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HomeMy WebLinkAboutC2015-433 - 10/20/2015 - Approved Department of Justice w Office of Justice Programs I L ,' Bureau of Justice Assistance PAGE 1 OF 9 �. ,w,, Cooperative Agreement I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2015-DE-BX-K045 City of Corpus Christi 1201 Leopard Street P.O.Box 9277 5.PROJECT PERIOD:FROM 10/01/2015 TO 09/30/2017 Corpus Christi,TX 78401 BUDGET PERIOD:FROM 10/01/2015 TO 09/30/2017 6.AWARD DATE 09/21/2015 7.ACTION 2a.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 746000576 00 2b.GRANTEE DUNS NO. 069457786 9.PREVIOUS AWARD AMOUNT S 0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $125,000 CCPD 2015 Body-Worn Cameras Project 11.TOTAL AWARD $125,000 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI5(BJA-Body-worn Cameras)42 USC 3756(a)(1);42 USC 3715 note 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grant Program 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE63FFICIAL Denise O'Donnell Ron L.Olson DirectorCity Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIG• R : AUTHORIZ ti ,I •i 19A.DATE „ia_. as...ii: // 1 4 op 411P'7410'" ,441161k AGENCY USE ONLY lir 20.ACCOUNTING CLASSIFICATION CODES 21. PDEU FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DE 80 00 00 125000 OW FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. • ATTEST: $ " =. a _ �'1 .uilL RErECCA HUERTA OJPFORM4000/2(REV.4-88) ;t"lY SECRETARY 2015-433 `d1U 1 tiOKtL�� 10/20/15 Ord. 030655 T C NOIMIL 10.4.7-0_41.2. U.S. Department of Justice crprINDEXED ''rr. Department of Justice ,, ' ,',,0 Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 9 Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C.F.R.Part 2800(the"Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs(OW). For this 2015 award,the Part 200 Uniform Requirements,which were first adopted by DOJ on December 26,2014,supersede,among other things,the provisions of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230. If this 2015 award supplements funds previously awarded by OJP under the same award number,the Part 200 Uniform Requirements apply with respect to all award funds(whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2015 award. Potential availability of grace period for procurement standards: Under the Part 200 Uniform Requirements,a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards(that is,to those at 2 C.F.R.200.317 through 200.326). For more information on the Part 200 Uniform Requirements,including information regarding the potentially-available grace period described above,see the Office of Justice Programs(OW)website at http://ojp.gov/funding/Part200UnifonnRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. 2. The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently,the"2015 DOJ Grants!Financial Guide"). 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302)that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient,and may result in suspension of funding until such time as the recipient is in compliance,or termination of the award. 4. The recipient understands and agrees that OJP may withhold award funds,or may impose other related requirements,if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 5. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 6. The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee,agent,subrecipient,contractor,subcontractor,or other person has--(1)submitted a claim for award funds that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving award funds.Potential fraud,waste,abuse,or misconduct should be reported to the OIG by-mail:Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W.Room 4706 Washington,DC 20530 e-mail:oig.hotline@usdoj.gov hotline: (contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig OW FORM 4000/2(REV.4-88) "(2° IV\I�� • Department of Justice Office of Justice Programs AWARD CONTINUATION - ;; Bureau of Justice Assistance SHEET PAGE 3 OF 9 Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 7. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient under this award,or entity that receives a contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized to make subawards or contracts under this award-- a. it represents that-- (I) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward,contract,or subcontract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 8. 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. 9. 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) V\i'I-1 all-- Department of Justice Office of Justice Programs AWARD CONTINUATION• - �� Bureau of Justice Assistance SHEET PAGE 4 OF 9 Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 10. 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 and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at http://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). 11. 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. 12. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses 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 rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 13. 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/ojptrainingguidingprinciples.htm. 14. 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,are 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. 15. 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 of the parents or legal guardians of such students. 16. 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. 17. A recipient that is eligible under the Part 200 Uniform Requirements to use the"de minimis"indirect cost rate described in 2 C.F.R.200.414(t),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements.The"de minimis"rate may be applied only to modified total direct costs(MTDC). 18. The recipient must collect,maintain,and provide to OJP,data that measure the performance and effectiveness of activities under this award,in the manner,and within the timeframes,specified in the program solicitation,or as otherwise specified by OJP.Data collection supports compliance with the Government Performance and Results Act (GPRA)and the GPRA Modernization Act,and other applicable laws. OW FORM 4000/2(REV.4-88) 421 Department of Justice Office of Justice Programs AWARD CONTINUATION j, Bureau of Justice Assistance SHEET PAGE 5 OF 9 Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 19. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes.The data elements for this process will be outlined by the Office of Justice Programs. