HomeMy WebLinkAboutContract 44571 (2)� ���5�
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Memorandum of Understanding
Between the City of Fort Worth, TX and Tarrant County, 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 Tarrant County, 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 $89,849.00
shall provide for the Adult Drug Court and Mental Health Law Liaison Program for the
Tarrant County 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 — Progam 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 $89,849.00 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 reimbmsement
made to the Subrecipient shall not exceed actual costs incm7ed to provide the services
under this contract. Actual costs, both direct and indirect, must be reasonable and
allowable as those terms are defined and explained in the Office of Management and
Budget (OMB) Circulars A-122 and 1-110.
MOU between the City of Fort Worth, TX
and Tarrant County, TX
AFFICIAL REC�R�
�;�'�"�( $����'r���l� Page 1 of 6
! �`��C ���� �'�.611�`1 '10i5
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 Ofiice of Management and Budget circulars, (2) the Office of Justice
Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2012 JAG
Budget Narrative", which is incorporated by reference as part of this MOU, and (4)
`Bxhibit B" to the MOU, entitled "Award 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
make 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 number of jobs
retained by the project or activity.
2) Detailed information on any subcontracts or subgrants awarded by the
recipient to include data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
allowing aggregated reporting on awards below $25,000 or to individuals, as
prescribed by the Director of the Of�ce 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 Sr�' 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 Tarrant County, 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 �or 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.
5. POINTS OF CONTACT
A. Recipient
The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392-
4243, email address: sasha.lcane@fortworthtexas.gov. Monthly RFRs should be submitted,
in writing, to the Fort Worth Police Department, 350 West Bellcnap Street, Fort Worth, TX
76102, Attention: Sasha Kane or by email to sashalcane@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 Bellcnap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to
sashalcane@fortworthtexas. gov.
B. Subrecipient
MOD Uetween the City of Fort Worth, TX
and Tarrant County, TX Page 3 of 6
The primary point of contact for Subrecipient is G.K. Maenius, Tarrant County
Administrator, telephone number: (817) 884-1734, mailing address: 100 East Weatherford
St., Fort Worth, Texas 76196-0609.
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. Depai-tment of Justice, FY 2012 JAG.
7. IMMUNITY. The Parties and their respective governing bodies do not waive their
sovereign immunity by entering into this MOU, and each fully retains all immunities and
defenses provided by law or otherwise with respect to any action based on or occurring as a
result of this MOU.
8. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work
together to secure grant funding for mobile video recording 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
officer, agent, servant or employee of Subrecipient. Lilcewise, Subrecipient shall operate
hereunder as an independent contractor and not as an officer, agent, servant or employee of
the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of
Respondeat Superior for the acts and omissions of the officers, members, agents, servants,
employees, or officers of the other.
9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws
or regulations or with the directives of the City of Fort Worth or Ta17 ant County. The
provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or
other part of this MOU shall be determined to be invalid by a court or federal or state agency,
board or commission having jurisdiction over the subject matter thereof, such invalidity shall
not affect other provisions which can be given effect without the invalid provision.
Any monies expended by a party under or in connection with this MOU must come from
funds currently available to that party.
Recipient or its representatives shall have the right to investigate, examine and audit at any
time any and all necessary boolcs, papers, documents, records and personnel that pertain to
this contract or any related subcontracts.
MOU between the City of Fort Worth, TX
and Tarrant County, 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 Tarrant County:
B. Glen Whitley, County Judge
100 E. Weatherford Street
Fort Worth, TX 76196
12. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the
grant period or (2) the submission of the final report regarding the FY 2012 Justice
Assistance Grant to the Department of Justice, unless one of the parties earlier requests
termination or modification of the MOU, accompanied by 60 days' notice of such request.
[The remainder of this page was intentionally left blank.]
MOU between the City of Fort Worth, TX
and Tai•rant County, TX Page 5 of 6
�/
,!
