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HomeMy WebLinkAboutContract 39598i STATE OF TEXAS COUNTY OF TARRANT City of Fort Worth Tom Higgins Assistant City Manager 1000 Throckmorton Street Fort Worth, TX 76102 And North Central Texas Council of Governments CONTRACT #2009- GP-BX-0008 I. Parties. North Central Texas Council of Governments (NCTCOG), hereinafter referred to as the "Contractor" and City of Forth Worth, hereinafter referred to as the "Subcontractor", do hereby make 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 Subcontractor. The Contractor and the Subcontractor make this contract for the following mutual considerations. II. Authority to Contract. The U.S. Department of Justice; Office of Justice Programs (OJP); Bureau of Justice Assistance; hereinafter referred to as BJA, has authorized the North Central Texas Council of Governments as Fiscal Agent to enter into this contract with the Subcontractor for the purpose of providing partial salary overtime for FY 09 PSN INITIATIVE, III. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Texas. 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. The contract includes a description of services, the location of service delivery, other service delivery details, budget and billing procedures. This contract may only be amended in writing and by mutual agreement of all parties. 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 North Central Texas Council of Governments shall pay the Subcontractor up to a maximum of $30,000 from available funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified billing state ment-wit+-.- - - accompanying documentation. Amount of payment shall reflect deductions of any ri MY.'WORD CITY SECRETARY North Central Texas Council of Governments and City of Ft Wort FT. krVh7K4 bff%r overpayment made by the Contractor. If program income accrues, the Subcontractor shall return to the Contractor any income that exceeds actual costs incurred for services rendered under contract. In no event shall payments exceed the Subcontractor'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 cated in the service terms with the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Contractor and BJA. The North Central Texas Council of Governments is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actual incurred costs consistent with federal and state regulations. The Subcontractor 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 North Central Texas Council of Governments will make 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 Subcontractor. D. The Subcontractor 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; the transfers can not 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 defined 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 Fiscal Agent to BJA within sixty (60) calendar days. 2. Prior written approval must be secured: 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. Lack 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. c) NCTCOG will limit the number of transfers under D. 2. to two transfers per budget period. E. Actual Costs. The reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this contract and the Subcontractor'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 A-110. F. Physical Property. The Subcontractor 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 Subcontractor 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 North Central Texas Council of Governments and City of Ft Worth Page 2 of 7 Subcontractor shall notify appropriate local law enforcement authorities. All property purchased under this contract is to be utilized solely for project stipulated in this contract. G. Equipment. The Subcontractor shall follow the provisions of the OMB Circular A-110 regarding any equipment purchased under this contract with funds allocated to the Subcontractor. The Subcontractor shall not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. The Subcontractor 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 Subcontractor 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 Subcontractor 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 Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Contractor will not be liable to the Subcontractor or its employees for any Unemployment of Workers' Compensation coverage, or Federal or State withholding requirements. The Subcontractor shall indemnify and pay to BJA all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. J. Indemnification. The Subcontractor shall indemnify and save harmless the Contractor, its officers, agents, representatives, and employees from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence or misconduct on the part of the Subcontractor, its agents, employees, or representatives. In the event of loss, damage, or destruction of any property due to the negligence or misconduct of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Contractor. Such cost shall be due and payable by the Subcontractor 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 Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. K. Force Majeure. The Subcontractor 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 Subcontractor 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 Subcontractor agrees that breach of this provision entitles the Contractor to reduce or stop payments, immediately terminate this contract, collect partial or whole payment for services 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 Subcontractor 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 kept under this contract. (for additional information see http://www.oip.usdo0 gov/financialquide/.) North Central Texas Council of Governments and City of Ft Worth Page 3 of 7 M. Record Keeping. The Subcontractor 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 expires, the Subcontractor will keep the records and documents for not less than five 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 Subcontractor. 