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HomeMy WebLinkAboutContract 46811 ,�aM P NN CITY AW C�aRAC�O. A(r I CD .� R / V 02 [1 a 0`8 Memorandum of Understanding Between the City of Fort Worth,TX and Tarrant County, TX lya ytd�� FY 2014 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 2014 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 2014 JAG, in compliance with the DOJ Program requirements. Once awarded, grant funds in the amount of $149,744.00 shall provide for the salary and fi•inge benefits for one full-time case manager in the Adult Drug Court program and for the law liaison program for 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 2014 JAG Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2) After the FY 2014 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 Unit (PSD- GU)will oversee the administration, procurement, and reporting of the Subrecipients' grant-funded activities. PSD-GU shall review and approve and/or request approval from DOJ for any written requests by Subrecipient to modify the terms of Exhibit A. t 4) The Recipient shall reimburse the Subrecipient an amount not to exceed $149,744.00 C. from available grant funds for approved services and expenses rendered in accordance with the terms of this MOU 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 k provide the services under this MOU. 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 2 CFR Chapter I, Chapter II, Part 200. r OFFICIAL RECORD MOU between the City of Port Worth,Tx CITY SECRETARY and Tarrant County,TX Page 1 of 6 FT. WORTH,TX l B. Subrecipient: 1) Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2014 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 2014 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 2014 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 15`h 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 2014 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 Traci Tomilli, PSD-GCS Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115 no later than the 15`h 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 2014 JAG funds that were expended to projects or activities during the previous month; and b. The amount of FY 2014 JAG funds that were obligated during the previous month. i i 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 s i i E MOU between the City of Fort Worth,TX and Tarrant County,TX Page 2 of 6 r attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. Failure to obtain pre-approval for deviations fi•om 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 Traci Tomilli, telephone number: (817) 392- 4236, email address: traci.tomilli@fortworthtexas.gov. Monthly RFRs should be submitted, in writing, to the Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Traci Tomilli or by email to traci.tomilli@fortwoi•thtexas.gov. Performance reports should be submitted by the Project Directors of the aforementioned FY 2014 Justice Assistance Grant programs in writing to Fort Worth Police Department, 505 West Felix Street, Fort Worth, TX 76115, Attention: Traci Tomilli or by email to Traci.tomilli@fortworthtexas.gov. B. Subrecipient The primary point of contact for Subrecipient is G.K. Maenius, Tarrant County I Administrator, telephone number: (817) 884-1734, mailing address: 100 East Weatherford St.,Fort Worth, Texas 76196-0609. i 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. t 6. ENTIRETY OF UNDERSTANDING. This MOU, including Exhibits A and B attached l hereto and any documents incorporated specifically herein by reference, contains the entire understanding between the parties as to the matters contained herein. Any prior or r E MOU between the City of Port Worth,TX and Tarrant County,TX Page 3 of 6 f I contemporaneous oral or written agreement or other documents are hereby declared null and void to the extent they may conflict with any provision of this MOU. 7. LMAIUNITY. 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 the Adult Drug Court and Mental Health Law Liaison Program 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 Tarrant 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 parry under or in connection with this MOU must come from funds currently available to that party. Subrecipient agrees that Recipient or its representatives shall, until the expiration of five (5) years after the grant period, have access to and the right to examine any directly pertinent books, documents, papers and have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Recipient shall give Subrecipient reasonable advance notice of intended audits. 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, 2017). 11. FUNDING. In the event no funds are awarded, Recipient will immediately notify Subrecipient of such occurrence and this MOU shall be terminated. 