ACCEPTED AND AGREED:
TARRANT COUNTY:
By: �
B. Ulen Whitley
Tarrant County Judge
Date: 31 � 21 �3
�
APPROVED AS TO FORM
Tarrant County
Printe
Signal
Date:
MOU between the City of Fort Worth, TX
and Tarrant County, TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Charl . Daniels
Assistant City Manager
Date: 46 . //. /3
APPROVAL RECOMMENDED:
By: w. �
Jeffrey . Halstead
Chief of Police
Date: (p � y1.3
APPROVED AS TO FORM AND
LEGALITY:
By;
Jessica Sar g van
Assistant City Attorney
Date: � " �L � �
Contract Authorization:
M&c: C,� 2 5� Z�s
Date Approved: '�� ( � �9 � ` ��
ATTEST:
/
By: ! � ��%�'
Mary J. Kayser
City Secretary �
`�
OFFICIAL RECOFt�
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Exhibii A
Tarrant County- $89,849
Badget Detail Worksheet
A. Personnel � ` r
m �: _ .� �_ � . ,
PosItion Descri tion % on Pro'ect Total
Case Manager Responsible for monitoring the progress
of participants assigned to the adult dntg 100 �26,560
court $1,660/bi-weekly x 16 payments
ei t months
Personnel Sub-Total $26,560
C: Trave! '
w _ . ,,L,_..�
Pur ose of Travel Location Item Com utation Cost
Attend the Texas TBD Registratian 1 attendee $650
Aduit Drug Court Hotel 4 days x$100 night $400
Professional Transportation $700 air fare -�$35 shuttle $735
Conference
Travel Sub-Total $1 785
City of Fort Worth
G, i Contractor:Services
. ._
% on
Descri tion Pro'ect Total
Contract with Mental Funds will be used for Personnel and Operating
Health Mental expenses such as salary, staff travel, equipment,
Retardation of office supplies, staff training, and office lease to
Tarrant Caunt funds su ort the ersonnel and administration of the Law $44,924
Contractor Sub -Tota1 S44 924
City of Fort Worth
Tarrant County- $89,849
Budget Narrative
A. Personnel: $26,560
The Tarrant County Adult Drug Court (DIRECT) is requesting $26,560 in personnel cost for
eight months for a full-time Case Manager. These funds will pay for an existing employee
currently funded by JAG.
B. Fringe Beae�ts: $16,580
Fringe benefits far this grant position are calculated at the same as regular Tarrant County
positions.
Retirernent = 12.31 % x 8/month salary
FICA = 7.65% x 8/manth salary
Health Insurance= $11,820
C. Travel: $1,785
Tarrant Caunty Adult Drug Court is requesting $1,785 for 1 drug court case manager to attend
the National Association of Drug Court 1'rofession Conference in 2013 for the first time since
employed. The cost is about $1,785 for registration, k�otel, and flight
D. Equipment: No funds are requested in this category.
E. Supplies: No funds are requested in this categozy.
F. Construction: No funds are requested in this category.
G. Consultants and Contractors: $44,924
City of Fort Worth
Under a contract with Mental Health Mental Retardation of Tarrant County funds will be used
for Personnel and Operating expenses such as salary, staff travel, equipment, office supplies,
staff training, and office lease to support the personnel and administration of the Law Liaison
program. (See Section G)
H. Otl�er Costs: No funds are requested in this category.
I. Indirect Costs: No funds are requested in this category.
City of Fort Worth
Exhibit B
Depardnent of Justice
;,,, Office of Justice Programs
� �� Bureau of Justice Assistance
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I, RECIPIENT NAME AND ADDRESS (lncludmg Zip Codc)
Ciry of Fon Wonh
350 West 9eiknap Saat
Fon Wonh, TX 76102•20Pt
__ _....
I tA. GRANTEE IRSNENpOR N0.
i 756000528
3, PROI8CTTITLE�
Tnrtant County FY 2012 JAG Projeet
Grant
PAGE 1 OF 7
4.AWARDNUMBER; 201LDJ-8X•1036
� ---____ _»---
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? S. PROJECT P�R10D; FROM ID/OV2011 TO 09l30/2015
E BUDGET PERfOD: FROM IO/OIfZ011 TO 09/30/2015
� --- .
; 6. AWARD DATB OS/16/2012 = 7. ACTION
c
;; e.SUPPLEMENT NUMBER �� laitiel
i 00
9. PREVtOUS AWARD AMOUNT
10. AMOUNT OF TH1S AWARD
I I. TOTAL AWARD
_- ---- — ----- -----
12. SPECIAL CONDITIONS �
THE ABQYE GRANT PROJECT IS APPROVED SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE A'iTACHED PAG&(S).
