HomeMy WebLinkAboutContract 45712 CONTRACT T T �.
Memorandum of Understanding
Between the City of Fort Worth, TX and the City of Bedford,TX
FY 2013 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 2013 Justice
Assistance Grant(JAG).
3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the
parties in order to facilitate effective implementation of the FY 2013 JAG, in compliance
with the DOJ Program requirements. Once awarded, grant funds in the amount of$12,125.00
shall provide for 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 2013 JAG Funds and agrees to
participate in a collaborative manner with the Subrecipient throughout the life of the
grant.
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2) After the FY 2013 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 2013 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 $12,125.00 from
available grant funds for approved services and expenses rendered in accordance with
the terms of this upon receipt of a proper and verified invoice with satisfactory
program accompanying documentation of services provided. The reimbursement
made to the Subrecipient shall not exceed actual costs incurred to provide the services
under this contract. Actual costs, both direct and indirect, must be reasonable and
allowable as those terms are defined and explained in the Office of Management and
Budget(OMB) Circulars A-122 and 1-110.
OFFICIAL RECORD
MOU between the City of Fort Worth,TX �� ,SECRETARY
and the City of Bedford,TX Page 1 of 6
F1( Wtllfffl� TX
B. Subrecipient:
1) Participate in a collaborative effort with the Recipient in the application,
administration, and implementation of the FY 2013 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 2013 JAG. Requirements to be met include those found in
(1) the Office of Management and Budget circulars, (2) the Office of Justice
Programs Financial Guidelines, (3) Exhibit A to this MOU, entitled "FY 2013 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 timely basis; and
make available at reasonable times and for reasonable periods records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of
Justice Assistance or their authorized representatives. The monthly reports are due to
the Recipient no later than the 15th calendar day of the following month. The
monthly performance reports must contain the following information:
a) A detailed list of all projects or activities for which FY 2013 JAG were
expended or obligated during the previous month, including—
(1) The name of project or activity;
(2) A description of project or activity; and
(3) An evaluation of the completion status of the project or activity.
4) Submit monthly Request for Reimbursement (RFR) forms and vendor report forms
with an original signature by an authorized representative to Sasha Kane, PSD-GCS
Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102 no
later than the 15t 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:
a. The amount of FY 2013 JAG funds that were expended to projects or
activities during the previous month; and
b. The amount of FY 2013 JAG funds that were obligated during the previous
month.
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
MOU between the City of Fort Worth,TX
and the City of Bedford,TX Page 2 of 6
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 written
agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are
considered concluded upon the closure of the audit covering the entire award period.
5. POINTS OF CONTACT
A.Recipient
The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392-
4243, email address: sasha.kane @fortworthtexas.gov. Monthly RFRs should be submitted,
in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX
76102,Attention: Sasha Kane.
Performance reports should be submitted by the Project Directors of the aforementioned FY
2013 Justice Assistance Grant programs in writing to Fort Worth Police Department, 350
West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane or by email to
sasha.kane @fortworthtexas.gov.
B. Subrecipient
The primary point of contact for Subrecipient is Kelli Agan, telephone number: (817) 952-
2403 email address: Kelli.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 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 2013 JAG.
MOU between the City of Fort Worth,TX
and the City of Bedford,TX Page 3 of 6
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 ballistic shields 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 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 must come from
funds currently available to that parry.
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.
10. TERM. This MOU will become effective on the date it is executed by both parties
("Effective Date") and remain in effect throughout the grant period (ending September 30,
2016). 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: For the City of Bedford:
Sasha Kane Beverly Griffith
Senior Contract Compliance Specialist 2000 Forest Ridge Drive
City of Fort Worth Police Department Bedford, TX 76021
350 West Belknap
Fort Worth, TX 76102
MOU between the City of Fort Worth,TX
and the City of Bedford,TX Page 4 of 6
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 2013 Justice
Assistance Grant to the Department of Justice, unless one of the parties earlier requests
termination or modification of the MOU, accompanied by 60 days' notice of such request.
