HomeMy WebLinkAboutContract 44569 (2)Ci'P� SECRET� L � c;
Memorandum of Understanding C���� �°
Between the City of Fort Worth, TX and the City of Bedford, 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 "Recipient") and the City of Bedford, 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 worlcing 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 $13,819.00
shall provide for ballistic vest and four ballistic shields and associated equipment for the
Bedford Police Department as outlined in the Budget Narrative, attached as "Exhibit A" and
incorporated by reference as part of this MOU.
4. RESPONSIBILITIES:
A. Recipient:
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/or request approval fi•om 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 $13,819.00 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 satisfactoiy
progra�n 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.
�—�---- .
��������. F�EC06ZD
MOD Ueriveen the City of Fort Worth, TX •��Q�� ��(�,;�,[;`�'���
and the City of Bedford, TX � a��a£,6„ n.��
� R�CEIVE� ,fU(� 13 2� 3 I��'o r�r�, —-
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 Ofiice of Justice
Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2012 JAG
Budget Nanative", which is incorporated by reference as part of this MOU, and (4)
"Exhibit B" to the MOU, entitled "Award Document" which is incorporated by
reference as part of this MOU.
3) Submit to the Recipient monthly performance reports regardless of level of activity.
In addition, the Subrecipient shall submit program updates and other reports
requested by the Recipient and DOJ in appropriate format and on a timely basis; and
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 Sth 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 repoi-ting on awards below $25,000 or to individuals, as
prescribed by the Director of the Ofiice 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 5`h calendai• day of the month following expenditures. Reimbuisements
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 City of Bedford, 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 final order is issued, or a wr-itten
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: sashal�ane@fortwot•thtexas.gov. Monthly RFRs should be submitted,
in writing, to the Fort Worth Police Department, 350 West Bell�nap 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
sashalcane@fortworthtexas. gov.
B. Subrecipient
MOU between the Ciry ofFort Worth, TX
and the City of Bedford, TX Page 3 of 6
The primary point of contact for Subrecipient is Kelli Agan, telephone number: (817) 952-
2403 email address: lcelli.agan@bedfordtx.gov, mailing address: 2121 L. Don Dodson Drive,
Bedford, Texas, 76021.
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 clariiication and explanation. Recipient agrees to
memorialize in writing any oral conversations concei-ning 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 worlc
together to secure grant funding for mobile video recording pacicages 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
ofiicer, 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 Bedford. 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 �nust come fi•om
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 Wordi, TX
and the City of Bedford, 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 modi�ed 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 Bedford:
Beverly Griffith, City Manager
2000 Forest Ridge Drive
Bedford, TX 76021
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 blanlc.]
MOU between the City of Fort Worth, TX
aud the City of Bedford, TX Page 5 of 6
ACCEPTED AND AGREED:
CITY OF BEDFORD:
$j�; �c" �'f✓ � �_ �r_� � j:'
Beverly Gri h '
City Manager
Date: � � � - 13
APPROVED AS TO FORM
AND LEGALITY:
City of Bedford
Printe
Signa�
Date:
MOU between the City of Fort Worth, TX
and the City of Bedford, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Charl W. Daniels
Assistant City Manager
Date: 0�. /
APPROVAL RECOMMENDED:
BY� �6 _
Jeffrey . Halstead
Chief of Police
Date: (� � 7'( 3
APPROVED AS TO FORM AND
LEGAL TY:
By: � �
Jessica gsvang �
Assistant City Attorney
Date: ly ' �.p �
Conti•act Authorization:
M&c: Q' Z> 1 1��
Date Approved: �� � �Q ���L--
A
B y: ,��
Mary J. Kayse
City Secretary
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OFFICIAL Ft��v�,�`�
CITY S�C6��'����
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Exhibit A
Bedford- $13,819
Budget Detail Worksheet
=A.. Personnet , �,,. ` '" � >
� � � �
�� �� � �. � � � � ��� •�� �.
