Loading...
HomeMy WebLinkAboutContract 44570 (2)c�� ��'� � � -- � � �vn. Memorandum of Understanding between the City of Fort Worth, TX and the City of North Richland Hills, 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 North Richland Hills, Texas ("SubrecipienY'). 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 $14,461.00 shall provide for a Joint Crime Victim's Liaison program and associated programmatic costs for the North Richland Hills Police Department as outlined in the Budget Nai7•ative, 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/or 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 $14,461.00 fi�om 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 t•eimbursement 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 Manageinent and Budget (OMB) Circulars A-122 and 1-110. � -�-- � MOU between the City of Fort Worth, TX and the City of North Richland Hills, TX R�C�IVED JUN 13 �iR�ICI,�B� RI���RD ti���b'�� ��,C���'�'A�tif lNk�����9 � � 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) E�iibit A to this MOU, entitled "FY 2012 JAG Budget Narrative", 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 tirnely basis; and malce available at reasonable times and for reasonable periods records and other programmatic or financial records, boolcs, 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 nuinber 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 Depai•tment, 350 West Bellcnap Street, Fort Worth, TX 76102 no later than the Sth 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 City of North Richland Hills, 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 iive (5) years after the end of the federal iiscal 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 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. '�_► � �► :_ A. Recipient The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- 4243, email address: sashalcane@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Foi-t 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 Fol�t Worth Police Department, 350 West Bellcnap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to sashalcane@fortworthtexas. gov. B. Subrecipient MOU between the City of Fort Worth, TX and the City of North Richland Hills, TX Page 3 of 6 The primary point of contact for Subrecipient is Mike Young, telephone number: (817) 427- 7003 email address: myoung@nrhtx.com, mailing address: 7301 NE Loop 820, North Richland Hills, Texas, 76180. 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 accurring 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. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondent 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 North Richland Hills. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Any monies expended by a party under or in connection with this MOU must come from funds currently available to that party. Recipient or its representatives shall have the right to investigate, examine and audit at any time any and all necessary books, papers, documents, records and personnel that pertain to this contract or any related subcontracts. MOU between the City of Fort Worth, TX and the City of North Richland Hills, 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 modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the City of Fort Worth: Sasha Kane Senior Contract Compliance Specialist City of Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 For the City of North Richland Hills: Mark Hindman, City Manager 7301 NE Loop 820 North Richland Hills, TX 76180 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 iinal 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 and the City of North Richland Hills, TX Page 5 of 6 ACCEPTED AND AGREED: CITY OF NORTH RICHLAND HILLS: By: ��i� Mark Hindman City Manager Date: � "� � $' .+ APPROVED AS TO FORM AND LEGALITY: City of North Richland Hills Printed Name: P 1' -SG`Q'%�/.�S Signature: Date: !