� _- _--•---
; 13. STATUTORY AUTNOR)TY FOR GRANT
"fhis praject is supported under FY 12(B1A - 7AQ) d2 USC 3730, et scq.
i
IS. METHOD OF PAYMENT
GPRS
� A(3ENCY APPROVAL �
I6. TYPED NAME ANLlT17[.E OF APPROVING OFFiC[Al.
Denise O'Donnell
Dircctor
_
SO
S 561,566
S 561,566
'� GRAN'fEE ACCBP7ANCE �
l8. TYPED P2AME AND T1TLE OF AUTHORI2ED ORANTEE pFF1CIAL
Chazles W. Daniels
Assistant City Menager
_ w. ,_ .__ _ _. —
17. SIGNATURE OF APPROVING OPFICIAL 19. StGNATURE OF AUTHORI2ED RECIPIENT OFFIC[AL E 19A, Dh'f�
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__ _.,.,.. �_.._ _...._ _...-,e,......�... -�_.�-..�� . ,.,,, � . , _. �_, ._. ......
AGENCY USE ONLY
20. ACCOLfNTfNG CLASSIFICA710N CODES 21. LDJUGT1300
FISCAL FUND BUD. DIV.
YEAR CODE ACT, OFC, REG. SUB. POMS AMOUNT
X U D1 80 00 tl0 561566
O)P FORM 400012 {REV, 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000l2 (REV. 4•$8)
? ' � Department of Justice
Office of Justice Programs
� � Sureau of Jestice Assistance
�
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AWARD CONTINUATIQN
SHEET PAGE 2 OF 7
Gr�nt
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PROJECTNUMBER 2012-DJ-BX-1036 AWARDDATE
08/16/2012
SP�C/RL CONDl7'lON5
l. 7'he recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. 'Che recipient acknowledges that faitu�e to submit an acceptable Equal Empioyment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42,302), that is approved by the Office for Civil Rights, is a
violation of its Ccni6od Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliancs.
3. The recipient agrees to compty with the organizational audit requirements of OMB Circular A•133, Audits oPStates,
Local Governments, and Non-Profit Organizations, and funher understands and agrees that funds may be withheld, or
other related requiremenu may be imposed, if outstanding audit issues (if any) &om OMB Circular A• 133 audits (and
any other audits of OJP grant funds) sre not satisfactorily and promptly addressed, as further described in the current
edition of the O1P Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either direclly or indirectly, in support of the
enactment, repeal, modifiication 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 credible evidence that a principat, emptoyee, agent, contractor,
subgranteo, subcontractor, or other person has either 1) submitted a false claim for grant funds under the Fatse Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratvity, or
similar misconduct involving grant funds, This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OtG by -
mail:
Office of the [nspector General
U.S. DepartmentofJustice
]nvestigations Division
950 Pennsylvania Avenue, N. W.
' Room 4706
Washington, pC 20530
e-mail: oig.hotlineQusdoj.gov
hotline: (contact information in English and Spanisb): (800) 869-4q99
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OI(3 website at www.usdoj.gov/oig.
6 Recipient understands and agrees that it cannot use any federal Ponds, either directty or indirectly, in suppoR of any
contraet or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiarics, without the express prior written approval of OJP.
7. 'fhe recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period ifthe agency determines that the recipient is a high-risk grantee. Cf. 28 C.fi.R. parts 66, 70.