Posttion Descri tion� % on Pro ect Total �
No fundin re uested in this cate o
Personnel Sub-Total $0
�B.� Frin e Beuefits �° ' '�' �� �' �y'� � � °` � ' � ° �
� ��.. ��� �
Position D�escri tion Total �
No �'undin re uested in this cate a
Frin e Benefits Sub-Total: $0
.,L�"��aVQ.� - � r t'f� 3 a� a „ ' '' � 2�,s � .� �, r �,� --'�� '
.g. ��. �5'
Pur ose o� Travel Location Item � Com atation � � Cost �
No funding requested in this category
Travel Sub-Total $0
`D.��E �ui ment ti.'� '' s �
Unit Price/
Item Com utation/Descri tion Number Total
Ballistic Vest � each SWAT Ballistic Vests with Trauma 1,800 $7,200
Plates
Ballistic Shield 2 each "Small" Ballistic Shield 600 $1,200
Ballistic Shield 1 eack� "Lar e" Ballistic Shield 2,450 $2,550
Ballistic Shield 1 each "Extra Large" Ballistic Shield 2,750 $2,869
Sub-Tota1 $13,819
E. Su �L'es ` x = �
Unit precel
Item Com utation/Descri tion Number Total
No fnndin re uested in this cate o
Sub-Totai $Q
-°� -/^l ��� ,:..xy 5' ' �` � z � : � �. �
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�'� �1;i��.�t�C.L�O� r. � . � �•.- iJ' � � ;^ ,�:_
._°' , �.r, a ? `3 x� �r #� „:� � i. � r.,w �;�'� r a
n,� ,fi._.. ,`�,'^.
':_n..:
Position Descri tion % on Pro'ect � Total
No fundin rc uested in this cate or
Construct'ron Sub-Total $0
t t�. r.�, .��-� �.�: r . F �, a
G.:,Consnliants�and,Contractor Services R `s� �� � ":-- �� °� : � ��`� �
Item DescrI tion % on Pro ect ��Total�
No fundin re uested in this cate o
Consultants & Contractors Sub-Total $0
''H: Ottier Costs , � r � ' � , ��" � � � x� �=h� +
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,w v
, .�,a.,_��. .�. v �. _�-- � -
Position Descri tion % on pro ect � Total
Na fundin re uested in this cate o
Other Costs Sub-Total $4.00
City of Fort Worth
. BuB� et�S�cmma ` � �� � � ; p, r , x �`�����,� �f � � � _�,
,a �
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t x .�
t . �. . A ��. �t -�. _. , .,�,� _..a� ;�. �x�a,�� � �� ��
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Bud et Cate o Amount
A. Personnel $p
B. Frin e �p
C, Travel $p
D. E ui rnent �p
E. Su lies $13,819
F. Construction $p,pp
G, Consultants and Contractor Services $Q
H. Other Costs $p,Qp
I. Indirect costs $O.QO
TOTAL PROJECT COSTS $13,819
Federal Re uest: $23,819
Non-Federai Amoant: $0.00
City of Fort Worth
Bedford- $13,819
Budget Narrative
A. Personnel: No funds are requested in this category.
B. Fringe Benefits: No funds are requested in this category.
C. '�'raval: No funds are requested in this category.
D. Eguipment:
Request funding for the pwtchase of 4 each SWAT Ballisiic Vests with Trauma Plates, 2 each
"Small" Ballistic Shield, 1 each "Large" Ballistic Shield, 1 each "Extra Large" Ballistic
Shield. This equipment will be used by the Bedford Police Deparhnent's SWAT Team to
provide ballistic (bullet proo fl protection during high risk incidents,
The ballistic vests are exclusively designed to meet the demanding needs of high-risk tactical
teams. Each vest features a fully-integrated modular design that offers instant adaptability,
time-tested reliability and are more technologically advanced than a"traditional" palice
officer bullet proof vest.
The "large and extra large" ballistic shields are hand-heid and used to protect the entire body
of a SWAT member. The "srnall" ballistic shields are harrd-held and used to protect the
face/head of the SWAT member. A ballistic shield (also called tactical shield) is capable of
defending the user from handguns, shotguns and submachine guns.