12. MODIFICATION AND AMENDMENT. No amendment, modification, or alteration of the terms of this MOU shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. MOU between the City of Fort Worth,TX and Tarrant County,TX Page 4 of 6 13. NOTICES. Notices required pursuant to the provisions of this MOU shall be conclusively determined to have been delivered when (1)hand-delivered to the other party, or(2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: For the City of Fort Worth: For Tarrant County: Traci Tomilli B. Glen Whitley, County Judge Grants Specialist 100 E. Weatherford Sheet City of Fort Worth Police Department Fort Worth, TX 76196 505 West Felix Street Fort Worth, TX 76115 14. 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 2014 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. 15. SIGNATURE AUTHORITY. The person signing this MOU hereby warrants that he or she has the legal authority to execute this MOU on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this MOU. [The remainder of this page was intentionally left blank.] r I r I i i t i r MOU between the City of Fort Worth,TX I. and Tarrant County,TX Page 5 of 6 f I k ACCEPTED AND AGREED: ACCEPTED AND AGREED: TARRANT COUNTY: CITY OF FORT WORTH: By: I By: B. Glen Whitley Rudolph Jac n Tarrant County Judge Interim Assistant City Manager Date: 0� vl Date: t» - O 1 45 APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY: By: 069- Tarrant County Rhonda Robertson Chief of Police Printed Na �V10,d . /�ARPrs ' Date: Signature: ,�� r q111(1 i Date: !F U/L I oG �u�J APPROVED AS TO FORM AND U LEGALITY: By: �/eo��� Victoria D. Honey Assistant City Attorney Date: 4 i Contract Authorization: M&C: Date Approved: C c 201 ��.O R u E o O � O 0, `b 1 c? $, ry J. Kayser TE ity Secretary 6 OFFICIAL RECORD MOU between the City of Fort Worth,TX �� SECRETARY and Tarrant County,TX Page 6 of 6 FT. WORTH, TX Exhibit A Budget Narrative Tarrant County-$149,744.00 Budget Detail Worksheet A. ' ersonnel Position Description % on Project Total Case Manager Responsible for monitoring the progress of participants assigned to the adult drug court 100 $I3,942.50 $21.45/hr x 650 hours Personnel Sub-Total $13,942.50 B. Frin e Benef"its _. .. Position Description Total Case Manager Retirement= 12.31% $1,716.32 FICA - 7.65% $1,066.60 Health Insurance=$11,000/1040 hrs=$10.58/hr x 650 hrs $6,875.00 Fringe Benefits Sub-Total: $9,657.92 77777777 .G Travel _. .. Purpose of Travel Location Item Computation Cost No funding requested in this category Travel Sub-Total $0 WE quiprn6at Item Computation Cost No funding requested in this category Equipment Sub-Total $0 E Su . ltes;; Item Computation Cost No funding requested in this category Supplies Sub-Total $0 F. Consultants/Contracts .. .. %on Desch tion Project Total Contract with Mental Under a contract with Mental Health Mental Health Mental Retardation of Tarrant County funds will be used Retardation of for Personnel and Operating expenses such as 100% Tarrant County funds salary, benefits, travel,equipment, office supplies and staff training, to support the personnel and administration of the Law Liaison program. $125,00.00 Drug Testing $11.00/per test x 104 test 100% $1,143.58 Consultants/Contracts Sub - $126,143.58 Total City of Fort Worth 5of18 Y 1 G. Other Costs Position Description %on Project Total No funding requested in this category Other Costs Sub-Total Bud `et Sump a Budget Category Amount A. Personnel $13,942.50 B. Fringe $9,656.92 C. Travel $0 D. Nuipment. $0 E. Supplies $0 F. Consultants and Contractor Set-vices $126,143.58 0. Other Costs $0 TOTAL PROJECT COSTS $149,744.00 Federal Request: $149,744.00 Non-Federal Amount: $0.00 i 4 I I City of Fort Worth 6of18 t K Tarrant County-$149,744.00 Budget Narrative A. Personnel: $13,942.50 The Tarrant County Adult Drug Court(DIRECT) is requesting$13,942.50 in personnel cost for eight and a half months for a full-time Case Manager. These funds will pay for an existing l i employee currently funded by JAG. B. Fringe Benefits: $9,656.92 c Fringe benefits for this grant position are calculated at the same as regular Tarrant County E positions. i. C. Travel: No funds are requested in this category. D. Equipment: No funds are requested in this category. i E. Supplies: No funds are requested in this category. F. Consultants and Contractors: $126,143.58 Under a contract with Mental Health Mental Retardation of Tarrant County funds will be used l 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. Drug testing for the D.I.R.E.C.T completed by independent lab @$11.00 per test for 104 drug k n test=$1,143.58 G. Other Costs: No funds are requested in this category. r City of Fort Worth 7of18 r Exhibit B Award Document i I i I Cff Y SECK TAW .�;. comma No. Deparlinent of Justice Officc ofJusticc Progralrs BnJ•eRuofJustice Assis(RDce Grant PAGE I OF S J 1,R716N NAME AND ADDRESS(Including Lip Cadc) r6.AWAAI)DAT13 ARDNUMBER: 2014-DJ-U-0297 ` L1ry of Fon lVanh 750 N.Brl keep Street OJECT PERIOD:FROM IONI2UI3 TO 090012017 Fen Wonlr,l'X 76102-7.004 DGET PERIOD:FROM 10/01120)3 TO 09/10/1017 081062014 7,ACTION ]A.GRANTEE IRS/VENDOR NO. S.SUPPLEMENT NUMBrit 6+itinl 7S600052S 00 9.PRFiVIOUS AWARD AMOUNT S 0 3.PROJECT TITI.F 10.AMOUNTOF'1111S AWARD 5568,848 PY 14 JAC Program 11.TOTAL A W ARO S568.943 12.SPRCIAL COWTTIONS THE ABOVE GRANT'PROJECT 13 APPROVED SUBJF TTO SUCH CONDITIONS OR LIMn ATIONS AS ARE SRT FORTI(DN THE ATTACHED PAOB(S} 13.STATUTORY AUTHORTrY FOR GRANT This project is suppnrted r derFY 14(B1A-JAG)42 USC 1750,et seq. t I 15.