OJP FORM 4000/2 (RGV.4-88)
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PAO)EC'f NUMRER
L7epartment of Justice
Office of lustice Arograms
Bureau of Justice Assistance
20t2-D1-9X-1036
AWARD CONTINUATION
SFIE�T
Grant
AWARD DATE 08JI612012
SPECIAL COND/TIDNS
PAGE 3 OF 7
8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and
applicable restrictions on subawards to first-tier sub�ecipients that do not acquire and provide a Data Universal
Numbering System (DUNS) number. The details oi'recipient obligations are posted on the Otiice ofJustice Programs
web site at http:/Jwww.ojp.gov/ftmdinglccr,htm (Award condition: Central Convactor Registration and Universal
ldentifier ftequirements), and are incorporated by reference here. This special wndition does not apply to an award to
an individual who received the award as a nahtral person (i.e., unretnted 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 135t3, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub �ecipients to adopt and enforce policies
banning employees from text messaging while driving any vehicla during the course of performing work fi�nded by this
grant, and to establish workptace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
l0. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limiis, prior approval and reporting requirements, whore appticabte) �oveming the use of Pederal funds for expenses
related to conferences, meetings, trainings, and other evcnts, including the provision of food and/or beverages at such
cvents, and costs of attendance at such events, lnformation on pertinent laws, regutations, polieies, and guidance is
available at www.ojp,gov/ftmding/confcost.htm.
l l. The recipient understands and agrees t�at any training or training materinls developed or delivered with funding
provided under this awnrd miut adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at http:l/www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.hun.
12. The recipient agrees that if it currently has an open award of federal fi�nds or if it receives an award of }'ederal funds
other than this OJP award, nnd ihose award funds have been, are being, or are to be used, in whole or in pari, for one or
more of the identical cost items 1br which Rinds are being provided undar this OJP award, the recipient wiU promptly
notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget-modification or
change-of-project-scope grant adjustment nodce {GAN) to eliminate any ineppropriate duplication of funding.
13. The recipient agrees to comply wiih applicable requirements to report first-tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first-tier subrecipients of award funds. Such data wi1) be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obtigations, which derive from the Federal Funding Accountabitity
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http:/lwvvw,ojp.gov/fundinglffata.htm (Award condition: Reporting Subawards and Gxecutive Compensation), and are
inwspo�ated by reference here. This condition, and its reponing requirement does not apply to grant awards made ta
un individual who received the award as a natural person (i.e., unrelated io any business or non-proftt organization that
lie or she may own operate in his or her name).
14. 'fhe recipient agrees that alt income genereted as a direct result of this award shalt be deemed program income. Alt
program 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
applicAble, either (1) 28 C,F.R. Part bb or (2) 28 C.F,R Part 70 and 2 C.F.R. Part 215 (OMD Circular A-110). Further,
the use of program income must be reported on the quarterly Federnl FinanCial Report, SF 425.
i
,
OlP FORM 4000l2 (REV.4•88)
_ _.. —.
� `��r,„ Departrnent of Justice �
Oti'ice ofdustice Programs AWARD CONTINUATIOIY
��, � Bureau of Justice Assistance SHEET PAGE a oe �
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, � Grant
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PROIECTNUMBER 2012•Dl-BX•1076 AWARDDATE 08/16l2012
SPECIAL COND/TlONS
, l5. The grantce agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Presecvation Act, and other retated federal environmental impact analyses reqairements in the use of these
grant fbnds, either directly by the grantee or by a subgrsntee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these putposes. if it is
( deterrnined that any of thc following activities will be funded by the grany the grantee agcees to contact BJA.
'i The grantee understands that this specia! condition applies to its following new activiHes whether or not they are being
� specifically funded wilh these grant funds. Thni is, as long as the activity is being conducted by the grantee, a
subgrantee, or any ihird party and U�e activity needs to be undertaken in order to use these grant funds, this speciel
condidon must first be met. The activities covered by this special condidon are:
a. New consauction;
b. Minor renovetion or remodeting of a property located 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 for listing on the National Register of Histpric Places;
c. A renovation, lease, or any proposed use of a buitding or faciliry that will either (a) resutt in a change in its basie
� prior use or (b) signifieandy change its size;
d. Implementation of a new program involving the use of chemicals other than chemicats that are (a) pwchased as an
� incidental component of a funded activity and (b� tradidonally used, t'or example, in offioe, housohold, recrcational, or
edncation environments; and
e. Implementation of a program relating to ciandestine methamphetamine fnboratory operations, including the
identi�eation, seizure, or clasure of clandestine rnethamphetamine laboratories.