E. Supplies: No funds are re�uested in this category.
F. Construction: No funds are requested in. this categoty.
G. Cvnsultants and Contraetors: No funds are requested in this category.
City of Fort Worth
H. Other Costs: No funds are requested in this category.
I. Indirect Costs: No funds are requested in this categazy.
City of Fort Warth
H. Other Costs: No funds are requested in this category.
I. Iudirect Costs: No funds are requested in this category,
City of Fart Worth
L��1■ll:� �
Depardnent of Justice
;,, Office oflustice Programs
� �i Bureau of Jnstice Assistance
��.:�
I, RECIPIENT NAME AND ADDRESS (lncluding Zip Codc)
Ciry of Fon woctli
]50 Wcsl Helknap Saeet
, Fon Woflh, TX 76102•20P1
-- _
IA. GRANTEE IRSNENQOR N0.
I TS6000528
Grant
PAGE 1 OF 7
4.AWARDNUMBER; 2012•DJ-SX•]036 ��
S. PROIHCT PERtOD; FROM l0/OI1Z011 TO 09t}OI2015
BUDGET PERIOD: FROM 10/01l2011 TO 09/30/2013
-- --- _
6.AWARDDAT� O8/16/20I2 � €7,ACTiON
— --__. _._ �
S. SUPPLEMENT NUMBER Inidd
00
i
_..._ _ _. _.
9. PREVIOUS AWARD AMOUNT S 0
_—�-� �� ,. �.�._ . .. , _ _ ,. __,_ _.
i 3. PROJGCT T1TLE 10. AMOUNT OF TN1S AWhRD S 561,566
Tenant Cowty FY 20121AG Projat ,. ,,__
i --
I 1. TOTAL AWARD S 561,566
_ � �: _ — _ ,» ..,
I 12. SPECIAL CdND(TIONS
' THE ABOVEGRANT PRO)ECT IS APPROVED SUBIECC TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
pN THE ATTACHED PAG�(S).
�
,,�_
� _ _.. _ ..r___ _
� 13. STATUTORY AUTNOR►TY FOR GRANT
This projecl is supported undcr FY 12(BJA - JAO) 42 USC 3950, et seq.
IS. METHOD OP PAYMENT
GPRS
AOENCY AFPROVAI,
� 16. TYPED NAME AND TITLB OF APPROVING OPFIC[Al.
Denise O'Donndi
Dircctor
_._, u.�._ ��_�
17. S1GtJATURE OF APPROVING OFFICIAL
�1:�, .�r-:i...tt'_
GRANTEEACCEP7ANCE
t8. TYPED NAME AND TITLE OF AUTHORlZED GRANTEE QFFICIAL
Charks W, Danids
Assistent City Meneger
19. SfGNATURE OF AUTHOIt1ZBD RECIPIENT OFFICtAL { 14A, l7ATE
_....__..__.__.__..._ _..._._
AGHNCY USE pNLY
20. ACCOUNTMG CLASSIFICATION CODE5 21. t,D1UGT1300
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. RCG. SUB. POMS AMOUNT
X B D1 80 00 00 561566
OJP FORM 4000/2 {l�EV. 5�87) PREVIOUS EDlT10NS ARE OBSOLETE.
O1P FORM 4000l2 (REV. 4-88)
�"'"` Department of Justice
�
Office of 7ustice Programs
� ' � Bureau of Sustice Assistance
�'` a.��
PROJECTNUMBER 2012-DJ•BX•1036
AWARD CONTINUATION
SHEET
Grant
AWARD DATE
PAGB 2 OF 7
08/16/2012
SPECIRL COND/7'IONS
1. The recipient agrees to comply with the finencial and administrative requirements set forth in the cwrent edition of the
Office of Justice Programs (�JP) Financial Guide.
2. The recipiont acknowledges that failure to submit an acceptable Equal Empioyment Opportunity Plan (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 Certi6ed Assurances and may result in suspension or iermination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to wmply with the organizational aadil requirements of OMA Circular A• 133, Audits of Staies,
Locai Governments, and Non-Profit Organizations, and furth�r understands and agrees that funds may be withheld, or
opier celated requirements may be imposed, ifoutstanding audit issues (if any) from OMB Circuler A•133 audits (and
any other audits of OJP grant funds) are not satisfaGorily and promptly addressed, as further described in the cucrent
edition ofthe OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirecUy, in support of the
enactment, rcpeal, modi6cation or adoption of any law, regulation or policy, at any level of govemment, without the
express prior written approval ofOJP,
S. The recipient must promptly refer to the DOJ O1G any cnedible evidence that a prineipal, emptoyee, agent, contractor,
subgrantee, 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 faws 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:
Ofiice of'the [nspector Genera!