&MTHOD OF PAYMENT OPRS l AGENCY APPROVAL ORAM'EQACCEPTANC6 16.TYPED NAh49 AND TITL.20F APPROVING OFFICIAL IA.TYPHD NAME-AND TITLE OF AUr1(0RIZCD GRANTEE OFFICIAL D-ise0'Dmnell Ch')n 6+.nerlels ❑tact« Anfaam Clry bfonee er i 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED REUPIFNT OFFIICCIIA1. 19A.DATE• AGENCY USE NL-V- 20.ACCOUNTINOCLASSIMCATIONCOUBS 21 NDfUGT0458 FISCALYFUNDC 9UO.A OPC. D1V.RE SIIB. POMS AMOUNT HAR ODE Cr. G. X B 01 50 09 00 561141 OJP FORM 4000h(RF.V.5-87)PREVIOUS EDITIONS ARI(OnSOLETR. OJP FORM 4000/2(REV.4-981 RECEIVED SEP 1 J 2014 RECEIVED SFP 16 2014 Department ofhrslicc Office of Justice Programs AWARD F INITAUM'JiisticeAssistancT CONTMATJONSHEET PAGE 2 OF s ti Grant PROrECr NUMBER 2014-M.RX-0297 AWARD DATE M0612014 .SYSCIA 1-COMMONS I. The recipient agrees to comply with the hnancial and administrative requirements set forth in the current edition of Uro Office of.luslice Programs(OJP)Financial Guide. l 2. The recipient acknowledges that failure to submit an acceptable Equal Employment OpportunityPhin(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 Certified Assurenecs and may result in suspension or termination of funding,until such lime as the recipient is in compliance. I 3. The recipient agrees to cnmply with the organizations]audit requirements of OMD Circular A-133,Audits ofStnles, t Local Oovernmeals,Bad Non-Prelil Orgoniza(ionc,and further understands end agrees that funds may bewilhhetd,or other related requirements may be imposed,if outstanding audit issues(ifany)frour M0 Circular A-133 audits(oad 4 any other audits of OJP grant funds)are not sntisfaclorily and promptly addressed,as furllte3 described in the current edition ofthe OJP Financial Guide. I d. Recipient understands and agrees hint it cannot use any federal funds,either direotly or indirectly,in support of the enactment,repeal,modification or adoption of arty late,regulation or policy, at any level ofgovernmont,without the express prior Written spprov21 o f OJp. I II I t 3. The recipient must promptly refer to[lie DOJ OiG Bay credible evidence that a principal,employee,agent,contractor, k subgrantee,subcontractor,or other person has either 1)submitted a false c]ahn for grant funds under the False Claims Act;or committed a criminal or civil violation ertainin to fraud,conflict of interest, � ) p g bribery,gratuity,or similar misconduct involving grant Ponds. This condition also applies to any subrecipianls. Potential fraud,waste, i abuse,or misconduct should be reported to the 0143 by- mail: Office of the Inspector General ' U.S.Depariment a rJustice j htvesligations Division 950 Pennsylvania Avenue,N.W. Room•1706 j Washington,DC 20530 i i I c-mail:oig.hotlinertusdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 i Addltiowl information is available from the DOJ OIG website at ww%Y.»sdoj.goY1ofg. 6. Recipient understands and agrees that i(cannot use any federal finds,either directly or indirectly,in support of any contract or subaward to either lite Association ol-Community Orgsuiznlions for Reform Now(ACORN)or its subsidiaries,without the express prior written opproval orOJP. i I 7. The recipient agrees to comply with Buy 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.P.R.pads 66,70. i k t f M FORM4000n(R6VA.S6) f Department of Justice Office of Justice Programs AWARD i Bureau of Justice Assistance CONMUATIONSIUET PAGE J or B Grant PROJUCTNUMBaIt 2014-Dr-BX-0291 AIVARO DATE OBIMC14 SPECIAL CONDITIONS g. The recipient agrees to comply with applicable requimments regarding registration with the System for Award Management(SAlvl)(or with it successor govern men[-wide system officially designated by OMB and 00). The recipient also agrees to comply with applicable reslricliont;on subawards to first-tiersubreripienes that do not acquire and provide a Data Universal Numbering System(DUNS)number.The deinilx of recipient obligations are posted on the Office ofJuslicel'rogranns web site at hop://w�i-%v.ojp.gov/finding/snm.h(m(Award condition:Registration with the System for Award ivlanagenrent and Universal identifier Requirements),and aro incorporated by roference here.Thin special condition does not apply io an nwurd to an individual who received the award as a natural person(i.e.,unrelated I. to any business or non-profil organization that fie or she may uwn or operala it]his or her name). 9. Pursuant to Executive Order 15513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51925(October I,2009),the Department encourages recipients and sub recipients to adopl and enforce policies banning employees from text messaging while driving any vehicle during the course of perforruing work Ponded by this grant,and to establish workplace safety policies and conduct education,awareness,and otheroutreach to decrease orashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable Imus,regulations,policies,and guidance(Including specific cost limits,prior approval and roporting requirements,where applicable)governing the use offederal funds for expenses relaled to conferences,meetings,frainings,and other events,including the provision of food and/or beverages at such events,and costs of alleMa nee at such events. information on pertinent laws,regulations,policies,and guidance is available in the OR Financial Guide Conference Coal Chapter. 