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Home My WebLink AboutContract 35346� CiTY ��CRETARY �� :O(�lTI��CT R9C) � �r�� -l� STATE OF TEXAS COUNTY OF DALLAS Cit�� of Fort Worth Mr. Joe Paniagua Assistant City Manager 1000 ThrockmoYton Street Fort Worth Texas 76102 And North Texas Crime Commission 1601 Elm Street, Suite 2350 Dallas, Texas 75201-4728 CONTRACT #2006-MU-MU-0003 I. Parties. North Texas Crime Commission (NTCC), hereinafter refei7ed to as the Contractoi•, and the City of Fort Worth hereinafter refei�red to as the Sub recipient, do hereby malce and enter into this contract, which, together with its incorporated documents, constitutes the entire agreement under the above referenced contract number between the Contractor and the Sub recipient. The Contractor and the Sub recipient malce this contract for the following mutual considerations. II. Authority to Contract. U.S. Department of Justice, Office of Justice Programs, (OJP) Bureau of Justice Assistance, hereinafter referred to as BJA has authorized the Contt�actor, as Fiscal Agent, to enter into this contract with the Sub recipient for the puipose of providing services as detailed in the attached "Budget Detailed Worksheet" which is incorporated in its entirety. III. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Texas. Grant funding will be used to support the designated target area. Budgeted overtime funds will be used to gather gang intelligence and to conduct gang enforcement. Grant funds of $151,576.50 are budgeted for overtime hours for officer•s, sergeants, and lieutenants as well as $19,568.52 for fringe benefits. An additional $2,500 is funded for video equipment for two inteiview rooms. IV. Contract Elements. This contract between the parties and any successor or permitted assignee consists of the signed written contract and all instruments incorporated by reference which are the documents listed in Section XI of this contract. _' 11�v'�'�:�� The contract includes a description of services, the location of seivice delivery, oth�r ,' J �1; ;��, �� service delivery details, budget and billing procedures. This contract may be amenc��d , U, r;�� only in writing and by mutual agreement. ,��ii �� I�"�.' a) When transfers between items involve more than the amount designated in Section V.D.1. above. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved. b) When transfers, regardless of the amount, would result in a significant change in the character or scope of the program. Lacic of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this contract at the option of the Contractor and/or BJA. E. Actual Costs. The reimbursement made to the Sub recipient shall not exceed the Sub recipient's actual costs to provide the services under this contract and the Sub recipient's actual costs, both direct and indirect, must be reasonable and allowable according to the Office of Management and Budget (OMB) Circulars A-122 and 1-110. F. Physical Property. The Sub recipient shall assume responsibility for the protection of all physical property and equipment purchased under this contract and to take appropriate measures to meet this obligation. The Sub recipient shall furnish the Contractor with a written, factual report of the theft of, or damage to, any equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, the Sub recipient shall notify appropriate local law enforcement authorities. All property purchased under this contract are to be utilized solely for the project stipulated in this contract. G. Equipment. The Sub recipient shall follow the provisions of the OMB Circular A-110 regarding any equipment purchased under this contract with funds allocated to the Sub recipient. The Sub recipient shall not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. The Sub recipient shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment and to maintain a current inventory of equipment, which is available to the Contractor and BJA at all times upon request. H. Lobbying Limitations. The Sub recipient shall not use any funding under this contract to influence the outcome of elections or the passage or defeat of any legislative measures. I. Taxes. The Contractor will not be liable for state, local, or federal excise taxes. The Sub recipient must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. The Sub recipient must comply with all Federal and State tax laws and withholding requirements. The Contractor will not be liable to the Sub recipient or its employees for any Unemployment or Workers' Compensation coverage, or Federal or State withholding requirements. The Sub recipient shall pay to BJA all costs, penalties, or losses whatsoever occasioned by the Sub recipient's omission or breach of this section. J. Event of Loss. In the event of loss, damage, or destruction of any property due to the negligence or misconduct of the Sub recipient, the Sub recipient shall pay full cost of repair, reconstruction, or replacement, at the discretion of the Contractor. Such cost shall be due and payable by the Sub recipient within ten (10) calendar days after the date of receipt of written notice from the Contractor of the amount due. The Contractor, and their respective employees, officers, agents, and representatives can neither agree to hold the Sub recipient harmless