�- ��$ 13 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Charle Daniels Assistant City Manager Date: �6. /l /3 APPROVAL RECOMMENDED: By: �✓. � Jeffrey W. Ha stead Chief of Police Date: � � 7'%3 APPROVED AS TO FORM AND LEGALI By: Jessica S gsvang Assistant ity Attorney Date: l Q �- � 2j Contract Authorization: M&C: C, —� Zj �"I Z- � Date Approved: ��I ���� Z-- ATTE By: % Mary � . Kayser l City Secretary �; � —� \ � / �,�y,u.�.l�y4,,��� y � ' � ��A�+°���► �``� �/ � ����A �°���( ��i� °�# 0 0 � a �r � � p py ��� o�p���0060�0����'C`�L r� ����!'�'�+_.�.�, � Mou betWeen cl�e c�ry ofFo�-c wo��ch, Tx ��FYCIAL REC�I�� �� and the City of North Richland Hills, TX (�,�� s���g���6 � �'t'�'HM��.�'k�,1C� Exhibit A North Richland Hills- $14,461 Budget Detai! Worksheet C. Travel Pur ose of Travel Location Item Com utation Cost No funding requested in this category Travel Sub-Total $0.0 0 G. Contractor Services Descri tion % on Pro'ect Total No fundin� reauested in this cate�ory City of Fort Worth 1 of 4 Sub -Total �0 'Bud et Summa Bud et Cate o Total A. Personnel $10,856 B. Fringe $4,701 C. Travel $0 D. E ui ment $0 E. Su lies $0 F. Consultants/Contractor Services $0 TOTAL PROJECT COSTS $15,557 Federal Re uest: $14,461 Non-Federal Amount: $1,096 City of Fort Worth 2 of 4 North Richland Hills- $14,461 Budget Narrative A. Personnel: $10,856 • The current Joint Crime Victim Liaison hired far this existing program has been so employed since 2009 and allocates 100% of her time (1 FTE) to the program. The proposed (FY12-13) salary for the CVL is $59,664 annually ofwhich $19,989 is fringe (33.5%) (FICA, unemployment ins., retirement, health, workers comp) the actual take home pay before taxes is $39,675. • Currently, a portion of the CVL program is under the Texas Attorney General's grant which is anticipated to pay approximately 62% ($36,991) ofthe personnel costs. • The remaining portion ofthe personnel cost ($22,672) is split proportionately among the partnering cities. • The obligation for the City of North Richland Hills is factored at 72% which is $16,324. This percentage is derived from the total usage of CVL based on number of victims serviced (i.e. NRH victims account for approximately 72% of the total victims serviced by the joint project). • The benefits breakdown af the salary ($16,324} is again factored at 33.5% ($10,856 salary + $5,468 fringe) • This proposed JAG grant will fund $14,461 of the CVL salary with the remaining obligatipn of $1,863 to be paid through matching funds from the department's investigative seized funds account. City af Fort Worth 3 of 4 B. Fringe Benefits: $5,468 • The benefits breakdown of the salary ($16,324) is again factored at 33.5% ($10,856 salary + $5,468 fringe} • This proposed JAG grant will fund $14,461 of the CVL salary with the remaining obligation of $1,863 to be paid through matching funds from the department's investigative seized funds account. C. Travel: No funds are requested in this category. D. Equipment: No funds are requested in this category. E. Sapplies: $16,041.00 Funding for the supplies that encompass the entire simulation training system, F. Construction: No funds are requested in this category. G. Consultants and Contr�ctors: $2,380.00 Instructor certification training on the simulation training system for four officers. H. Other Costs: No funds are requested in this category. I. Indirect Costs: No funds are requested in this category. City of Fort Worth 4 of 4 Exhibit B Department of JusNce Q_ dt�'ice ofJustice Programs i Bureau of JusHce Assistance ���. I. RECtPIEN`T NAME AND hDIJRESS (lnctuding Zip Cude) City of Fnn Wonh 350 Wast Betknsp StreM Fort woreh, TX 76102-204�1 IA. 4RAtdTEE IRS/VENT30R N0, 756DU0528 3. PRO)ECTTITLE Tarrenl Counry FY 2U12 JAG ProJect ��� ,x � � � �: � PAGE I UF 7 d. AWARLINUMBER: 2012-Dl-BX-1036 5,PROJECi'PERIOb:PROM 10/01J201I 70 09/30I20IS BUDGL•T PBR10D: FRqM 10/01/2011 TO 09/3Q12015 6. AWAR17 DAT� OB/I6/201� 7, SCT70N 8. SUPPLGMENT NUMDEk �n�hs� � 9. PREVIOUS AWARl7 AMOUNi' i 0 10. AMOiINT OP THIS AWAYtl) S 56�,566 I l. TOTAL AWARD S 561,5G6 12. SPECIAL CONDIT[ONS 7H8 ABOVE (iRANT PROJF.CT IS APPRO�D SUBJECTTO SVCH CONDI7IONS OR LIMITATIOTdS AS AFiE SET FORTH ON THE ATTACH�A PAGE(5). l3. STAT111'ORY AUl'HORITY FOR 4RANT This �wojetl is supported undtr FY12(SIA -1AG) 42 USC 3750, et seq. 15. METHOD Of� PAYMFNT GPRS � AGENCY APPROVAL _ 16. TYPED NAtdE AND 71TLE OF APPROVING OFFICIAL Deniu O'DomeU Dircctor I7. SIGNATURE OF APPROVINO OFFtCIAt, ,:... �,-a...,,�. `_ GRANfEEACCEPTANCE Ib. TYPED NAME AND "[7TLE OFAUTNORIZEp ORAN'1'EF, OPPICIAI. Cherlea W. D�niels Assistam Ciry Muuger 19. SIGNA ,. . AGENCY USE ONLY 2A.ACCOUNTIN6CLASSIFfCATIONCODES 21, LD)UGTI3o0 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POM5 AMOUNT 7( B DI 80 60 00 561566 � O1P FORM 4000/2 (REV, 5•87) PREV]OUS EDITIONS ARE OBSQLETE. O1P FORM 400W2 (R6V. d-88) �� • � c� q� � •-' • � .