[The remainder of this page was intentionally left blank.]
MOU between the City of Fort Worth,TX
and the City of Bedford,TX Page 5 of 6
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
CITY OF BEDFORD: CITY OF FORT WORTH:
Beverly GdAith Cha4s-W. Daniels
City Manager Assistant City Manager
Date: Date: A',. 27
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEGALITY: By: 114, tv. 1710.4
City of Bedford Jeffre y W. HMstead
Chief of Police
Printed Name:
Date:
Signature:
Date: APPROVED AS TO FORM AND
LEGALITY:
By:
Jessica San
FsVj
Assistant City omey
Date:
Contract Authorization:
M&C:
Date Approved: c5' LLL
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MOU between the City of Fort Worth,TX
and the City of Bedford,TX OFFICI � %PPRD
CITY SECREMY
Ft. MIURTHo TX
Exhibit A
FY 2013 JAG Budget Narrative
Bedford-$12,125
Budget Detail Worksheet
f �c
Position Description %on Pro'ect Total
No funding re quested in this category
Personnel Sub-Total $0
B. Erin e'Benefits
Position Descri tion Total
No funding requested in this category
Fringe Benefits Sub-Total: $0
r r
C Tavel _ ¢
s n
Purpose of Travel Location Item Com utation Cost
No funding requested in this category
Travel Sub-Total so—
Unit
t
Price/
Item Com utation/Descri tion Number Total
Ballistic Shield 11 each"Small"Ballistic Shield $450.00 $4,950
Ballistic Shield 3 each"Large"Ballistic Shield $2,391.66 $7,175
Sub-Total $12,125
Unit Price/ y
Item Computation/Description Number Total
No funding requested in this category
Sub-Total $0
Item Description %on Project Total
No funding requested in this category
Consultants &Contractors Sub-Total $0
H ,Other Costs " �� ,
Position Description %on Project Total
No funding requested in this category
Other Costs Sub-Total $0.00
City of Fort Worth
1 of 3
$ud et Summa
PBud et Category Amount
A. Personnel $0
B. Fringe $0
C. Travel $0
D. Equipment $0
E. Supplies $12,125
F. Consultants/Contracts $0
G. Other Costs $0.00
TOTAL PROJECT COSTS $12,125
Federal Request: $12,125
Non-Federal Amount: $0.00
City of Fort Worth
2 of 3
Bedford-$12,125
Budget Narrative
A. Personnel: No funds are requested in this category.
B. Fringe Benefits: No funds are requested in this category.
C. Travel:No funds are requested in this category.
D. Equipment:
Request funding for the purchase of eleven"Small"Ballistic Shield and three"Large"
Ballistic Shields. This equipment will be used by the Bedford Police Department's Patrol
Division to provide ballistic(bullet proof)protection during high risk incidents.
The"large"ballistic shields are hand-held and used to protect the entire body of officers.
The"small"ballistic shields are hand-held and used to protect the face/head of the officer. A
ballistic shield(also called tactical shield)is capable of defending the user from handguns,
shotguns and submachine guns.
E. Supplies:No funds are requested in this category.
F. Consultants/Contracts: No funds are requested in this category.
H. Other Costs: No funds are requested in this category.
City of Fort Worth
3 of 3
Exhibit 6
Award Document
CrrYSKMARY����o
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Department ofJustioe
Office of Justice Programs f
I PAGE I OF 8
s t Bureau of Justice Assistance Grant i
I _
1 I.RECIPIENT NAME AND ADDRESS(tncluding Zip Code) 4.AWARD NUMBER: 2013-DJ-BX-0364 a��
City of Fort Worth
350 W.Belknap Street 5.PROJECT PERIOD:FROM 10/01/2012 TO 0 913 0/2 0 1 6
Fort Worth,TX 76102.2004
BUDGET PERIOD:FROM 10101/2012 TO 09!3012016
16.AWARD DATE 08!23/2013 7.ACTION F
IA.GRANTEE IRS/VENDOR N0. a 8.SUPPLEMENT NUMBER Initial
756000528 00 I
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19,PREVIOUS AWARD AMOUNT so
3 PROJECT TITLE 1 10.AMOUNT OF THIS AWARD $541,082
FY 13 Justice Assistance Grant Collaboration with Fort Worth,Tarrant
County,Arlington,Bedrard,Haltom City,Hurst,and North Richland Hills f 11.TOTAL AWARD S541,092
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE
t ATTACHE()PAGE(S).