U.S. DeparlmcnlofJustice
' lnvestigations Division
950 Pennsylvania Avenue, N. W,
Room 4706
Washington, DC 20530
e-mait: oig.hotlineQusdoj.gov
hotline: (contact information in English and Spanisb): (800) 869•4q99
or hoUine fax: (202) 616-9881
Additional information is available from the DOJ OIQ website at www.usdoj.gov/oig.
6 Recipiem understands and agrees that it cannot use any federal f�nds, either direcily or indirectly, in support of any
conaact or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approva! of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during ihe 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 4000l2 (RfiV.4•88)
' �� 17epartmentofJustice
Office of Justice Programs
` � � Bureau of Justice Assistance
�N �
��<.: _
PROJECTNUMBER 2012-D1-6X•1036
AWARD COHTINUATION
SHEET
Grant
AWnRD DATE O8/16/2012
SPECIAL CONDlTIONS
PAGE 3 OP 7
8. The rccipient agrees to comply with applicabte requirements regarding Centrat Contractor Registration (CCR) and
applicable restrictions on subawazds to first-tier subrecipients that do not acquire and provide a Dala Universal
Numbering System (DUNS) number. The details ofrecipient obtigations are posted on the Office ofJustice Programs
web site at http://www.ojp.gov/f�nding/eer,hdn (Awazd condition; Central Contractor Registration and Universal
IdentiCer Requirements), and aze incorporated by reference here. This special condition dces not apply to an award to
an individual who received the award as a nahusl 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 �rder 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 enforee policies
banning employees from text messaging while driving any vehicle during the course of performing work fUnded by this
grant, and to establish workpiace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
10. The �ecipient agrees to comply with all epplicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, �vhere applicable) governing thc use of federal funds for expenses
related to conferences, meetings, uainings, and other events, including the provision of food and/or beverages at such
events, and costs of attendance at such events. Infottnation on pertinent laws, regutations, polieies, and guidance is
available at www.ojp.gov/R�ndingfconfcost.htm.
l 1. The recipient understands and agrees that any training or training materiais developed or delivered with funding
provided under this nwnrd musi ndhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at http://www.ojp.usdoj.govlfunding/ojptrainingguidingprinciples.htm.
12. The recipient agrees that if it currently has an open award of federal ftmds or iPii receives an award of federal funds
other than this OJP award, and thosc eward funds have been, are being, or are to be used, in whole or in pan, for one or
more of the identical cost items for which ftrnds are being provided under this OJn award, the recipient wiU promptly
notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget-modiftcation or
change-of-project-scope $rant adjusqnent notice (GAN) to eliminate any inappropriate duplication of funding.
13. Thc recipient agrees to camply wiih appiicable requiremenis to roport first-tier subawards of 525,000 or more and, in
certain circumstances, to report the names and total compensadon 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 (FS2S). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of lustice Progrnms 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 noi apply to grant awards made to
An individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that
he or she may own operate in his or her name).
l4. 'The recipient agrees that a(I income generated as a direct result of this award shall be deemed program incorne. Alt
prograzn income eamed must be accounted for and used for the purposes of funds provided under this award, including
such use being consfstent with the conditions of the award, the effective edition of the OJP Financial Guide and, as
applicnble, either (1) 28 C.F.R, Part 66 or (2) 28 C.F,R Part 70 and 2 C,F.R. Part 215 (OMB Circular A• 110). Further,
the use of program income musi be reported on the quarterly Federal Financial Report, SF 425.
_ _ -,I
OlP FORM 400012 (REV, 4-BB)
� --- _ , �
Departmont of Justice �
, ;;� Office oflusticePrograms AWARD COhtTINUATrON
°�� � Bureau oiJustice Assistanee SHEET � rnc� a oF �
�� � Grant
i
_ _ _ _ . . . � __�—
� . _ �__ --
PROIECTNUMBER 2012-Dl-BX•10�6 AWARDDATE 08/16/2012
� : _ __. .--..-.