�_ r �F r _. - �j/�` ' { '` ,.��`,,, y. , j� ' � �+"!i .. �'' � '�---'�,.�-•� �r.�r �-",.�--,.,�,�,� _ '�.o✓r„--w' .. r �..-^�w, � � r_ .<. �Y.,-t'-�. �» �-,�'-,.--y->'"„_.�.-:?:�'_.<, —=�. � �$�¢ �- �°�� .,. ___—.._.�._.�_ _.._. � Con�.�acw At;t3�c��iz��i�� � ; � _..... i�(o1�1 �� ���6 . .C1� � � � _, I ; � � �., , .. , � ,�1 I i , `.) _ . = I ( ` 11 _`: � I�,{ � �`� " ,,� Dcparuntnt oflustice •� Oti3ce oflustice Programs A'VVARi3 CONTINUATI(iN �* �� 4R� y� Bureau of Justice Assistance � SHEET rac� s oF � ��� � ; Grant � ; PROlECTNUMBER 2012�pYBX•1076 AWARDDATE OE/I6/2012 SPECIAL CONDITIONS L Thc recipieitt agrees to comply with Ihe financiel end edministraiive requimmenis sei forih in the current edilion of the Office ofJustia Programs (OJP) Financiat Guide. 2. The rxipient acktawledges that failure to submit an scceptable Equal Employment Opporruniry Plan (if rocipient is required w submit one pursuant to 28 C,F.R. Section 42302� thet is approvcd by the Office !or Civil Righls, is a viotation of i1s Certified Assurances and msy rusult in s�pension or termination of funding, until such time as the recipient !s !n compliance. 3. The recipieat agroes to comply with the organizstional audit requicements of OMB Cireular A-t33, Audits af States, Local Ciovanments, end Noo-Protit Organizations, and fl�rther understands and agrrees that fUndc mey be withhelq or ather related requircmrnts may be imposed, if outstending eudit issues (if any) from OMB Circular A-133 audits (and any other eudits of OJP grent flmds) ere not satisf�ctorily and promptty addressed, as further described in �he current sdition of'the OJP Financial Guide. 4. Recipicnt understands and agrces that it caru�ot use any tbderal Punds, elther direcNy or indicectly, in supEwrt of tfx a�tment, ropeal, modificallon or adopHon of ury law, regulmion ar policy, at any levet of govemmonl, wittwut tho express prior written approvet of OJP. 5. T6e recipient must prompdy refer to the DOJ 0[ti any a+e�"blo evidence �hat a p�u►cipai, eroploya, agent, contraqor, subgrantee, subcontracwr, or other person has either I) svbmitted a felse claim fbr grant fimds undcr the False Claims Act; or 2j commiaed a criminel or civil violation oP laws pertaining to fraud, con!lict of interest, tuibtry, grntusty, o� similar miscanduct involving grant funds. This coadition also appties to any subrecipients. Potentisl fYaud, waste, abuse, ar misconduct should be reported to the OICi by - mail: Ofitee of tlx lnspector Generel U.S. Depariexnt ofJustice investigatioas Division 950 Pennsylvanie Avenue, N W. Room 470G Washington, DC 20530 e-mail; oig,hotline(�usdoj,gov hoUine: (contact infottnation in English and Spanish): (800) $69�4499 or hoqine Fax: (Z�2) 61b-9881 Additionai information is available &om the DOJ OlG websita at www,usdoj.gov/oig. 6, Rec9pi�nt understends and ag�as that it cannot usC any fedaal funds, eitiur dircctly or indiredly, in support of any contract or subaward tp eitl►er the Association of Community Orgsnizations for Reform Now (ACORN) ar its subsidiaries, without the express prior writtat approval of OJP. 7. T7x rccipicnt agrecs ta comply with any additional requircmarts that mey be imposai during the grant pa�formance perlod if the ag,ency determines that the recipfent Is a Righ-rlsk grantee. �f. 28 C.F.R. parts 66, 70. � ! n �it��/ti../ OJP FORM �10bW2 (REV. 488) � '~ Deparqnent of Jnstice � � Ofiice of)ustioa Progrems AWARD CONTINUATI4N "� ' ��� Bureau of Justice Asaistance SHEET r�ce a c� , � �� � : ,� � � ���, �, �y�.. Grant I __ _ . � 'I G _____ __._ . _ ___ � PROIECTNUMBER ]Al2�DJ•BX•I036 AWARDDATE OA/t6120t2 f...