13 STATUTORY AUTHORITY FOR GRANT^ ry � '
This project is supported under FY13(B)A•JAG)42 USC 3750,et seq
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15,METHOD OF PAYMENT
GPRS
AGENCY APPROVAL _ GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Donnell Charles Daniels
I
Director Assistant City Manager
1
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1 17 SIGNATURE OF APPROVING OFFICIAL 19,SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
4;
AGENCY USE ONLY
20.ACCOUNTINO CLASSIFICATION CODES m 21. MDJUGT0637
FISCALYFUNDC BUD.A OFC, D1V.RE SUB. POMS AMOUNT
EAR ODE CT. G.
X B DJ 80 00 00 541082
OJP FORM 4000!2(REV.5.87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 400012(REV.4-88) .gy
RECEIVED NOV 12 2013 ��.
Department of Justice
Office of Justice Programs
AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE z OF 8
Grant
s
PROJECTNUMBER 2013-DJ-BX-0364 AWARD DATE 08/23/2013
G
SPECIAL CONDIT ONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office ofJustice Programs(OJP)Financial Guide;
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(ifrecipient 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 Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits ofStates,
Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or
other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and
any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current
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edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the
i enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the 1
express prior written approval ofOJP. 4
S. The recipient must promptly refer to the DOJ 010 any credible evidence that a principal,employee,agent,contractor,
subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims
Act;or 2)committed a criminal or civil violation oflaws pertaining to fraud,conflict of interest,bribery,gratuity,or
similar misconduct involving grant funds. This condition also applies to any subreeipients, Potential fraud,waste,
abuse,or misconduct should be reported to the 010 by-
f
mail:
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Office of the Inspector General
U.S.Department of Justice
Investigations Division
950 Pennsylvania Avenue,N.W:
Room 4706
I Washington,DC 20530
I e-mail:oig.hotline@usdoj.gov
hotline:(contact information in English and Spanish):(800)869-4499
or hotline fax:(202)616-9881
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Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any
contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its
subsidiaries,without the express prior written approval of OJP.
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7. The recipient agrees to comply with any additional requirements that may be imposed during the 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 4000/2(REV.4-88)
t Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE 3 OF e
Grant
PROJECTNUMBER 2013-D1-BX-0364 AWARD DATE 08!23/2013
SPECIAL CONDITIONS
8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire J
and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on s
the Office of Justice Programs web site at htip://www.ojp.gov/funding/sam.htm(Award condition:Registration with the [
System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This
special condition does not apply to an award 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 or operate in his or her name).
9. Pursuant to Executive Order 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 enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
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10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific,
limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses A
related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such
events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is
available at www,ojp.gov/funding/confoost.htm.
I I. The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available
at http://www.ojp.usdoj.gov/funding lojptrainingguidingprincip les.htm.
12, The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award,and those award funds have been,arc being,or are to be used,in whole or in part,for one or
more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly
notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or
change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding,
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from those
funds,or ofthe parents or legal guardians of such students.
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14. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer
network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in
subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any
other entity carrying out criminal investigations,prosecution,or adjudication activities.
15. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with `
BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic
desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks,including documentation related to any subawards made under this award. Further,the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents,
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's
! DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant
funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk
r grantee;or termination of an award(s).