11. 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 Subgranteos,available at hutp:/AvwAv ojp.usdoj.gov/funding/ojptraininggtnidisrgprinciples.h(m. i 12. The recipient agrees that ifit currently has au open award of federal Funds or if it receives an award ol'federal finals other than this OJP award,and those award funds have been,are bring,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 OR award,die recipient will promptly notify,in writing,the grant monnger for(his OIP award,and,ifso requested by O1P,seek a budget-modification or change-of-project-scope gran(adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 19. The recipient understands and agrees that award funds may net.be used to discriminate against or denigrate the religious or moral beliefs ofstudonis who participate In programs for which financial assistance is provided from these i Funds,or orthe parents or legal guardians of such students, 14. The recipient understands and agrees thut-(a)No award funds may be used to maintain or establish a computer network unless anch nehvork blocks the viewing,downloading,and exchanging ofpomograpby,and(b)Nothing in subsection(a)limits the use of frwds necessary for any Federal,Slate,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. The recipient agrees to coutply with DIP grant monitoring guidelines,protocols,and procedures,and to coupera(e with BJA and OCFO on all gran(monitoring requests,including requests related to desk reviews,enhanced programmatic dark reviews,end/or site visits, The recipient agrees to provide to BJA and OCFO nil documental ion necessary to complete monitoring tasks,including documen(ntion related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadliness set by BJA and OCFO for providing(he requested documents. Failure to coopernle with RJAVOCFOS grant moniloriurg activities may resul(in sanctions affecting the recipieat's DOJ awards,including,but not limited to:withholdings and/or other restrictions an rho recipient's access to grant finds;referral to the OITce of the inspector General for audit inview;designation of the incipient m a DOJ High Risk gmnu, fir lamination of an awerd(s). i GIP FORM 40042(REV.4-88) i i i Doparim oral o f Just ice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSF3 ET PAGE 4 or s Grant PROJRCTNUMBER 2014-DJ-BX-0297 AWARD DATE 081arir7.014 SPECIAL COND1770NS 16. The recipient agrees to comply with applicable requirements to report First-tier subawards of 525,000 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 sub reelpients of award finds. Such data will be submitted In the FrATA Subaward Reporting System(FSRS). The details of recilrient obligallons,which derive from the FoderaI Funding Accounlabilily and Transparency Act oF2GO6('TATA),are posted an the Office of Justice Programs web site at Tillp:/hvtvw.ojp.gov/fmiditrglrfala.htm(Award condition:Reporting Subawards and Fxecufive Compensation),and are incorporated by reference here. This condition,and its reporting requirctnenl,docs not apply to grant awards nude to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit orgRni72tion that lie orshe may own or operate in his other name). 17. The recipient agrees that all income generated as a direct result of Oris award shall be deemed program income. All program income earned 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(l)29 C.F.R.Part 66 or(2)28 CTR Pan 70 and 2 C.F.R.Part 215(OW Circular A-)10). Further, the use of program income must be reported on the quarterly Federal Financial Report,SF 425. Ig. To avoid duplicating existing networks or IT systems is any initiatives funded by BJA for law erdorcentent information sharing systems which involve interstate eonnectivltybet%vcwjurisdiatlons,such systems shrill employ,to the extent possible,existing networks as the commuuicallout backbone to addove interstate conneetivily,unless the granloe can demonstrate to the saliafsclion of BJA that this requirement would not bo cost effective ur would impair the f inclionalily ofan existing or proposed iT system. 19. in order(o prumole information sharing rind enable inleroperabilily among disparate systems across the justice and public saltily community,OJP requires the grantee to comply with DOA Global Justice information Sharing Initiative (L)01's Global)guideliucs and recommendations for this pnrticulargrant.Grantee shall conform to the Global i Standards Package(GSP)and all constituent elements,where applicable,as described at: blip:/Avrnv.it.ojp.govlgsp_granicondilion.Granlca shall document planned approaches to information shoring a ld i describe compliance to(Ito GSP and appropriate privacy policy[hot protects shared Information,or provide detailed juslification for why an altemalive approach is rocommetidad. 