SPEC/AL CONDITIONS
i S. The grantce agrees to assist BJA in complying with the Nationa! Env'vonmental Policy Act (NEPq), tho National
Historic Preservation Act, and other rotated federal environmental impact analyses requirements in the use of'thesc
grant fUnds, either direc8y by Uie gruntee or by a subgrantee. Accordingly, the grentee agrees to first determine if any
of 1he following activities wip be fianded by the grant, prior to obligating funds for any of these purposes. if it is
idetermined that any of thc following activitics wiU ix funded by the grant, the grantee agcees to cqniact BJA.
The grantee understands that this special condition applies to its fbllowing new activities whether or not they are being
specifically fl�nded with thesa grant funds. That is, as long as the activity is being conducted by the grantee, a
' subgrantec, or any third party and the activity needs to be undertaken in order ro use these grant funds, this special
' condition must first be met. The activiiies covered by this speeial condidon are:
, a. New construction;
b. Minor renovation or remodeling of a property tocated in an environmentally or historically sensitive area, including
properties tocated within a 100•year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible Tor listing on the National Rcgister ofHistoric Piaces;
c. A renovation, lease, or nny proposed use of a building or faciliry that wi(i either (a) resutt in a change in its basic
prior use or (b) signifieanUy change its size;
`' d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) pwchased as an
incidentat component of a funded activiry and (b) traditionally used, for exampte, in office, household, recreational, or
f education environments; and
e. Imptementation of a progrnm relating to clandestine methamphetamine tnboratory operations, iacluding the
identifieation, seizure, or plpsure of clandestine rnethemphctamine laboratories.
' The grnntee understands and agrees that complying with NBPA may require the preparation of an L-nvironmental
Assessment and/or a�� Environmenta! Impact Statement, as directed by �JA. The grantee fi►rther understands and
agrees to the requirements for implementation of a Miti�ation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/nepa.htmt, For programs relating to methamphetamine lnboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrAntees' existing programs or activities that wiil be ftmded by these grant funds, the grantee, upon specific request
from BlA, agrees to cooperate with BJA in any preparadon by BJA of a national or program environmental assessment
of that fundcd pmgram or activity.
t6. To avoid duplieating existing networks or IT systems in any rnitiatives funded by BJA for law enforcement infonnation
sharing systems which invoive interstate wnnectivity batween jurisdictions, such systems shall employ, to the extent
possible, existing networks as tha Communication backbone to achieve interstate connectiviry, unless the grantoe can
demonstrate to Iho satisfaction of BJA that this requirement would not be cost ef%ctive or would impair ihe
functionality of an existing or proposed 1T system.
l7. In order to promote information sharing and enable interoperabitity among disparate systems across the justice and
public safety community, OJP rcquires the grantee to com�ly with D4J's Global Justice Infomtation Sharing Initiative
(DOJ's Giobal) guidelines and recommendations for Uiis panicular grant. Grantee shalt conform to ihe Global
Standards Package (GSP) and all constituent elements, where applicabte, as described at:
http://www.it.ojp.gov/gsp�rantcondition. Grantee shall document planned approaches to information sharing and
describe wmpliance to the GSP and appropriate privacy policy that protects shared informetion, or provide detailed
� }usti�ication for why an attemstive approech is recommended,
d1P FORM 4000/2 (REV. 4•HS)
4:� DepartmentofJustice
�. Office of Jastice Programs
i $ureau oi'Justice Asslstance
* ��
AWARD CONTINUATION
SHEET
Grant
` PROJCCT NUMBER 2013•bJ-BX-1036 AWARD DATE OB/16J2012
SPEClAL CONOJTIONS
I
. _I
18. The recipient is required to establish a trust fund account. (Tho trust fund may or may not be an interest-bearing
account.) The fLnd, including any interest, may not be used to pay debts or expenses incurced by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG}, The recipient als4 agrees to obligate
and expend the grant Rmds in the trust fund (inctuding any interest earned) during the period of the grant. prant funds
(including any interest earned) not expended by the end ofthe grant period must be returned to Ihe Bureau of Justice
Assistance no later than 90 days after the end ofthe grant period, along with the final submission ofthe Federat
Financial Report (SF-425).