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OJP FORM 4000/2(REV.4-88)
i
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance # CONTINUATIONSHEET PAGE a of s !
Grant
PROJECT NUMBER 2013-DJ•BJG0364 AWARD DATE 08/21/2013 -
SPECIAL CONDITIONS
16. The recipient agrees to comply with applicable requirements to report fast-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 ofaward funds. Such data will be submitted to the FFATA Subaward
Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability
and Transparency Act of 2006(FFATA),are pasted on the Office of Justice Programs web site at
http://www.ojp.gov/fbndinglffata.htfn(Award condition:Reporting Subawards and Executive Compensation),and are
incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to
an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
€ 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
1 program income eamed must be accounted for and used for the purposes of funds provided under this award,including
such use being consistent with the conditions of the award,the effective edition of the OJP Financial Guide and,as
applicable,either(1)28 C.F.R.Part 66 or(2)28 C.F.R Part 70 and 2 C.F.R.Part 215(OMB Circular A-110). Further,
the use ofprogram income must be reported on the quarterly Federal Financial Report,SF 425.
18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality ofan existing or proposed IT system.
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19. In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community,ON requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOJ's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global
Standards Package(GSP)and all constituent elements,where applicable,as described at:
http://www.it.ojp.gov/gsp_grantcondition.Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
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OJP FORM 4000/2(REV,4-88)
Department of Justice
Office of Justice Programs AWARD
i - < Bureau of Justice Assistance CONTINUATIONSHEET PAGE 5 OF s
Grant
PROJECT NUMBER 2013-DJ•Bk0364 AWARD DATE 08/23/2013 vi
SPECIAL CONDITIONS
20. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National
Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these
grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine ifany
of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is
determined that any ofthe following activities will be funded by the grant,the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a
subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special
condition must first be met. The activities covered by this special condition are:
j a. New construction;
b. Minor renovation or remodeling ofa property located in an environmentally or historically sensitive area,including
properties located 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 ofHistoric Places;
c. A renovation,lease,or any proposed use ofa building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d. Implementation ofa new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component ofa funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e. Implementation ofa program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure ofc[andestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment andlor an Environmental Impact Statement,as directed by BJA. The grantee further understands and
agrees to the requirements for implementation ofa Mitigation Plan,as detailed at
imttp://www.ojp,usdoj.gov/BJA/resource/nepa.htm],for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities:For any ofthe grantee's or its
subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request
from BJA,agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment
ofthat funded program or activity.
21. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing
account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond
the scope ofthe Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate
and expend the grant funds in the trust fund(including any interest earned)during the period ofthe grant.Grant funds
t (including any interest earned)not expended by the end ofthe grant period must be returned to the Bureau of Justice
t Assistance no later than 90 days after the end ofthe grant period,along with the final submission ofthe Federal
Financial Report(SF-425).
22. JAG funds may be used to purchase bulletproof vests for an agency,but may not be used as the 50%match for
1 purposes ofthe Bulletproof Vest Partnership(BVP)program.
23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased t
with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed i
certifications on file for any subreoipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body
armor purchases.This policy must be in place for at least all uniformed officers before any FY 2013 funding can be
used by the agency for vests.There are no requirements regarding the nature ofthe policy other than it being a
mandatory wear policy for all uniformed officers while on duty.
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OJP FORM 4000/2(REV.4-88)
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Department of Justice
Office of Justice Programs i AWARD
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Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 OF 8
{ Grant
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^PROJECT NUMBER 2013•DJ•BX-0764 AWARD DATE 08/23/2013
SPECIAL CONDITIONS
24. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make
or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with
applicable National Institute ofJustice ballistic or stab standards and are listed on the NIJ Compliant Body Armor
Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-
made.The latest NIJ standard information can be found here:http://www.nij.govl topics/technology/body-armor/safety-
initiative.htm. i
25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per the regulation. Should any violation of28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
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26. The recipient agrees to ensure that the State Information Technology Paint of Contact receives written notification
1 regarding any information technology project funded by this grant during the obligation and expenditure period.This is
to facilitate communication among local and state governmental entities regarding various information technology S
projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file i
documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to €
htip://www.it.oj p,gov/default.aspx?area=policyAndProctice&page=1046.
