaction of BJA that this requirement would not be cost effcetive or would impair the
functional ity of an existing or proposed !T systcm.
l7. In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice [nformation Sharing lnitiative
(DOJ's Global) guidelines and recommendations for this particular grant. Grantee shalt Conform to the Global
'; Standards Package (GSP) and all constituent elements, where applicabte, as described at:
http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and
describe wmpliance to the GSP and appropnate privacy policy ihat protects shared infonnation, or provide detailed
justi�ication for why an alternative approach is recommended.
I
O)P FORM 400012 (REV. 4-98)
Department of Justice
Office ofJustice Programs
s ag � Bureau of Justice Assistance
`, �
PROJGCTNUMBER 2013•Ol•BX-1036
AWARD CONTINUATION
SHEET
Grant
AWARD DATE O8/16f2012
SPEClAL CONDlT10NS
PAGE 5 OF 7
18. The recipient is required to establish a trust fund account. (Tho trust fund may o� may not be an intemst-bearing
account.) The fund, inctuding any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justia Assistance Grant Program (JAG}. 'Che recipient also agrees to obiigate
and expend the grant 1Lnds in the trust fund (inctuding any interest eamed) during the period of the grant. Grant funds
(inctuding any interest earned) not expended by the end of the grant period must be returned to the Bweau of Justice
Assistance no (ater than 90 days ufter the end ofthe grant period, along with the final submission ofthe Federal
Financiai Report (SF-42Sj.
19. JAG funds may be used to purchr�se bulletproof vests for an agency, but may not be used as the 50% metch for
purposes of the Bulletproof Vest Fartnership (BVP) program.
20. The recipient agrees to submit a signed certification that that all lnw anforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in et%ct. Fiscat agents and state agencies must keep signed
certifications on file for any subrecipients pfanning to utilize JAG funds for bulletproofvest purchases. This policy
must be in place Tor at least all uniformed officers before any FY 2412 JAG funding can be used by the agency for
bulletproof vesu. There are no requirements regarding the nature of the policy other than it being a mandatory wear
policy for all uniformed officcrs whilo on duty.
21. Bullecproof vests purchased wlth !AG funds may be purchased at any threat level, make or model, from any distributor
or manufacturer, as long as the vesu have been tested and faund to comply with applicable National Institute of Justice
ballistic or stab standards. ]n nddition, bulletproof vests purchased with JAG funds must be AmeriCan-made. The latest
NIJ standard information can be found here: http;//www,nij.gov/topics/technologylbody-armor/safery-initiative.htrn.
22. The recipient agrees thnt nny information technology system funded or supported by OdP funds will comply �vith 28
C.F.R, Part 23, Criminal Intelligence Systems O}xrating Policias, ifOJP determines this regulation to be applicable.
Should OJP detennine 28 C.P.R. Part 23 to be applicable, O!P may, at iu discredon, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occnr, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such s fine with federat funds.
23. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
rogazding 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 condueted with these grant funds. ln addition, the recipient agrees to mainlain an administrative file
documenting the meeting o£this requirement. Fora list ofState Information Technology Points ofContact, go to
http://www.it.ojp.gov/defnult.aspx7area�poticyAndPractice&page=t 046.
2A. The grantee agrees to comply with ihe applicabte requiroments of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treaunent for Failh Based Organizations" (the "Equal Treatrnent Regulation"). The Equal
Treapnent Regulation provides in part that Deparanent of Jusdce grant awards of direct funding may not be used to
fund any inherently retigious activiiies, such as worship, religious insquction, or proselytization. Recipienu of direct
grants may still engage in inherendy religious activities, but such activities must be separate in time or place from the
Departmont of Justice funded program, and pariicipation 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 di�ecUy funded by the Department of Justice are not pormitted to discriminate in the provision
of services on the basis of a benefieiary'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
http://www.ojp.gov/aboudocrkqual_fbo.han.
25, 'Rie recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
confonn to the grant program requirements as steted in BIA program guidance.
O1P FORM 4000/l (REV. 4•88)
' Department of Justice
' � Office of Justice Programs
� � Bureau oPJustice Assistance
� ��
,� �,;.„„���
__ ----- -
' PRO)ECTNUMBER 2012-DJ•BX•IOJ6
� _ -- _ __
AWARD CONTINUATION
SHEET
Grant
�
...,. _ .�w
AWARADATE 08lI6/2012
SP$CIAL CONDITIONS
PAGB 6 OF 7
i
26. Grantee agrees to comply with the rcquirements of28 C.F,R. Pan 46 and all Officc ofJustice Programs pol'scies and
procedures regarding thc protection of human research subjects, including obtainment of Institutional Review goard
approval, if appropdate, and subject informed consent.
27. Grantee agrees to comply with all confidentialiry requ'vements of A2 U.S.C, section 3789g and 28 C.F.R. Part 22 ihat
are applicabte to collection, ase, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, ro submit a Privacy Cerlificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular,
section 22.23.