The grAntee understands and agrces that complying with NBPA may require the preparation of an Environmental
Assessment and/or a�� Environmental Impact Statement, as directed by �JA. The grantee further understands and
agreos to the requirements for implementation of a Mitigation Ptan, as detailed at
http://www.ojp.usdoj.gov/BJAlresource/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Speeial Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrsu�tees' existing progrems or activities that will be ftandad by these grant funds, the grantee, upon specific request
from BIA, agrees to cooperate with BJA in any preperation by I3JA of a national or program environmental assessment
of that Rmdcd program or activity,
16. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement infoRnation
sharing systems which involve interstate connectivity between jurisdietions, such systems she11 employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectiviry, unless the grantcc can
demonstrate to the satisfaction of BJA that this requuement would noi be cost effbctive or would impair the
funetionality of an existing or proposed IT system,
l7. In order to promote information sharing and enable interoperabitity among disparate systems across the justice and
public safery community, O!P requires the grantee to comply with D4J's Globa) Justice fnformation Sharing Initiative
(DOJ's Global) guidelines and recommendations for this particular grant, Graniee shalt conform to the Global
Standards Package (GSP) and all consiituent elements, where applicable, as described at:
http://www.it.ojp.govlgsp�rac►tcondition. Grantee shall document planned approaches to information sharing and
� describe compliance to the GSP and appropnate privacy policy that protects shazed infotmation, or provide detailed
justiBcation for why an alternative approach is recommcnded.
1 I
OIP FORM 4000/2 (REV. 4•88)
Deparhnent ofJustice
Office ofJustice Programs
` � Bureau of Justice Assistance
� ��
PROJCCTNUMBER 201?-DJ•BX•I036 �
AWARD CONTINUATION
SHEET
Grant
AWARD DATE OB/t612012
SPEClAL CONDlTIDNS
�
��P
18. The recipient is requircd to establish a trust fund account. ('i'�o wst fund may or may not be an intemst-bearing
account.) The ftmd, including any interest, may not be used to pay debts or expenses incurred by oiher activities beyond
the scope of the Edward Byrne Memorial Justice Assistance C,rant Program (JAG}, The recipient also agrees to obligate
and expend the grant flmds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including acty interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days After the end oi'the grant period, along with the fina! submission ofthe Federal
Financial Report (SF-425).
19. 1AG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for
purposes of the Bulletproof Vest Partnership (BVP) program.
20. The recipient agrees to submit a signed certification that that ali luw enforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in effect. Fiscat agents and state agencies must keep signed
certiflcetions on file for any subrecipients pfanning to utilize JAG funds for bulletproof vest purchases. This policy
must be in place for at least ail uniformed off`icers before any FY 2012 JAG funding can be used by the agency for
bulletproof vesu. There are no requiremenu regarding the nature of the policy other than it being a mandatory �vear
policy for a(1 uniformed officcrs whilc on duty.
21. Bulletproof vests purchased with JAG funds may be pu�chased at any threat levet, make or model, from any distributor
or manufacturer, as long as the vesis have been tested and found to comply with applicable Nasional Institute of Justice
ballistic or stab standards. In addition, bulletproofvests purchased with JAG funds must be AmeriCan-made. The latest
N1J standazd information can be found here: http://www.nij.govRopicsltechnology/body-armor/safety-initiative.htrn.
22. 7'he recipient agrees that any inforrnation teehnology system funded or supported by OJP fimds will comply with 28
C.F.R, Part 23, Criminal Intelligence Systems Operating Policies, iPOJP determines this regulation to be applicablo.
Should OJP detennine 28 C.P.R. Part 23 to be applicable, O!P may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C,F.R. Pari 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fino with federal funds.
23, 'fhe recipient agrees to ensure that the SWie Information Technology Point of Contact receives written notification
regazding any information technology project funded by this grant during the obligation end expenditure period. This is
to facilitate communication among local end state govemmental entities regarding various informntion technology
projects being condueted with these grant fiinds. In eddition, the recipient agrees to maintain an administrativo fiic
documenting the meeting of this requirement. For a list of State Info�xnation'fechnology Points of Contact, go to
http://www. it.ojp.gov/dcfautt.aspx?area�olicyAndPract ice&pagc=1046.