____. . _. ..... .. �.. � .._. . . ._._.- _._.... ._. _..._...._ ..._ ........_ �.. ' SPECIAL CONDITIONS 8. The rccipieni agrees to compiy with appliceble rcquiroments regarding Cenual Contractor Rcgistration (CCR) and ' applicabie restrictioos on svbawards to P�rst-tier su6recipienls thet do not ecquirc and provide a Uata Un{vasei Numbering System (bUNS) aumbu. The details oPncipient obligations aro posted on the Otiice of Justia i�rogcams web site at http:l/www.ojp.�ov/Huidipg/ccr.htm (Awerd condition: Centrel Contractor Registratioa and Universal Ideatifier Requirements), and ere incorporated by nferonce txre, This spociai condition does not epply to en award w i an individual who rev�ived the awerd es a uetural parson (i.e., anrelated to am business or non-proflt organirBtion that ! he or she may own or oper�k in his on c�r name), 9. Pursuant to Executive Order 13513, "Federal l.eadership on Reducing Toxt Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department enoourages recipientn and sub reeipients W adopt and enforce policies banning employas fram text messaging while driving any vehicle duriag the course of performing work flmdect by this grant, and to establish workplace safety po)icies end conduct educatioa, awareness, and othe+� oatrench to decroase crashes csused by distraeted drivas. l0. 'iht reCipient egees to compty with atl applicable laws, reguletions, polieies, and guidance (iacluding specific cast limits, prior approvai and reporting requirements, where applicable) governing the use of federel funds for expenses retated to conferonces, mediags, traintngs, and athcr events, inctuding the provision of food and/or beverages at such avents, and costs of attendana at such events. Information on peninent laws, regulations, policies, and guidance is avaitable at www.ojp.gov/fund'mg/conf�st.htm. 1 l. 'iT�o recipknt uaderstands aad egrecs that any irsining or traiuing materials devaloped or delivered with fundtng provided under this award must adhere to the OiP Training Guiding Principlas for Grentees and Subgrantees, available at http://www.ojp.usdaj.gov/fUnding/ojptrainin8guidingprincipics.htm. 12 Thu rocipient agrees that if it cumentty has an open award of federei flmds or if it receives an swerd of federa[ funds o�her than this O1P award, az►d thoso award Ponds have been, are being, or ere to be used, in whole or in pact, for one or more of the ide�ttcal cost itertu for which funds are betng provided under �his QTP award, the reaipient wiil prompUy notify, ie writing, the grant managu for this OJP award, and, if so rcquested by C}lP, sak a budget-modification or change-of-project-sc�ope grant adjusanent notice (GAN) to elimtnate sny lneppropriate duplicatIan of fi,ndi�g. t3. 7i�e recipien� agrecs to compty wi�h appiiceble requiraments to rcport first-ticr subAwardc of S25,d00 or morc end, in certaia circumstanc�s, to report the nemes and total compensation of the five most highly compensatcd axecutives of !he rccipi�r►t and first•tier subrocipients of award funds. Such deta will be submitted to 1hc FFATA Subaward Reporting Systom (ESRS). The details of roclpient obligadons, whtch derive from the Federel Funding Accountnbility and Transparaicy Act of2006 (FFATA), arc posted on ihe O�ce of lustice Pro�anos web site st httpJ/www.ojp.gov/funding/ffata.htm (Award conditton: Reporting 5u6awerds and Executive Compensalion), pnd Are ir►co�poratcd by reference hera This condition, end its rtporting raquiremcnt does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any 6nsiness or non•profit organlration that he or she may own opaate in his or hor tusmo). 14. The recipient agroes that ail income genoratal as a direct �esuit of this award shail b� dxmed program income. Ali program income eamed must be accounte� fir sad used for �he purposes of funds provided esndcr this award, inetuding such use being consistent with 1he condiiions of the award, the effective edition of the O1P Financial Guide and, as epplicable, either ( l) 28 C.F.R. Pan 66 or {2) 28 GF.R Pert 70 and 2 C.F.R. Pan 215 (OMB Circulsr A-1 10). Further, the use of p�ogram incame must be repo�ted on the querterly Federai Financia! Report, SF 423. OJP FORM 4000H2 (REV. 4•88) �' '�'°,7- Depertmentoflustice - �; Oflice of Justia Programs � � � � X Bureau otJustice Assistance �"s�t `�+.. �,�M� � � t��_».