20. The recipient is required to establish a trust fund account.(The trust Pond may or may not be an intens(-bearing account.)The fund,including any interest,may not beused to pay debts or expenses incurred by other activities beyond the scope of tho bdwarel Byrne Memorial Justice Assistance Otani Program(JAG).The recipient also agrees to obligate the grant funds in the trust find(including any interest earned)during the period of the grant and expend widrin 90 days thereafter.A ny unobligated or unexpended Rinds,including inleresl earned,must be returned to the Office of Justice Programs al the time of closeout. j j g� F OJP FORM 4000!2(RGV.488) n LrC� Dcpadmcnt o f Jnslice Office of Justice Progiams AWARD t 3ui-eau of Justice Assistance CONTINUATIONSHFX-T PAGE s of s Grant PROJnCTNUMRRR 7014417-OX-0277 AWARD DATE USA16/2014 SPECIAL CONDMONS 21. The grantee agrces to assist BJA in complyiag with the National Enviromnental PolioyAct(NEPA),the National Historic Preservation P.ct,a ad olber related federal environmental impact analyses requirements in the use o f tlncsc grant funds,either directly by ilia graulee or by a subgranlec. Accordingly,(iie graulee agrees to first delennine if any of the following activities will be funded by The grant,prinr to obligating funds for any orthese purposes. f r it is determined that any of flit following activities will be funded by the grant,the grantee agrees to contact 13JA. The granlee underslands that this slimiol condition applies to its following new activities whether or not(bay are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,e subgrantee,or any third party alld Ane activity needs to be undertaken in order to use these grant funds,[his special condition must first be met. The activities covered by this special condition are: a. New construction; h. Minor renovation or remodeling of a property located In an environmentally or historically senshive arta,incfuding properties located within a 100-year flood plain,a wetland,or habitat for endangered spaoies,or a properly listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use ofa building or facility that will either(a)result in or change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an ! incideulal component ofa funded activity and(b)Iradilionalty used,for example,in office,household,rcereatiounl,or education environments;and e. rmplanentation ofa program relating to clandestine methamphetamine laboratory operations,Including the identification,seizure,or cfosnre ofctandestine,melhamphelaminc laboratories. The grantee understands and agrees that complying wish NEPA tnay require the preparation oran Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The grantee furlher understands and agrees to the requirements for implementation ofa Miligalion Plan,as detailed at http://www.ojp.usdGi.gov/BlAtresource/itepa.htmt,forprogramsrelating tomelhalnphe(nntinelaboratoryoperations. Application ofThis Special Condition to Gramcda Existing Programa or Activities:Fnr any of the grantee's or its subgranices'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request i from BJA,agrces to cooperate wi Ili BJA in any preparation by BJA ofa national or program environmental assessment of that ruxled program or activity. j 22. JAG Not:13 may be used to purchase vests for an agency,but they may not be used as ilia 50%match for purposes o f Iho Il Bultelproof Vast ParlocrWp(BVP)progrom. 23. TI a recipient agrees to submit a signed certification(hat that all law enforcement agencies receiving vosls purchased with JAG funds have a written"mandalory wear"policy in offecl.Piscal agents end slate agencies must keep signed certifications on rile for any subrecipients planning to utilize JAG funds for batltstic-resistant and slab-resistant body armor purchases.This policy must be in place for at least all unirormed o fflcers before any JAG funding can he used by the agency for hotly armor.There are no rcquiremeols regarding the nature of the policy olhor Own it being a mandalory weer policy for all uniformed o icem while on duty. 24. Ballistic-resistan(and slab-resistant body armor purchased with JAG finds may be purchased at any threat levet,make or model,from any distributor or mouufaclurer,as long its(lie vests have been fasted end found to comply with applicable National ir1sU[ule of Justice ballistic ov stab standards and aro listed on the MI Compliant Body Armor Model Gist(h(tpJ/nij.gcv).In addition,ball islic-resistant and stah-renistant body armor purchased must be American- [}I made The latest NiI standard information can be found here:1311p://vvlvw.nij.gov/lopic./tcehiiology/body-armor/snfo),/- i ini(ialive,hhn. t 66 O1P FORb14000/2(REV.4-98) i 1 Dcpadment ofJuslice Office of Justice Programs AWAW1 3itreau of Justice Assistance CON 1'7NUATIOJVSH✓L+T PACs 6 OF e Grant Fa PROMCTTl AMR 20 W-0J-IIX-0297 A\YARD DATE 0910¢/1014 SPL,CIA L CONDITIONS 25. The recipient agrees Iiim any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Pari 23,Criminal intelligence Systems OperolingPolicics,if OJP determines this regulation to be npplirabte. Should OJP determine M C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits o r the system,as per the regulation. Should any violation of 28 C-F.R..Part 23 occur,the recipient may he fined as per 42 U.S.C. 3789&( -(d). Recipient may not satisfy such a fine with federal funds. 