19. JAG funds may be used to purchase bufletproof vests for an agency, but may not be used as the 50% match for
purposes of tha Bulletproof Vest Parb�ership (BVP) program.
I 20. 'C`he recipient agrees to submit a signed certification that that a11 law enforcement agencies receiving vests purchased
� with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and stnte agencies must keep signed
certiflcations on frle for any subrecipients planning to utilize JAG funds for bulletproof vest parchases. This policy
' must be in place for at least all uniformed o�cers before any FY 2012 JAG funding can be used by the agency for
bulletproof vests. There are no requiremenu regarding the nature oTthe policy other than it being a mandatory �vear
policy for all uniformed ofTicers while on duty.
, 21. E3ulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any disMbutor
or manufacturer, as long as the vesis have been tested and found to comply with applicable National Institute oflustice
ballistic or stab standards. ]n uddition, bulletproof vests purchssed with JAG funds must be Ameriean-made. The latest
' NIJ standazd information can be found here: http://www.nij.govRapics/technologylbody-armor/sa£ety-initiative.htm.
22. The recipient agrees that any inforrnation teehnology system funded or supported by OJP funds wiq comply with 28
C.F.R, Part 23, Criminal lntelligence Systems Oporating Policies, if OJP dete�mines this regulation to be applicable.
Should OJP determine 28 C.P.R. Part 23 to be applicable, OJP may, at its discrction, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.�t. Pari 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Ftecipient may not satisfy such a fine with federal funds.
23. 'fhe recipient agrees to ensure that the Suste Information Technology Point of Contact receives written notifieation
regarding any information technotogy project funded by this grant during the obligation and expenditure period, This is
to facilitate communication among local and state govemmental entities regarding vcu�ious information technology
projects being conducted with these grant funds, In addition, the recipient agrees to maintain an administrative 81a
documenting the meeting of this requirement. For a list ofState [nfortnation Technology Points of Contact, go to
http://www. it.ojp.gov/defnult.aspx?area�olicyAndPractice&pagc=t 046.
2A. The grantee agrees to comply with the appf icablc requirements of 28 C.F.R. Part 38, the Departmeni of ]ustice
regulation governing "Equal Treaunent for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of 7usdce grant awards of direct funding may not be used to
fund any inherentty retigious activities, such as worship, religious instruetion, or proselytization. Recipients of direct
grants may still engage in inherendy religious activities, but such activities must be separate in time or plece from thc
Departmcnt of Justice funded program, and participation in such activities by individuals receiving services &om the
grantee or a sub-grantee must be vo2untary. The Equal Treaqnent Regulation also makes clear that organizations
participating in programs directly funded by tbe Deparpnent of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstandin$ any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment, See
http:/hvww.ojp.gov/aboudocr/equal_tbo.hnn.
25, 'ihe recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
confonn to the grant program requirements as stated in B7A program guidance.
PAGE S OF 7
O1P FORM 4000/2 (REV, d•88)
�'`;u.��.�
; �� ��r�:
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Department of Justice
Office of 3ustice Programs
Bureau of Justice Assistance
PRO)ECTNUMBER 2012•DJ•BX•1036 AWARDDATE 08/16/2012
SPECIAL CONDITIONS
PAt36 6 OF 7
26. Grantee agrees to comply with the requiremenu of 28 C.F,R. Par146 and a11 O�cc of Justice Prog�ams po1'scies and
procedures regarding thc protection of human research subjecu, inoluding obtainment of institutional Review 8oard
approval, if appropriate, and subject informed conscnt,
27. Grantee agrees to comply with all confldentialiry requircments of h2 U.S.C. section 3789g and 28 C.F.R. ?ari 22 that
are appiicable to collection, use, nnd revelation of data or information. Grantee further agrees, as a condition of grant
approval, ro submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in pariicular,
section 22.23,
28. The recipient agrees that ti�nds received under this award will not bc used to supptant State or local funds, but will be
used to increase lhe amounts of such funds that would, in the absence of Federal funds, be made available for !aw
enforcement activities.