nor agree to indemnify the Sub recipient and any provisions to the contrary are void. K. Force Majeure. The Sub recipient shall be financially liable for undue delays or failures to perform except for any delay in or failure of performance of any requirement caused by force majeure (i.e. those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of Contractor in the exercise of reasonable diligence until these exigencies have been removed. The Sub recipient shall inform the Contractor in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Sub recipient agrees that breach of this provision entitles the Contractor to reduce or stop payments, immediately terminate this contract, collect partial or whole payment for seivices not timely delivered, other liquidated damages including amounts of any bond for contract amount, and any other remedies available to Contractor under the terms of the contract, in equity or under Texas law. L. Accounting. The Sub recipient shall adhere to OJP's Financial Management Guidelines and Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Accountants and follow Contractor policies and procedures in submitting timely billing and maintaining financial records required to be lcept under this contract. (See httU://www.oj_p.usdoLgov/FinGuide/welcome.hhnl for additional information.) M. Record Keeping. The Sub recipient shall maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, 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. If any litigation, claim, or audit findings involving these records begins before the five (5) year period expii•es, the Sub recipient will lceep the records and documents for not less than iive years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Contractor, BJA, and the Sub recipient. Contract period means the beginning date through the ending date specified in the original contract; extensions are considered to be separate contract periods. N. Reviews. The Sub recipient shall cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to __ l ^ � �. � �:' 1:��, �J ��'[jj .��.� U:L� _�, IC� �5 L`i� '�� 1'�( V c��v1 � J.' � Jy �� .'� ;';ii �P �i �I l U I? �`� j ��" V. Financial Limitations and Considerations. A. Funds Availability. This contract is at all times contingent upon the availability and receipt of federal funds the Department of Justice has allocated to this contract; and if funds for this contract become unavailable during any budget period, this contract may be immediately reviewed, terminated or reduced at the discretion of the Contractor. B. Amount of Payment. The Contractor shall pay the Sub recipient up to a maximum of $173,645.03 from available funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified billing statement with accompanying documentation. Amount of payment shall reflect deductions of any lcnown previous overpayment made by the Contractor, If program income accrues, the Sub recipient shall return to the Contractor any income that exceeds actual costs incurred for se�vices rendered under contract. In no event shall payments exceed the Sub recipient's actual reasonable, necessary and allowable costs to provide services under this contract budget. C. Basis for Payment. The basis for payment for services rendered under this contract is indicated in the service terms with the budget. The Sub recipient agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Contractor and BJA, The Contractor is not obligated to pay unauthorized costs or to pay more than the Sub recipient's allowable and actual incurred costs consistent with federal and state regulations. The Sub recipient is responsible for submitting bills in an accurate and timely manner for each service period, and for notifying the Contractor of a need to expedite payment. The Contractor will malce reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Sub recipient. D. The Sub recipient understands and agrees that: 1. Subject to prior Contractor approval, transfers between line items of a budget will be allowed if presented in writing to the Contractor, and the transfers cannot result in a cumulative increase or decrease of five thousand dollars ($5,000) or an increase or decrease in any budget line item of more than ten percent (10%) of the total budget. Any transfers shall be for allowable items as deiined by the Contractor and OJP's Financial Management Guide, which do not result in a significant change in the character or scope of the program. Any transfers will be described and reported by the Contractor to BJA within sixty (60) calendar days. 2. Prior written approval must be secured: services rendered by the Sub recipient which may be conducted by the Contractor, BJA, or their authorized representatives. Sub recipient shall be responsible for any audit exception or other payment irregularity regarding this contract, which may be found after review by the Contractor and BJA; and to be responsible for the timely and proper reimbursement to the Contractor and/or BJA of any amount paid in excess of the proper billing amount. O. Supplanting. The Sub recipient shall comply with OJP's Financial Management Guide definition of Supplanting. "Federal funds must be used to supplement existing funds for program activities and must not replace those funds that have been appropriated for the same