26. The recipient agrees to ensure that the Slate information Technology Point orCun(act receives written notification regarding any information leehnology project funded by this gran(during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding varlaus in(brnmtion technology projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative filo documenting the meeting of this requirement.Fora list of Stalc infonnation Technology Points ofConleel,go to j hltpJAvww.i(.ojp.gov/defeu)Laspx?area—polleyA ndPracl ice&page=1046. i 27. Thegranteeagrees to comply wilh the applicable requirements of28 C.F.R.Part 38,the Depnmmnenl ofJuslice regulation governing"Equal Treatment forPolth Based Organizations"(the"Equal Treatment Regulation").7he Equal Treatment Regulallon provides in part that Department ofJuslice grant awards of direct funding may not he used(o i fund any inherently religious activities,such as worship,roliglous instruction,orproselytizalion.Recipients of direct grants may still engage in inherently religious activities,butsuch sclivilics must be separate in time or place from the Department oflustice funded program,and padicipalion in such activities by individuals receiving services rrom the grantee or a sub-grantee must be voluntary.The Egnal Treatment Regulation also makes clear that organlaations I I participating in programs directly funded by the Department of luslice are not pentitled to discriminate in the provision I ofsorvices on the basis of it beneficiary's religion. Notwilbslanding any other special condition ofthis award,faith- hued organizations may,in some circumstances,consider religion as a basis for employment. Sec 1 h ltp:/Avww.ojp.gwlabout/ocr/Nual__thc.htm. I k28. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform(o the grant program requirements as staled in BIA program guidance, 29. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office ofJustiec Programs policies and procedures regarding the proterlinn of(roman research subjects,including oblaiament of toslitutional Review Board approval,if appropriate,and Subject informed consent. I 30. Grantee agrees to comply with all conFiden(ialily requirements of421J.S.C,section 37898 and 28 G.F.R.Part 22 that arc applicable to collection,use,and rovelntimr ofdatacr infuriation.Grantee further agrees,as a condition ofgnnst approval,to submit a Privacy Certilicete that is in accord with requirements of 2g C.F.R.Part 22 and,in particular, section 22.23. 31. The recipient agrees to monitor subawards under this JAG award in accordaneewilh all applicable statutes,regulations, OMB ciroulars,and guidelines,including the OJP Financial Guide,and to include(lie applicable conditions ofthis award in any subawaid.The recipient is responsible for aversighl orsubiecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG fiords by subreclpients.The recipient agrees to submit,upon request, doeumenitu ion of its policies and procedures for monitoring of subawards under this Sword. }fftt 32. The recipient agroes that funds received under this award wilt not be used to supplant Statc or local funds,but will be. i used to increase the etnounts ofsueh funds Owl would,in the absence of Federal fumis,be rnaele avnilable for law enforeemenl act ivilics. i OJP POW 400012(RR V.4-99) I 9 i Department o rJusl ice Office ol'Juslice Programs A�YAT2D Bureau of Justine Assistance CONTINUATTONSHEET PAGE 7 or 8 Grant PROJECT NUMRFR 2014-Lu-OX-0297 AWARD DATE 08!06/2014 �^ SPEW L CONDITIONS 33. Award recipients muse submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(ht(ps://gran(s.ojp.usdaj.gov). Consistent with the Department's responsibilities under the Government Perfornmanea and Results Act(OPRA),P.L 103-62,applicants who receive fundi ug undcr this solicitation mus( providedala that measure the results of their work.Therefore,quarterly performance melrics reports must be submitted through BJA's Performance Moosucemeut Tool(PMT)website(wtvsv.bjaperformancelouls.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements wcbpage. Failure ro submit required JAG reports by eslablisbcd deadlines may result in the freezing ofgranl funds and future High Risk designation. 34. Award recipients must verify Point ofConlnet(POC),Finaucial Point ofConlac((FPOC),and Authorized Representative contact information in OMS,including telephone number and a-mail address. if any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Managemant System (GMS)to document changes. 