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g 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 of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 21. The recipient agrees to cooperate with any assessments,national evaluation efforts,or information or data collection requests,including,but not limited to,the provision of any information required for the assessment or evaluation of any activities within this project. 22. All procurement(contract)transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law,and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entities. Procurement(contract)transactions should be competitively awarded unless circumstances preclude competition. Noncompetitive(e.g.,sole source)procurements by the award recipient in excess of the Simplified Acquisition Threshold(currently$150,000)set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency,and must otherwise comply with rules governing such procurements found in the current edition of the OW Financial Guide. 23. Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OW)program office prior to obligation or expenditure of such funds. 24. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data 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 posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm(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). 25. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 26. 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 grantee;or termination of an award(s). OJP FORM 4000/2(REV.4-88) (V�i-�iCL>�� • Department of Justice y Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 9 s." t " Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 27. The recipient acknowledges that the Office of Justice Programs(OJP)reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in part,including in connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward;and(2)any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227- 14(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient,if applicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 28. Any Web site that is funded in whole or in part under this award must include the following statement on the home page,on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages that provide results or outputs from the service:"This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance,Office of Justice Programs,U.S.Department of Justice.Neither the U.S.Department of Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including, without limitation,its content,technical infrastructure,and policies,and any services or tools provided)."The full text of the foregoing statement must be clearly visible on the home page.On other pages,the statement may be included through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 29. The recipient agrees to submit to BJA for review and approval any curricula,training materials,proposed publications, reports,or any other written materials that will be published,including web-based materials and web site content, through funds from this grant at least thirty(30)working days prior to the targeted dissemination date. Any written, visual,or audio publications,with the exception of press releases,whether published at the grantee's or government's expense,shall contain the following statements:"This project was supported by Grant No.2015-DE-BX-K045 awarded by the Bureau of Justice Assistance.The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs,which also includes the Bureau of Justice Statistics,the National Institute of Justice,the Office of Juvenile Justice and Delinquency Prevention,the Office for Victims of Crime,and the SMART Office.Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S.Department of Justice."The current edition of the OW Financial Guide provides guidance on allowable printing and publication activities. 30. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of Justice Assistance(BJA). BJA will work in conjunction with the recipient to routinely review and refine the work plan so that the program's goals and objectives can be effectively accomplished. BJA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction,in consultation with the recipient,as needed. OJP FORM 4000/2(REV.4-88) Ing E,�Q� • Department of Justice Office of Justice Programs AWARD CONTINUATION t `'i Bureau of Justice Assistance SHEET PAGE 7 OF 9 Cooperative Agreement r.. PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 31. Recipient understands and agrees that it must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through GMS(https://grants.ojp.usdoj.gov),and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on reporting and other requirements,refer to BJA's website.Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. OJP FORM 4000/2(REV.4-88) _ (7 Q'4OUrr oF4c5. Department of Justice ,t,', 1", Office of Justice Programs tAWARD CONTINUATION = Bureau of Justice Assistance SHEET PAGE 8 OF 9 <, ,v,i Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 32. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)event dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event facilitators;and 14)any other costs associated with the event. The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(M&IE portion of per diem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g.,rental car,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data,and how to determine costs,are available in the OJP Financial Guide Conference Cost Chapter. OJP FORM 4000/2(REV.4-88) QT4syu+rOr��d Department of Justice ar g, Office of Justice Programs AWARD CONTINUATION i' Bureau of Justice Assistance SHEET PAGE 9 OF 9 ,:s E1`` Cooperative Agreement PROJECT NUMBER 2015-DE-BX-K045 AWARD DATE 09/21/2015 SPECIAL CONDITIONS 33. The recipient is authorized to obligate,expend,or draw down funds in an amount not to exceed 10%of this award for the sole purpose of developing a Body-Worn Camera(BWC)policy.The BWC policy must be submitted no later than 180 days of award acceptance,unless an extension for good cause shown has been granted by BJA.The recipient is not authorized to incur any additional obligations,make any additional expenditures,or draw down any additional funds until BJA has approved the recipient's completed BWC policy and has issued a Grant Adjustment Notice(GAN) removing this condition. 34. The recipient may not obligate,expend or draw down funds until the Office of the Chief Financial Officer(OCFO)has approved the budget and budget narrative and a Grant Adjustment Notice(GAN)has been issued to remove this special condition. OW FORM 4000/2(REV.4-88)