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27. The grantee agrees to comply with the applicable requirements of28 C.F.R.Part 38,the Department ofJustice
regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal
Treatment Regulation provides in part that Department ofJustice grant awards ofdirect funding may not be used to i
fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct
grants may still engage in inherently religious activities,but such activities must be separate in time or place from the
Department ofJustice funded program,and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department ofJustice are not permitted to discriminate in the provision
ofservices on the basis of a beneficiary's religion, Notwithstanding any other special condition of this award,faith-
based organizations may,in some circumstances,consider religion as a basis for employment. See
http://www.ojp.gov/abouttocr/equal—fbo,htm.
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28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must
i conform to the grant program requirements as stated in 8JA program guidance, i
29. Grantee agrees to comply with the requirements of28 C.F.R.Part 46 and all Office ofJustice Programs policies and
procedures regarding the protection ofhuman research subjects,including obtainment oflnstimtional Review Board
approval,if appropriate,and subject informed consent. y
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30. Grantee agrees to comply with all confidentiality requirements of42 U.S.C.section 37898 and 28 C.F.R.Part 22 that
are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition ofgrant
approval,to submit a Privacy Certificate that is in accord with requirements of28 C.F,R,Part 22 and,in particular,
section 22.23.
31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions ofthis
award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring ofspecific
outcomes and benefits attributable to use ofJAG funds by subrecipients.The recipient agrees to submit,upon request,
documentation of its policies and procedures for monitoring of subawards under this award.
ON FORM 400012(KRV.4.88)
Department of Justice s
Office of Justice Programs AWARD
I Bureau of Justice Assistance CONTINUATIONSHEET PAGE 7 OF s
Grant
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4
i y PROJECT NUMBER 2013-DI-BX-0364 n 4d AWARD DATE OW3/2013�Y�y a p
SPECIAL CONDITIONS
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32. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be
used to increase the amounts ofsuch funds that would,in the absence of Federal funds,be made available for law
enforcement activities.
33. Award recipients must submit quarterly a Federal Financial Report(SF425)and annual performance reports through
GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed i
information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation,
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34. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized I
Representative contact information in GMS,including telephone number and e-mail address. if any information is
incorrect or has changed,a Grant Adjustment Notice(CAN)must be,submitted via the Grants Management System i
(GMS)to document changes.
35. The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force
I funded with these funds who is a task farce commander,agency executive,task force officer,or other task force
member ofequivalent rank,will complete required online(intemet-based)task force training.Additionally,all future
task force members are required to complete this training once during the life of this award,or once every four years if
multiple awards include this requirement,The training is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership(www.ctfli.org),This training addresses task force effectiveness as well as other key
issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task
force oversight and accountability.When BJA funding supports a task force,a task force personnel roster should be
! compiled and maintained,along with course completion certificates,by the grant recipient.Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force i
Integrity and Leadership(www.ctfli.org).
36. No JAG funds may be expended on unmanned aircraft,unmanned aircraft systems,or aerial vehicles(US,UAS,or I
UAV)unless the BJA Director certifies that extraordinary and exigent circumstances exist,making them essential to
the maintenance of public safety and good order.Additionally,any JAG funding approved for this purpose would be
subject to additional reporting,which would be stipulated by BJA post-award.
37. BJA strongly encourages the recipient submit annual(or more frequent)JAG success stories at
j JAG.Showcase&jp.usdcj.gov or via the online form athttps://www.bja,gov/contactus.aspx,JAG success stories should
include the:name and location of program/project;point of contact with phone and e-mail;amount ofJAG funding
i� received and in which fiscal year;and a brief summary describing the program/project and its impact.
38. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation
demonstrating that the state or local governing body review requirements have been met and a Grant Adjustment
Notice(GAN)has been approved releasing this special condition.
39. Recipient may not expend or drawdown funds until the Bureau of 3ustice 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.
6
ON FORM 400012(REV.4-88)
Department of Justice
Office 00ustice Programs AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PAGE 8 OF a
Grant
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PROJECTNUMBER 2013-DJ-BX-0364 AWARD DATE 08/2312013
SPECIAL CONDITIONS
40. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation
demonstrating that the recipient jurisdiction's public comment requirements have been met and a Grant Adjustment
Notice(CLAN)has been approved releasing this special condition.
41. 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 that exceeds 110%of the maximum annual salary payable to a member of the
federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance 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 award 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. 1
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OJP FORM 400012(REV.4.88)
APPROVAL RECOMMENDED:
By; W.
Jeffrey Halstead
Chief of Police
Date: 10.301/3
APPROVED AS TO FORM
AND LEGALITY:
JesJessica S svan
Assistant City Attorney
ATTES �� F0 t
By. �
Mary J. Kayse
City Secretary '
Contract Authorization:
M&C:
Date Approved:
FY 2013 JAG Award Document Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/15/2013 —Ordinance No.21004-2013
DATE: Tuesday, October 15,2013 REFERENCE NO.: C-26511
LOG NAME: 35JAG13
SUBJECT:
Conduct a Public Hearing,Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year
2013 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 Not to Exceed
$541,082.00,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 2013 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 not to
exceed$541,082.00;
3. Authorize the execution of a grant Agreement with the United States
Department of Justice and related 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$551,082.00,
subject to receipt of the grant.
DISCUSSION:
The Fiscal Year 2013 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 2005-2012 Justice Assistance Grant(JAG)Formula and
Recovery Act JAG Programs. Following the announcement of the Fiscal
Year 2013 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 2013 JAG Formula Program.
A total in the amount of$541,082.00 is available to be shared among the
jurisdictions listed below and will be distributed in the following manner:
URISDICTIONS URPOSEAREA AMOUNT
City of Fort Worth IPolice Equipment $278,925.00
arrant County dult Drug Court and Mental Health Liaison $ 86,574.00
lin ton Police Equipment $130,379.00
edford Police Equipment $ 12,125.00
Haltom City Police Equipment $9,169.00
Hurst Police Equipment $ 11,381.00
North Richland Hills olice Equipment $ 12,529.00
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 is requesting to use the amount of$278,925.00 in
JAG funding for general law enforcement equipment and surveillance
equipment. The Fort Worth Police Department will utilize the amount of
$25,586.00 in JAG funds for night vision scopes for officers within the
Criminal Tracking Unit. The night vision scopes will assist in the
apprehension of the criminal element during nighttime hours. The use of
the.equipment allows officers to conduct surveillance of the individual in
extreme low light environments. Additionally,the Fort Worth Police
Department has a critical need to replace aging electronic control devices.
Currently, the Department has 624 electronic control devices that need to
be replaced over the next three years. JAG funds in the amount of
$253,339.00 will allow the Department to replace 168 devices.
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 ENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
5) GR76 451891 035423675000 $541,082.00
45) GR76 441042 035423675000 $10.000.00
5) GR76 5(VARIOUS) 035423675010 $278.925.00
5) GR76 539120 035423675020 $86,574.00
5) GR76 539120 035423675030 $130,379.00
5) GR76 539120 035423675040 $12.125.00
5) GR76 539120 035423675050 $9A69.00
5) GR76 539120 035423675060 $11,381.00
5) GR76 539120 035423675070 $12,529.00
45) GR76 5(VARIOUS) 035423675080 $M000.00
CERTIFICATIONS:
Submitted for City Manager's Office bj: Charles W.Daniels (6299)
Originating Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
1. 35JAG13 A014.doc