35. The granlec agrees that within 120 days of award acceptance,cath current member of a law enforcement task force funded with these funds who is a[ask force commander,agency executive,task force officer,orolher task force member ofegnivalenl rank,will complete required online(inlet no[-based)(ask force training.Additionally,All fidure 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 requiremenL The training is pruvided free of chnrge online throughWA's Center for Task Force ln(egrilyand Leadership(www.c(11i.org).This training addresses task force offectivenoss as well as other key Lcsues including privacy and civil liberlieshights,task force performance measurement,personnel selection,and[risk force oversight and Accountability.When BJA funding supports a task force,a task lorco personnel roster should be compiled And maintained,along with course completion certificates,by the grant recipient,Additional information is availablee regarding this required training and access mothods via 131A's web site and[tie Center for Task Force iniogrity and Leadership(www.cl fli.org). 36. No JAG Hinds may be expanded on Ilse purchase of unmanned aircraft,umnanned aircrall systems or unmanned aerial C vehicles(UA/UAS/UAV),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making [hem essential to the maintenance of public safely sod good order.Any slate or local jurisdiction receiving BJA approval to utilize JAG fiends for this type of purchase must certify to DOJ that it received Federal Aviation Administration(FAA)approval to operate a UAiUAS/UAV and that it is legol to operate a iJA/UAS/UAV in the proposed Jurisdiction or geographic area. The recipient must submit a statomont on the goals and objectives for the use of a UAiUAS/UAV,the anticipated specifro uses,and policy regarding privacy considerations.BJA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly cmtcourages[bo recipient to submit annual(or ntoro frequent)JAG success stories.To submit a success story,sign in to your-My BJA account at h(Ips:/Iwwtv.bja.gov/i.ogin.aspx to access the Success Story Submission form. if you do not Jet have a My DIA Account,please register al Idq)s:i/w%m.bja,gov/profilc.aspx.Once you register,one of the available areas on your My BJA page will be'My Success Stories".Within this box,you will see An option to add a Success Story.Once reviewed and approved by BJA,all success stories will uppoar on the new DJA Success Story web Page at hllps:/Avw v,bja.gov/suecessstorytisi.aspx. 38. Recipient may not expend or drawdown Funds until the Bureau ofJustice Assistance(BIA)has received documentation demonstrating that the slate nr local governing body review and public continent requirements have been incl And n Grant Adjustment Notice(GAN)has been approved releasing this special condition. f P 39. The recipient!nay not expend or draw-duwn funds until the required body annoy r.ertilicalion related to mandatory wear has been submitted and approved by(lie Bureau ol'JustieeAssietnace(BJA)and n Gran(Adjustment Notice (GAN)has been approved releasing this special condition. OIP FORM QW12(REV.4.88) qua— f m i } i Department orhrstice Office of Justice programs AWARD Burenn of Justice Assistance CONTI NVATIONSHEET PAGE s or s Grant PR0JPCTN1-VBER - 2014-Df-BX-0297 AWARD DA9Ti OW00014 SPECIAL CONDITIONS 40. Recipient may not exptnd or drawdown funds until the Bureau of Jus4ce Assistance,Office of Justice Programs has rccaived and approved the signed Memorandum ofUnderslanding(MOU)bclween the disparatejurisdictions and has iasued A Grant Adjustment Notice(OAN)releasing[his special condition. 41. The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to lite grant manager for this OJP award either on"applicant disclosure of pending applications'for federal funding or a specific affirmative statement that no such ponding applications(whether direct or indirect)exist,in accordance tivilh the detailed instructions in the program solicitation,(2)OJP has completed its review ofthe information provided and of any supplemental information it may request,(3)the recipient fins made any adjustments to the award that OJP may require to prevent oreliminate any inappropriate duplication of f nding(e.g-,budget modification,projeet Scope adjustment), (4)if opprnpriate adjustments to a discretionary award cannot be mado,the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplfcatiuu(aa dctennincd by OJP),and (5)a Grant Adjustment Notice has been issued removing lhis special condition. 42. With respect to this award,federal funds may not be used to pay cash compensation(salnry plus bonuses)to any employee of lite award recipient at a rate that exceeds 110%ofthe maximum annual salary payable to a member of the federal government's Senior Executive Scry ioc(SGS)at an agency with a Certified SFS Performance Appraisal System for that year. (.An award recipient may compensate an employee at a higher rate,provided the amount in excess ofthis compensation limitation is paid with non-federal fwn]s.) u This limitation on compensation rates allowable under this award may be waived on an individual basis at rhe discretion ofthe OJP official indicated in the program announcement under which this award is made. UJP rMA 4000/2(Rb V.4.88) i �� APPROVAL RECOMMT.NDED: By: (,�J Jeffrey Hats ead Chief of Police Date: APPROVED AS TO FORM ANDGALT B B Kelly Madrid Assistant City Attorney .