24. The grantee agrees to compiy with the appiicable requirements of 28 C.F.R. Part 38, the bepartment oFJustice
regulation goveming "Bqual Treatment for Faith $ased Organizations" (the "Equal Treatment Regulation"). The Equal
Treaanent Regulation provides in part that Department of JusNce grant awards of direct fGnding may not be used to
fund any inherentty retigious activities, such as worship, religious instruction, or proselytization. Recipienis of direct
grants may still engage in inherenUy religious activities, but such activities must be separate in time or place from ihe
Departrrtent pf Justice funded program, and p�rticipation in such activities by individuals receiving services from ihe
grantee or a sub-grantee must be volunttvy. The Equal Treatment Regulation also makes eJear that orgenizations
participating in programs direcdy funded by the Deparpnent of Justice are not permitted to discriminate in the provision
ofservices on the basis of a beneficiary's religion. Notwiihstanding any other special condition ofthis award, faith-
based organizations may, in some circumstances, cansider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
25, 'The 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 B3A progrem guidance.
PAGE 5 OF 7
OJP FORM 40Q0/2 (REV, 4•88)
- -- _.. . :.,^------
`� Department of Justia
�� ,, OfficeofJustice Programs AWARD COPITINUAT14N
' F' ' Bureau of Justice Assistance ` SHEET
t.
�""�'�� Grant
, ;
„ �_�.:� .
s
� �
�
��_�_ _ �,. � h= �_ —
PRO)ECTNUMBER 2022•DJ•BX•1036 AWARADATB OS/!6/2012
SPEClAL CONDlT10N5
PAG� 6 OF 7
26. Grantee agrees to com�ly with the requiroments of 28 C.F.R. Part 46 and all Ofticc of Justice Programs pol'scies and
procedures regarding thc protection of human research subjects, including obtainment of institutional Review Board
approval, if appropriate, and subject informed cansent,
27. Grantee agrees to eompiy with a11 confidentia(iry requirements of 42 U.S.C, section 3789g and 28 C.F.R. ?art 22 that
are applicable to collection, ase, nnd revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privaey Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular,
section 22.23.
28. The recipient agrees that funds received under this award will not be osed to supptant State or tocaJ funds, but will be
used to increase lhe amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
29. Award recipients must submit quarterty a Federal Financia! Report (SF-425) and annual performance repores through
GMS (https:llgrants.ojp.usdoj,gov). Consistent with the Depanment's responsibilities under the Governmeni
Performance and Resutts Act (GPRA), P,L. 103-62, applicnnts who receive funding under this soticitetion must
provide data ihat measure the results of their work. Therefore, quarteriy performance metrics reports must be submitted
through BJA's PerfoRnance Measurement'foo! (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JA� requirements, refer to the JAG reponing requirements webpege. Failure to
submit required JAO reports by established deadlines may result in the freezing of grant fLnds and ft�ture High Risk
designation.
30. 'C`he recipient agrees to monitor subawards under this JAG awnrd in accordance with alt applicable statutes, regufutions,
OMB circulars, and guidelines, inciuding the pJP Financial Guide, and to uiclude the applicable eonditions ofthis
nward in any subaward. The recipient is responsible for oversight of subreeipient spending and monitoring of specific
outcomes and benefits atMbutable to use of JAG funds by subrecipienu. 'fiie recipient agrees to submit, upon request,
documentation of its policios and procedures for monitoring of subawards under this award.
31. Award recipients must verify Point of Contact(PpC), Financial Point of Contact (FPOC), and Authorized
Representative contact informatipn in GMS, includin$ telephone number and e-mail address, If any information is
incorrect or has Changed, a Grant Adjustment Notice (GAN) must be submitted via the Granu Management System
(GMS) to document changes.
32. The grantee agrees that within 120 days oFaward acceptance, each member of a law enforcement task force funded
with these fLnds who is a task foree eommander, agency executive, task force officer, or oUier task force member of
equivalent rank, will complete requircd on2ine (intemct-based) task force training. The training is provided free of
charge online through BJA's Centcr for Task Force tntegrity and Leadership (www.ctfli.org). All 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
muttiple awards include this requirement. 'ttiis training addresses task force effectiveness as wcll as other key issues
including privacy and civil libertieslrights, task force performance messurement, personnel sefection, and task force
oversight and accountability. Additional information is availabte regarding this required training and access methods
via BJA's �veb site and the Center for Task Force Integrity and Leadership (www.ctFli.org).