29. Award recipienu must submit quarterly a Federal Financia! Report {SF-425) and annual performance roports ihrough
GMS (https://granu.ojp.usdoj.gov). Consistent with the DepartmenPs responsibi[ities under the Govemmeni
Performance snd Resuits ACt (GPRA). P.L. 103-62, applicnnts who receive funding under this solicitation must
provide data ihat measure the results of their work. Therefore, quarterly performance metrics reporis must be submitted
through BJA's Performance MeaSurement Tool (PMT) website (www.bjaperforn►ancetools.org). For more detailed
information on reporting and other JAO requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAO reporls by established deadlines may result in the freezing of grant funds and Rtture High Risk
desigaation.
30. The recipient agrees to monitor subawards under this JAG awnrd in accordance with alt applicable statutes, regulAtions,
OMB circulars, and guidelines, including the OJP Financiai Guide, and to uiclude the applicabie conditions ofthis
award in nny subaward, The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipicnts. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
31. Award recipients must verify Point of Contact(POC}, Finaneial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address, ]f any information is
incottect or has changed, a Grant Adjustment Notice (GAN) must ba submitted via the Grants Management System
(GMS) to document changes,
32. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these funds who is n task force commander, agency executivc, task force oflicer, or other task force member oP
equivalent rank, wilt wmplete required online (intemet-based) task force training. The training is provided free of
charge online through BJA's Center for Task Force lntegrity and Leadership (www.ctfli.org). AII current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. 'liiis training addresses task force effectiveness as well as other key issues
including privaey and eivit liberties/rights, task force performance measurement, personnel setection, and task forca
oversight and accountability. Additional information is availabte regarding d�is required training and access methods
via B1A's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
33. The recipient may not expend or drawdown funds until ihe required bulletproof vest ceriifcation re(ated to matching
funds and mandatory wear has been submitted by the ncipient and approved by the Bureau ofJustice Assistence
through a Grant Adjustment Notice (QAN).
34. Recipient may not expend or drawdown funds until the Bureau of Jusdce Assistance, Office of Justice Programs has
reviewed nnd approved the Absaact portion of the application nnd has issued a Grant Adjustrnent Notiee (GAN)
informing the recipient of the approva).
AWARD CONTINUATION
SHEET
Grant
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OJP fORM 400012 (REV. 4-86)
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PROJ[CTNUMDER 2012-DJ•BX•1036
AWARD CONTy1ViJATION
SHEET
Grant
AWARD DA'iE 08/16/2012
PAGE 7 OF 7
SPEClAL CONDIT/ONS
35. Recipient may not expend or drawdown funds until Aie 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 drawdovm funds until ihe Bureau ofJustice Assistance, OflSce ofJustice Programs 6as
received documentation demonstrating that the state or focal governing body raview and/or community notification
requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition.
37. With respect to this award, federat 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°/a of the ma�cimum annual salaty payable to u member ofthe
federal government's Senior 6xecutive Service (SES) at an agency with a Certified S�S Performance AppraisaJ System
for that year. (An award recipient may compensate an emptoyee at a higher rate, provided the amount in excess pf this
compensation limitation is paid with non-federal fisnds.)
This limitation on compensation rates allowable under this awazd 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.
OJP FORM 4000/2 {RGV. 4-88)
L � � j � C�� ���
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 REFERENCE NO.: C-25928
LOG NAME: 35JAG12
SUB.TECT:
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 llepartment
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 foliowing 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
cun•ent operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
51 GR76 451891 035423000
5) GR76 441042 035423000
�,l GR76 5NARIOUS1035423010
51 GR76 539120 035423020
51 GR76 539120 035423030
5) GR76 539120 035423040
51 GR76 539120 035423050
51 GR76 539120 035423060
51 GR76 539120 035423070
$561,566.00
10 000.00
$281.506.00
8 84 .00
$139.406.00
13 81 .00
10 760.00
$11.765.00
14 461 00
FRQM FundlAccount/Centers
' ' • •' • _ 1 � 1:1
CERTIFICATIONS:
Submitted for CitY Mana�er's Office b�
Ori�inating Department Head:
Additional Information Contact:
ATTACHMENTS
'� 1 111 11
Charles W. Daniels (6299)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
1. 35JAG12REVISED A013.doc