purpose. Supplanting will be the subject of application review, as well as pre-award review, post-award monitoring, and audit. If there is a potential presence of supplanting, the sub recipient will be required to supply documentation demonstrating that the reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. For certain programs, a written certification may be requested by the awarding agency or recipient agency stating that Federal funds will not be used to supplant State or local funds." Should supplanting be detected it is the sole responsibility of the sub recipient to reimburse all funds in question to BJA. VI. Reporting and Copying Requirements. The Sub recipient shall submit to the Contractor monthly activity reports regardless of level of activity. In addition, the Sub recipient shall submit program updates and other reports requested by the Contractor and BJA in appropriate format and on a timely basis, and shall malce available at reasonable times and for reasonable periods records and other pr•ogrammatic or financial records, books, reports, and supporting documents for reviewing and copying by the Contractor, BJA, the U.S. Department of Justice, or their authorized representatives. VII. Additional Responsibilities of Sub recipient. The Sub recipient is required to: A. Provide services in accordance with the provisions of this contract and shall allow Contractor, BJA and its representatives to monitor, audit, evaluate and otherwise review the services provided and related documentation. B. Notify the Contractor and BJA immediately and in advance of any significant change affecting the Sub recipient, including change of Sub recipient's name or identity, ownership or control, governing board membership, personnel, payee identification number, physical address & telephone number and other. C. Refrain from transferring or assigning this contract or from entering into any subcontract for the seivices under this contract without prior written approval from both the designated official Contractor and BJA signatories. Request for approval must be submitted in writing by (sub recipient) and include the qualifications of the assignee to perform and meet the standards of this contract. ti= -- —='_ ._,_,._,.__-. ��, �� i � � �. � �� <.�'ti:;= 6 �'1 �,�f, ��..>,�-!_ ,�.�'�:��'��:�� ,� ;, � , ,�, �; � ;��c ��:�?��..��:� �� ,f ��.4 `,�;'.�1 �;}� � S7�y . � „rvli�:ufL� UL-G:a --" . a..�..�__� D. Provide statements signed by an official duly authorized to legally obligate the Sub recipient and attest to the fact that it shall provide the services as represented in this contract, including the incorporated documents, with no disruption to service delivery. Sub recipient may be required to submit ownership information and other information related to this contract as requested by BJA. E. Comply with all applicable federal and state regulations and with Contractor or BJA policies and procedures regarding services delivered under this conh�act. F. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. G. Submit an annual iinancial and compliance audit of the Sub recipient's fiscal year-end, VIII. Service Provisions. The Sub recipient agrees to provide services as specified in the Detailed Service Description (Attachment A-Six City Gang Initiative Fort Worth Police Department Proposal Goals, Implementation Plan and Timeline) and within funding limits set in the attached Budget and Budget Narrative. Any subsequent changes in seivice delivery shall be addressed via update of the Detailed Seivice Description, and approved in writing by the Contractor. The Detailed Service Description, submitted in conjunction with the contract and budget as supporting materials, shall contain the following items: 1. a detailed program description; 2. inclusive dates for service provision; 3. goals of the program and/or service, including the impact on reducing gang activity; 4. days and hours during which seivices will be provided; and 5. name of organization responsible for providing services and the location where the services will be provided_ Changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by the Selection Committee and Contractor. Requested changes to the Budget and Budget Narrative (including all Line-Item Transfers) must be submitted in writing and approval granted in writing before any changes in expenditures occur. IX. Budget. The Contractor agrees to reimburse the Sub recipient the reasonable, allowable and allocable costs as specified in Attachment B(Budget and Budget Narrative). The reimbursable amount, subject to availability of funding, is not to exceed the contract amount of $173,645.03 for the period of September 25, 2006 tYu•ough May 31, 2009. Receipts and other accurate source and expenditure documentation shall be lcept readily available to verify costs and copies provided to the Contractor and BJA as requested. X. Provisions for Termination of Contract and Contract Dispute Resolution: A. If the Sub recipient fails to provide services according to the provisions of this contract, the Contractor may, upon written notice of default to the Sub recipient, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. B. The Contractor shall suspend or revoke this contract if the Sub recipient is found liable for or has a