33. The recipient may not expend or drawdown funds untit the required bulletproof vest ce»ification related to matching
ti�nds and mandatory wear has been submitted by the ncipient and approved by the Bureau of lustice Assistence
through a Grent Adjustment Notice (QAN).
34. Recipient may not expend or drawdown funds until ihe Bureau of Jusdce Assistance, Office of Justice Programs has
reviewed nnd approved the Abstract portion of the application pnd has issued a Grant Adjustrnent Notice {GAN)
informing the recipient of the approval.
OJP FORM 4000/2 (REV. 4-88)
•¢" DepaztinentofJustia
; � `
Office of fustice Programs
Bureau of Justice Assistance
� '��4,1.���
"�a .
. e _ ___._
i PRO1[CTNUM�ER 2012-DJ•BX•1036
AWARD CONTTNUATION
SHEET
Grant
— x
AWARD DA'i� 081i6/Z012
PAGE 7 Of 7
�
i
�
SPEGAL CONDITIONS
35. Recipient may not cxpend or drawdown funds until Qie Bureau oPJustice Assistance, Office of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has
issued a Grant Adjustmem Notiee (GAN) releasing this special condition.
36, Recipient may not expend or drawdown funds until ihe Bureau of Justia Assistance, Ofiice of Justice Programs has
received documentation demonstrating that the state or tocal 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, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate thet exceeds 110% of the maximum annual salary payable to u member oFthe
federal govemment's Senior Executive Service (SES) nt an agency with a Certified SES PerfoRnance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this awazd may be waived on an individual btacis at the
discretion of the OJP officia! indicated in the program announcement under which this award is made.
OJP FORM 400012 (REV, 4-88)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/2012 — Ordinance No. 20465-10-2012
DATE: 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 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 o'f 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 Yea�� 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program allows
local governments to support a broad range of activities to prevent crime and to improve the criminal justice
system. The City of Fort Worth, along with the` cities of Arlington, Bedford, Haltom City, Hurst and North
Richland Hills are required to negotiate with Tarrant County to develop a program budget and strategy. The
cities included in this Application have worked on collaborative projects for the past 20 years including
intelligence sharing, crime analysis, juvenile and adult drug treatment and the 2005-2011 Justice Assistance
Grant (JAG) Formula and Recovery Act JAG Programs. Following the announcement of the Fiscal Year
2012 JAG, representatives from the below listed agencies agreed that the City of Fort Worth should again
serve as the cognizant agency for the Fiscal Year 2012 JAG Formula Program.
A total in the amount of $561,566.00 is available to be shared among the jurisdictions listed below and will
be distributed in the following manner:
No matching funds are required. The City of Fort Worth was responsible for submitting the full grant
application and will, upon receipt of the grant funds, distribute funding to the other jurisdictions, as agreed
among the above entities.
The City of Fort Worth's funding will provide for an updated digital recording system. This system would
replace the current Communications Division's failing recording system which has been in place since 2003.
The current recording system has experienced several outages due to equipment failure that have caused loss
in both radio and telephone recordings that must be achieved and kept for a minimum of one year to meet the
standards of the records retention schedule and to supply both investigative and open records request
recordings of both radio and telephone transmissions. As the project scope of the radio system does not
include audio recording equipment for 9-1-1 telephone transmissions, the Communications Division is
requesting additional equipment and recording packages necessary to meet both quality measurement and
audio logging requirements. The digital audio recording system would allow for quality assessment, the
coaching package, screen recording and the analytics package.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
5) GR76 451891 035423000
5) GR76 441042 035423000
�,l GR76 5(VARIOUS) 035423010
51 GR76 539120 035423020
51 GR76 539120 035423030
51 GR76 539120 035423040
51 GR76 539120 035423050
�,) 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
FROM Fund/Account/Centers
� ' ii�i '' • 1 � 1:1
'� 1 111 11
GERTIFICATIONS:
Submitted for Citv Manager's Office b�
Ori�inatin� Denartment Head:
Additional Information Contact:
Charles W. Daniels (6299)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
ATTACHMENT5
1. 3SJAG12REVISED A013.doc