> � °00 � ATTEST- �g 0 By: 00M May d. Kayser/ $ p� V City Secretary 000 00.00, AS Contract Authorization: M&C; C-26971 Date Approved:_9/9/14 I I i FY 2014 Justice Assistance Grant Page 9 i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/9/2014 —Ordinance No. 21455-09-2014 DATE: Tuesday, September 09, 2014 REFERENCE NO.: C-26971 LOG NAME: 35JAG 14 SURIECT: Conduct a Public Hearing, Ratify Application for and Authorize Acceptance of a Grant from the Fiscal Year 2014 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$568,848.00, Authorize Execution of a Grant Agreement with the United States Department of Justice and Related Memoranda of Understanding with Tarrant County and the Cities of Arlington, Hurst and North Richland Hills, Authorize Use of Anticipated Interest in the Amount Up to$2,000.00 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 2014 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 $568,848.00; 3. Authorize the execution of a Grant Agreement with the United States Department of Justice and related Memoranda of Understanding with Tarrant County and the cities of Arlington,Hurst and North Richland Hills to designate the City of Fort Worth as the cognizant fiscal agency for the purpose of administrating this grant and determining the manner in which the grant money will be disbursed and utilized; 4. Authorize the use of anticipated interest up to the amount of$2,000.00, 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$570,848.00, subject to receipt of the grant. DISCUSSION: The City of Fort Worth was awarded a grant from the Edward Byrne Memorial Justice Assistance Grant(JAG) Formula Program for Fiscal Year 2014, which has been established by the United States Department of Justice to allow local governments to support a broad range of activities aimed at preventing crime and improving the criminal justice system. The City of Fort Worth applied for the grant in conjunction with the cities of F Arlington,Hurst and North Richland Hills and with Tarrant County and, pursuant to the application terms, was required to negotiate with the other jurisdictions to develop a program budget and strategy. Upon closure of the negotiations,the jurisdictions agreed to funding distribution amounts and that the City of Fort Worth should serve as the cognizant fiscal agency for the Fiscal Year 2014 JAG Formula Program. The cities and county included in the application have worked collaboratively under JAG programs since 2005. A total in the amount of$568,848.00 is available to be shared among the jurisdictions listed below and will be distributed in the following manner: Rl D T NU E EA MOUNT City of Fort Worth Police Equipment $277,375.00 Tarrant County Adult Drug Court and Mental Health Liaison $149,744.00 Arlington Police Equipment $118,101.00 urst kolice Equipment $11,607.00 orth Richland Hills Oolice Equipment $12,021.00 No matching funds are required.The City of Fort Worth is responsible for submitting the full grant application and will,upon receipt of the grant funds, distribute the agreed upon funding amounts to the other jurisdictions. In the JAG Formula Program application, the City of Fort Worth indicated it would use the amount of$277,375.00 in JAG Formula Program funding for general law enforcement equipment and tactical body armor.The equipment would consist of a Virtual Desktop Infrastructure (VDI) for $210,000.00 to be utilized in the Public Safety Training Center. This facility has two computer labs,one which is dedicated to recruit training (State of Texas required T.C.O.L.E. testing)and the other which is used for in—service and other computer—based training. A VDI allows for ease of software and hardware management and support, lowers total cost of ownership,requires a lower energy usage than non—VDI desktop hardware components and provides additional safety features. The remaining amount of$67,375.00 will be used to purchase tactical ballistic entry vests and helmets for the Fort Worth Police Department S.W.A.T. officers.The S.W.A.T. Section consists of 26 officers.In Fiscal Year 2015, 18 officers' tactical ballistic entry vests and helmets will be expiring.The ballistic capabilities of remaining helmets and vests will have diminished within five years and according to the manufacturer's recommendations, will need to be replaced. Additionally, the anticipated interest will be available for use by the City of Fort Worth, as the cognizant fiscal agency,and will be used for purposes consistent with the JAG Formula Program requirements. 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 FROM Fund/Account/Centers 5)GR76 451891 035423735000 $568.848.00 45)GR76 441042 035423735000 $2,000.00 5)GR76 5(VARIOUS) 035423735010 $277.375.00 5)GR76 539120 035423735020 $149.744.00 5) GR76 539120 03.5423735030 $118,101-00 5) GR76 539120 035423735040 $11.607.00 5)GR76 539120 035423735050 $12.021.00 45) GR76 5(VARIOUS) 035423735060 $2.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles W. Daniels (6299) Originating Dep2artment Head: Jeffrey W. Halstead (4210) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 1. 35JAG14 A014.doc