contract, license, certificate or permit of any lcind revoked for Medicaid fraud. C. The Contractor, based on information from monitoring or other verifiable sources, may terminate this contract for cause or take other actions: 1. to include requiring the Sub recipient to talce specific corrective actions in order to remain in compliance with any contractual term, 2. to recoup payments made to the Sub recipient or impose administrative error sanctions based on audit findings of violations of contract requirements, and 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all contract rights. D. If federal or state laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this contract. E. This contract may be terminated at any time by mutual consent. In addition, either party to this contract may consider it to be canceled by giving thirty (30) days notice to the other party. This contract will be terminated at the end of the thirty (30) day period. Nothing in this Section shall be construed to prohibit immediate termination of the contract pursuant to Sections X. A. and B. above. This contract shall otherwise terminate by the date specified pursuant to Section XII below. F. At the end of the contract term or other contract termination or cancellation, the Sub recipient shall in good faith and in reasonable cooperation with the Contractor and BJA, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. G. Contract Dispute Resolution. Sub recipient agrees to comply with applicable state and federal laws, rules, and regulations regarding conflicts of interest in the performance of its duties under this contract. 1. Sub recipient's claims for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to a negotiation process. To initiate the process, the Sub recipient shall submit written notice to the Conh•actor and Millie DeAnda or her designee, A copy of the notice shall also be given to all other representatives of the Contractor and BJA otherwise entitled to notice under the parties' contract. 2. Neither the occunence of an event nor the pending of a claim constitute grounds for the suspension of performance by the Sub recipient, in whole or in part. 3. This Contract shall be construed in accordance with the internal law of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Agreement, venue for action shall lie in Tarrant County, Texas. XI. Incorporation by Reference. The following documents are incorporated into the contract amendment for all purposes and are on file with the Sub recipient and Contractor: A. Detailed Service Description B. Budget and Budget Narrative for the duration of the subcontract C. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-free Workplace Requirements (See Attached BJA FORM 4061/6 (3-91)) XII. Effective Dates of Contract. This contract shall be in force effective September 25, 2006 and continuing through May 31, 2009, unless the contract is terminated for cause. XIIL Execution of Contract. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated affix their signatures and bind themselves during the effective dates. Acceptance of funds under this contract acts as acceptance of the authority of the BJA, � '�.;;��1'�.�L:�l �:'�'v�J:�'.� � ;N;S�?,; :;;s�,,��;--�j;1i�'�Pi i �� u c �� s�:; U: 5�U- � C �1�, �'�'��'��f, I�� the Office of Inspector• General or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Nor-th Texas Crime Commission �� Millie DeAnda President ; � '�.- � - 'x �U DATE: City of Fort Worth Approved As To Form and Legality � � �� _ � :' � Leann Guzman Assistant City Attorney Attest: �� City Secretary �1' 6 �� Contra t Ruthori�ati,os� �- � — - ,�. y�� J��;�.=:�� :°:��:;��, N�� `� �'��;��i;. °u, � �. '�; ��.!5 � a�: �� f �� .'�:�� `�"Ji U ! �� 1 ' City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/9/2007 - Ordinance No. 17345-01-2007 DATE: Tuesday, January 09, 2007 LOG NAME: 35SIXCITYGANG07 REFERENCE NO.: **G-15565 SUBJECT: Authorize the Application for and Acceptance of the Six City Gang Initiative Grant from the North Texas Crime Commission for the Reduction of Violent Gang Crime and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, the Six City Gang Initiative Grant from the North Texas Crime Commission in the amount of $173,645.02; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $173,645.02 subject to receipt of the grant. DISCUSSION: The Six City Gang Initiative funding will be used to support the Fort Worth Police DepartmenYs Northside Initiative in reducing violent gang crimes in the designated target area. Budgeted overtime funds will be used to gather gang intelligence and to conduct gang enforcement. Grant funds of $151,576.50 are budgeted for overtime hours for officers, sergeants, and lieutenants as well as $19,568.52 for fringe benefits, An additional $2,500.00 of the grant funds is budgeted to purchase and install video equipment in two interview rooms used for interrogations related to gang offenses, FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendaiions and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451974 035462955000 GR76 5 (VARIOUS) 035462155010 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $173.645.02 $173.645.02 FROM Fund/Account/Centers Joe Paniagua (6191) Ralph Mendoza (4210) Sasha Kane (4243) - ,.; Logname: 35SIXCITYGANG07 `i�. - Page 1 of 1