28. The recipient agrees that funds receivcd under this award will not tx used to supptant State or loca) funds, but witl be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
29. Award recipienu must submit quarterly a Federal Financia! Report (SF-425) arrd annual perfo►mance reports through
GMS (https;//grants.ojp.usdoj.gov). Consistent with the Department's responsibi[ities under the Govemment
Performance and Results Act {GPRA), P.L, 103-62, applicnnts who receive funding under this solicitation must
provide data ihat measure the results of their work, Therefore, quarteriy performance metrics reporis must be submitted
through BJA's PerFormance Measurement Tool (PMT) website (www.bjaperfortnancetoots.org). For morc datailed
information on repoRing and other JAG' requirements, refer to the JAG reporiing reGuirements webpage. Failure to
submit required JAd reports by established deadlines may result in the freezing oYgrant fLnds and flature High Risk
designation.
' 30. "fhe recipient agrces to monitor subawards under this JAG awArd in accordance with al! applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and ro include the applicablo conditions of this
nward in any subaward, The recipient is responsibte for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributabte to use of JAG funds by subrecipients. The recipient agreos ta submit, upon request,
documentation of its policics and prooedures for monitoring of subawards under this award.
31. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative wntact information in GMS, including telephone number and e-mail address, ]f any information is
incorrect or has chenged, a Grant Adjustrnent Notice (C}AN) must be submitted via the Grants Management System
(GMS) to document changes,
32. The grantee agrees that within !20 days of award acceptance, each member of a law enforcement task farce funded
with these fLnds who is A task force commander, agency executive, task force officer, or od�er task force member of
equivalcnt rank, wilt complete required online (internet-based) task force training. The training is provided free of
charge online through BJA's Centcr Cor Task Force Integriry ancf Leadership (www.ctfli.org), A![ eurrent and new task
force members are required to complete this training once during tha life of the award, or once every four years if
multiple awards inciude this requirement.'Iiiis aaining addresses task force effectiveness as woll as other key issues
including privacy and civil liberties/rights, task force performance mensurement, personnel selection, and task force
oversight and accountabiliry. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
33. The recipient may not expend or drawdown fiutds until the requirod bulictproof vest ceriification retated to matching
funds and mandatory wear has been submitted by the rocipient and approved by the Bureau ofJustice Assistanee
through a Grent Adjustment Notice (QAN).
� 34. Recipient may not expend or drawdown funds until the Bureau of7ustice Assistance, Office ofJustice Programs has
reviewed and approved the Absaact poction of thc apptication and has issued a Grant Adjustment Notice (GATJ)
informing the recipient of the approval.
O)P FORM 4000I2 (REV. 4•88)
( � DepartrnentofJustice
�
` ;;� � . Office of lustice Programs
�� `' Bureau of Justice Assistance
� . �:�.,���
_ ..� �
PROJGCI'NUMDER 2012•DJ-BX-1036
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 08/16/2012
PAGE 7 OF 7
SPECIAL COND1T10NS
35. Recipient may not expond or drawdown funds until die Bureau oPJustice Assistance, Office of Justice Programs has
rereived and approved the signed Memorandum of Understanding (MOU) between the disperate jurisdictions and has
issued a Grant Adjustment Notice (GAN) releasing lhis speoial condition.
36, Recipient may not expend or drawdown fiutds until ihe Bureau ot'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 s Grant Adjustment Notice (GAN) reteasing this special condition.
37. With respect to this award, federal funds may not be used ro pay cash compensation (salary plus bonuses) to any
employee ofthe award recipient at a rate that exceeds 110%ofthe maximum annua! salary payable to n member ofthe
federal government's Senior Bxecutive Service (SES) at an agency wiih a Certifed SES Perfom►ance Appra'ssal System
for that year. (An award recipient may compensate an emptoyee at a higher rate, provided the amount in excess of this
� compensation limitation is paid with non-federal funds.)
E
This lrmitation on compensation rates aUowable under tttis award may be waived on an individual basis at the
discretion of the OJP official indicated in the program ennouncement under which this award is made.
O1P FORM 4000l2 (REV. 4-88)
�-l�l � � l
�
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2012 — Ordinance No. 20465-10-2012
DATE: Tuesday, October 16, 2012
LOG NAME: 35JAG12
SUB.TECT:
REFERENCE NO.: C-25928
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)
RECOMMENDATION:
It is recommended that the City Council:
1. 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,
DISCUSSION:
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
inciude 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/AccounbCenters
51 GR76 451891 035423000
51 GR76 441042 035423000
51 GR76 SNARIOUSI 035423010
51 GR76 539120 035423020
�� GR76 539120 035423030
5) GR76 539120 035423040
5) GR76 539120 035423050
�,l GR76 539120 035423060
5� GR76 539120 035423070
�561,566.00
10 0 Q,00
�281.506.00
8 84 .00
� 139.406.00
13 81 .00
10 760.00
�1.765.00
14 461.00
FROM Fund/Account/Centers
� ' . • • � _ 1 � 1:1
'� 1 111 11
CERTIFICATIONS:
Submitted for City Mana�er's Of�ce b�,
Qriginating Denartment Head:
Additional Information Contact:
Charles W. Daniels (6299)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
ATTACHM�NTS
1. 35JAG12REVISED A013.doc