�� .PROIPCI'NUMBF.tt 2012�DI�SX-10]6 . AWAYtb CONTiNUATION SHEET Grant AWARD DA'fE 08l16/2012 SPECIAL CONDITIONS PAGB 4 pF 7 1 S. The grantee agc�ets lo assist BJA in complying with the National Environma�tai Policy Act (NEPA), the Netionai Histonc Fres�rvation Act, end other re)ated federai environmental impact analyses requirements in the use ofihese grant fUnds, eiit�u dircGly by the grantoe or by e subgrantee. Accordingly, th� grantee agrees w first determine if eny of t4e following activities wiil be fLnded by the grant, prior to obtigating funds for any of lhcse purposcs. If it is dctermintd that nny of the following aetivities will be furtded by ihe grent, tBe grantee agrees to contact BIA. The grantee understands that this spxial eondition applies ro its following new activitias whether or not d�ey are being spaeifieally lGnded with these grant funds. 'fhst Is, as tong as the activiry is being canducted by the grantee, a subgrantoe, or any third party and the activity needs w be unckrtaken in order w usa �hese grant funds, this speciat condition must first be met. The acUvities covered by this apeeia! cond;don are: a New co�struction; b. Minor ro►►ovation or romodcling o£a property located in ar� envlronnxntatly or historically sensitive aroa, inciuding properties located within a 1 p0-year tlood plein, s weiland, or habitat for eadangered species, or a property listed on or eligible for iisiing on tho National Registu of H{storic Places; c. A renovAtion, ieast, or aoy proposed use of a buiiding or facility that will either (a) resuit in a chenge in its basic prior usc or (b) signifrcapdy chenge its size; d. tmplemcntation of a�w program involving the use of chemicals other thar► chanicals lhat an (a) purchased as an incidentai compone� of a ft�nded aaiviry end (b) traditionally used, for exemple> in o�a, household, recreetionsi, or edueation mvironments; and a[mplementation ofa program �ela�ing ro clandestine meihamphetamine laborarory operations, including the identification, seizun, or closure ofc�nndestino methamphetamiae lsboratories. '[1u grantee undustAnds and agroes thet complying with iJEPA msy rcquire the preparetion of en Environmentsi Assessment and/or en Environmental impaet Stateme�t, as direeted by BJA. The �antee fGrther understands and agrees to Ihe �equinments for implementation of a Mitigation Plen, as detaUtd at hnp://www.ojp.usdoj.gov/glA/resource/nepa.i�unl, for programs relating to melhamphetamine IaboraWry oporations. Appiication of This Specia! Condition t� Grentee's Existtng Pcogrems or Activities: For any of the grantee's or its subgraatees' ex�sting p,bgrems or activities that will be fl�nded by Uxse g�ant fimds, the gra�►tee, upon spccilic request from e]A, egrxs to coopuate with BJA in any preparation by B)A of a natione! or program environmentai assessmrnt of that tLnded program or aCtivity, I6. To avoid duptieating existing networks or IT systems in eny initiatives ft�nded by BJA for law entbrcement information shering systems which iavotve interstate connectfvity between judsdiaions, such systems shail anptoy, to the extent possible, existing networks as 1he communicetion backbon� to echiove interstete connectivity, unicss the grantee can demonstrate ro the satisfaction of BJA that this rcquirement would not be cost efibctive or woutd impe'v the functionality of an existing or pmposed IT systcm. 17. In order to promote informstion sharing and enebJe interoperabitiry among dispsrate systems acrou the justice and publie sa2ty oommunity, OlP requircs tha grantet to �mpiy with DOJ's Globat lustice Information Shering Initiative (DOJ's Global) guidelines and recomma�dations for this particuler grant Grantee shell confors» to Ihe Glob�l Standards Package (GSP) and ali constiWent elements, where applicabla, es clescribed at: http://www,it.ojp.gov/gsp�rarncondition. Cirantee shall document plannW approaches to infbrmation sh�ing and describe complienoe W the C3SP snd appropriate privacy policy+ ihat protaxs shazed information, or provide dctailcd justification for why an altemative approach is recommended. tr 07P FORM <000/2 (REV, 4-88) Depnrtment of �ustia �' � Officc of lustice Programs �� " � � Bureau of Justice Assistance �`��.:��'� � `°r�, � ..� � ___ _— _ _. PROIECTNUMBER 2012-U]-SX•1036 AWARD CONTINUATION SHEET Grsnt AWARD DATE OBJ16t2012 SPECIAL CONDITIDNS racE s op � 1 S. The recipient is roquired to establisf► a hust fund axounG (Thc trust fund may or may crot bo an interest-bearing eccount.) The tUnd, including any interest, may not be used to pay debts or expaiscs incumed by olher activitios beyond the seupe of the Edward Syme Memorial Justice Assistance Grant Program (JAO). 'It�a recipiant also agrees to obiigate and expend the grant ii�nds in the uust tl�nd (ineiuding any interest eamed) during the period of the grent Grent Cunds (tc�duding az►y tnteresl earned) not exparded by thc end ofthe grant pcxiod must bo rdumed to the Buresu of Iiuti¢e Assistance no later ihan 90 days afler the ond of the grant period, alo»g with the ttnet submission ofthe Fcderal Financial RepoA (SF�425). t9. JAG funds may be used to purchnse bultetproofvests tbr an agency,lwt mey �ot he used as the 50% match for purposes of the Bulletproof Vat Partnesship {BVP) prograrn. 20, Tha recipienc �rees co submit a sigrud certification that that ali law enforoement agencies receiving vests purchased with JAG Cunds have a writtea "maadewry wear" policy in effect. Fiscal agcnts and state agencies must keep signed vertifications on file for any subrecipients planning to utiliu JAG tLads fbr bulletproof vest purchases. Thts poliey must be in place for at least all unifom�ed officers before any FY 2012 JAG fimding can be uscd tsy the egcncy for bultaproof vests. Tixre are no �quirements ngarding the nature of the policy other theu it being s manda[ory u�ear policy for all uniformed officers wbile on dury. 21. Builetproof vests purchased with JAti funds may ixi purchased at any threat tevel, make or modcl, from any distributor or manufachirer, as long as thc vcsts have been tested and fouad to comply with epplieable Nationai Institute of Justia ballistic or stab stsndards. In addition, builetproof vests purchased with IAG tunds must be Ameriaen-mado. 7Le letest NU slandard information c�n be found hac: http://www,nij.gavhopiesRechnology/body-asmorlsafbty-iniUative.hdn 22. 7'h� recipient agrees that any infonnation technology system fimded or supported by OJP ftmds will comply with 28 C.F.R. Patt 23, Criminat tnte111gence Systems Operating Policies, ifOJP detcmiines this rcgulation ro be applicahie. Should OJP determine 28 C.F.R Part 23 to be applicable, OIP may, at iis discretion, perfor►n audits of the system, es per the rogutadon. Shouid any viotation uf 28 C.F.R. Part 23 occur, thc recipient may be fined as per A2 U.S.C. 3789g(c)-(d). Rxipient may dot setistj� such a tinc with fcderai �un4s. 23. The reciptent agcees to ensure thet ihe State InfortnaUon Teehnology Point of Contect receives written notificalion regarding any information technology project Cunded by this grant dwing thc obligstion and expenditure period, This is to facfiitate commun[catton emong locei and st�te govemmental eatitics rogarding various information technology projecls being conducted with these grant fi�nds. In addition, the recipiont 8greos to maintain sn administrative fite documenti�g il�e mcedng of this requirement For a list of Stata lnformation Technology Points of Contact, go to http://w�vw,it.ojp,gov/dcfault.aspx7acea�policyAndPrsctice&p�e=1046. 24. 'fh� grentee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Denarpnent oFJustia rcgulation governing "Equal Treaimcnt for Faith Basai Orgauizations" (the'Bquel Treaqnent Regulation"), The Equal Trcatment Regulation provtdes in part that Daparanent ofJustice gra�t awardc of d{rea funding may not be used to fund any inhenmUy rotigious activities, such as worship, �tigious instruction, or proselytization. Recipionntc of dircet grants may stil! engage in inhereatly religtous activities, but such acdviUes must ba separate in time or plece from the Deparnnent of Iustiee funded program, and participation in such activities by individuats reoeiving savicxs from the grentee or a sub-grantee must be voluntary. The Equat 7Yeatment Regulation also makes clear that orgeaizations panicfpa[ing ia progr�ms direcily ftmded by the Deparpnent af Justia are not pamitted to discriminate in the provision of services on the basis of a beneficiary's religion. Tiotwit}Lstanding any other speclal condiNon of thts award, faith- based organizalions may, in some cireumstanecs, consiQer retigion as a basis for employment. See http://www.ojp.gov/ubout/ocr/equ� tbo.htm. 25. TE�e secipicmt aclmowledgrs that atl programs fUnded through subawards, whether at tlse s[ate or tocat [evels, must confonn to the graut program rtquirements as at�ted in alA program guidance. ���_� � Gu/R../: OJP FORM 40Q0/2 (REV. 4-89) ��"`�"� t� DcpetUnettt ofJustiCe �;'" � Oftice oflusGcc Programs � ;. ' � ` Bu�eau oiJuatice Assistance °��. "��,:,;:� � •� -� �,... . _ __ _ _.__ PROJEGTtJUMBER 2012•D)�HX•�036 AWARD CUNTIN[JATiON I SHEET PAOE 6 OF 9 Grant AWARD DATE 08116i2012 SP$CIAL CONDITIONS 26. Granteo agrees to compty with ihe rcquirements of 28 C.F.R. Part 46 and ali Office of lustia Programs policies and procedures regarding the proteetion of human research subjects, including ohtainment of institudona! Revlew Board approval, if eppropriate, end subject informed conseat. 27. arantee agrees to comply with elt confidrntiellty requ'vements of42 U.S.C. section 3789g aad 28 C.F.R. Pe�t 22 that arc applicable to coliection, use, and revelation ofdeta or information, Grantee furtl►er agrxs, as a condition ofgrant approvai, to submit a Privacy Certifieate thet is in accord with requiroments of28 C.F.R. Pert 22 end, in particular, section 22.23. 28. 'Pix rccipient agrecs that funds received under this award will not be used to supptent Stato or local �unds, but wiU be uscd to increase the amounts of such funds thet wouid, in the absenoe of Federal Cunds, be made avaitable for law dlforcxmtnt activitiCS. 29. Award recipfents must suhmit quenedy a Federal Finaneial Report (SF-425) and annasl porformance reporls dvough �MS (hups://grents.ojp.usdoj.gov). Consistent with Iho Deparhment's responsibilities undp� the �overnment Performenee and Rtsults AM (GPRA), P.L. 103-G2, applicants who roaive tLnding undcr this solicitation must pmvide data that measure the rasut�s of Iheir work. Thereforc, quanerly performauce mctrics reports must be submitted through B!A's Pafom�ana Measurunent Toot (PMT) website (www.bjaperfrnmancetools.org). For more detaited information on mporting and other JAC3 nquirements, rofer to the JA6 rapotling �eyuirements webpaga. Failure to submit requiral JA(7 nports by established dcadlines may result in the �ecang of grent funds and fi�ture High Risk designati0n. 30. 'The reciplant egrees to mo»iWr sub8wards unAer this .IAG award in ar,00rciar�ct with ali appiicable stshttes, rcgulstions, OMB circulars, and guidelines, including the OJP Fivancial Guide, end to include the appliceblo conditions of this awerd in any subawerd. 'ihe recipient is responsibk for oversight of subr�ecipiea�t spend'mg end monitoring ofSpeciflc outcomes end benefits emibutab3e to use of JAG tunds by subncipients. The rocipian agras to submit, upvn request, documentat[on af its polictes and proaedures for monitoring ofsubawerds under this award. 31. Award recipients must verify Point of Contact{POC), Financiat f'oint of Contact (FPOC), and Authoriud [tepe�esa�ta6ve contact information in 6MS, including tdephone number and e-mail address. If eny information is inco�rect or has cha»ged„ a Grant Adjustment Nolia (GAN} must bo submittod via the Grants Menagemart System (GMS) to documsnt chsngos. 32. The grentee sgrees �hat wi�hin t20 days of award aceeptanoe, er�ch member of a law enforcement task forx tu�xted with thes� fund5 who is a task force commandu, agency executive, taslc force ofitar, or other task Poroc memBer of equivalent rank, wilt complete roquirod online {internet-based} task fora training, 'tlio training is provided tfa of charge online through BJA's Center for Task Farce integriry and Leadership (www.cttli.org). All ourrent and new tssk forcx members ere required to comptett this trainiag ona during t1ro lifo of the award, or ona overy fow years if multipte awards inctude this ra{uirement. This uainiag addreases task fbra effextiveness as wcl[ as other key issues tacluding pcivaey and civil tibertiesldght,q task foret perfomance measw+ement, personnel selaction, and task force oversight and aocountability. Additional information is ava�able regarding this roquired training and acces� methads vie B)A's web site and the Center for Task Porce Inugrity md Leadersh(p (www.etfli.org). 33. 'It�e recipient may not expend or drawdown funds untii the required bulletproof vest certification related to matching E�nds and mendatory wear has been submitted by the reeipient and approved by tl�e Burceu of Justice Assistance through a anmt A�justment Notice (OA1�. 34. Recipient may not expcnd or drawdown funds uatil the Bureau of Justia Assistance, Office oflusticx Programs has � reviewed and approved !he Abstract poRion of the application and has issued a Graut A�justmeat Notice (GATlj infprmmg the reoipient of the epprovel. C%�+G.+/ ' _: __ _ ._ _ __ _ _. .. .__ . OJP FORM 4000l2 (REV. 4•88) -�"" `^ Uepartment of7ustia Office ofJustia progrems t j �� 8ureau of Justice Aasistance � 1 t� '4,:::,�'� t� s � �z_3.<�= AWARD CONTiNYJATIdN SHEET �rl'Ant AAOE 7 OF 7 � � i PRO7L'CT NUMBER 2012-D7-BX-I036 AWARD DA7E 08/1W2012 I _ _.__ ___ _ , i SPECIAL COND/T10NS 35. Recipient may not expend or dcawdown tLnds until the Bureau oTlusdce Assistance, Office of Justia Progcams hes i rece�ved end approved the signed Memorandum of Understanding (MOU) between the disparata judsdictions and has % issued a C,rent Adjustment NoKce (GAN) releastng this speclal coadttlon. i 36. Recipient may not expend or drewdown funds until the Burcau of Juspce Assistenee, Office of Justiee Programs has ' received documentetion demonstrating that the state or locat govern[ng bady review snd/or eommuniry notification requirema�ts have boen ma sad has issued a Orant A�justment Notice (OAN) rcleesing this spr.cial oondition. 37. With resp�a to this award, fede�al flmds may not be used to pay cash compcnsation (setery plus boauses) to any ' anployee of'the award recipient at e rate that exaeds ! lOYo of the ma�cimum snnu8l satary payabie to a member of ihe ; fbderal governmatt's Senior Executive Service (SES) at en agency with a Catified SES Per€orn�ence Appreisel System for that year. (M award recipient msy compensate an employee at a higher rau, provided the amourrt in excess of lhis compensalion limitstion is paid with non-foderal fimds.) '[his limitatioa on compensatian rates al[owable under this award may be waived on an nndividual basis at the dlscretion of the OJP ofRcial indicsted in the program announotmeat undtr which this award is made. O!P FORM 4WD12 (REV, 4•E8) ��� ��� 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 SUBJECT: 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. 1 � 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 Tairant 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 Yea�• 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 piace 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 D'u•ector 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 cuirent operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers 51 GR76 451891 035423000 5) GR76 441042 035423000 51 GR76 5(VARIOUS) 035423010 51 GR76 539120 035423020 51 GR76 539120 035423030 51 GR76 539120 035423040 5) GR76 539120 035423050 5) 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 14 461.00 FROM FundlAccount/Centers � ' • •' • 1 � 1:1 ', 1 111 11 CERTIFICATIONS: Submitted for City Manager's Office bv: Ori�inatin� Department Head: Additional Information Contact: Charles W. Daniels (6299) Jeffrey W. Halstead (4210) Aya Ealy (4239) ATTACHMENTS 1. 35JAG12REVISED A013 doc