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 Subcontractor shall cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Contractor, BJA, or their authorized representatives; and to 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 Subcontractor 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 applicant or grantee 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 subcontractor to reimburse all funds in question to BJA. VI. Reporting and Copying Requirements. A. The Subcontractor shall submit monthly financial, data and progress reports due by the 10th day of the following month. Failure to submit monthly and semi annual financial, data and progress reports by the 10th of each month will be reported to the PSN Selection Committee for lack of compliance. The need for subsequent action will be decided by NCTCOG and the PSN Selection Committee. In addition, the Subcontractor shall submit program updates and other reports requested by the Contractor and BJA 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 Contractor, BJA, the U.S. Department of Justice, or their authorized representatives. VII. Additional Responsibilities of Subcontractor. The Subcontractor 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. North Central Texas Council of Governments and City of Ft Worth Page 4 of 7 B. Notify the Contractor and BOA immediately and in advance of any significant change affecting the Subcontractor, including change of Subcontractor'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 services under this contract without prior written approval from both the Contractor designated official and BJA signatories. Request for approval must be submitted in writing by (sub recipient) and include the qualifications of the Subcontractor to perform and meet the standards of this contract. D. Provide statements signed by an official duly authorized to legally obligate the Subcontractor 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. Subcontractor 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 contract. 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 financial and compliance audit of the Subcontractor's fiscal year-end if required by OJP Financial Guide or OMB circular A-133. If not required, submit the annual agency audit performed per agency policy. VIII. Service Provisions. The Subcontractor agrees to provide services as specified in their original proposal submitted to NCTCOG and within funding limits set in the attached proposal. Any subsequent changes in service delivery shall be addressed via update of the Detailed Service Description, and approved in writing by the Contractor. Changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the PSN Selection Committee and Contractor. Requested changes to the Budget and Budget Narrative (including all Line -Item Transfers) must be submitted in writing. Contractor will acknowledge approval of Subcontractor's requested changes in writing. IX. Budget. The Contractor agrees to reimburse the Subcontractor the reasonable, allowable and allocable costs as specified in attached submitted proposal. The reimbursable amount, subject to availability of funding, is not to exceed the contract amount of $30,000 for the period of October 1; 2009 through September 30, 2012. However award amount must be expended with in a 12 month period. Receipts and other accurate source and expenditure documentation shall be kept 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 Subcontractor fails to provide services according to the provisions of this contract, the Contractor may, upon written notice of default to the Subcontractor, 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. North Central Texas Council of Governments and City of Ft Worth Page 5 of 7 B. The Contractor shall suspend or revoke this contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind 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 Subcontractor to take specific corrective actions in order to remain in compliance with any contractual term, 2. to recoup payments made to the Subcontractor 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 Subcontractor 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. Subcontractor agrees to comply with applicable state and federal lawsI rules, and regulations regarding conflicts of interest in the performance of its duties under this Agreement. 1. Subcontractor'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 Subcontractor shall submit written notice to the North Central Texas Council of Governments, Mike Eastland, Executive Director or his 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. This contested case process is the Subcontractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the Contractor and/or BJA if the parties are unable to resolve their disputes. 2. Neither the occurrence of an event nor the pending of a claim constitute grounds for the suspension of performance by the Subcontractor, in whole or in part. XI. Incorporation by Reference. The following documents are incorporated into the contract amendment for all purposes and are on file with the Subcontractor and Contractor: A. Submitted Service Delivery Proposal, including the approved budget North Central Texas Council of Governments and City of Ft Worth Page 6 of 7 B. Required Performance Measures for FY 2009 PSN C. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -free Workplace Requirements [see attached OAP FORM 4061/6 (3-91)] XII. Effective Dates of Contract. This contract shall be in force effective October 1, 2009 Cl" continuing through September 30, 2012. XIII. 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, the Office of Inspector General or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Teyxas Council of Governments Mike Eastland Executive Director DATE: 14 D Conttr Author_ izati®R City of Forth Worth Tom Higgins Assistant City Manager DATE: /Z 9�09 Gva J refVW. Halstead Chief of Police APPROVED AS TO FORM AND LEGALITY: onica Wofford Wood Assistant City Attorney DATE: � � 0 ` ATTEST: CITY SEC OFFICIAL RECORD CITY SECRETARY FT. WORTH, T), rth Central Texas Council of Governments and City of Ft Worth Page 7 of 7 MSC Review Page 1 of 2 CITY COUNCIL AGENDA �:_-._ �_- DATE: CODE: SUBJECT Official site of the City of Fort Worth, Texas FORT COUNCIL ACTION: Approved on 9/29/2009 -Ord. No. 18844-09-2009 9/29/2009 REFERENCE NO.: **C-23804 LOG NAME: 35PSNGRANT C TYPE: CONSENT PUBLIC NO HEARING: Ratify the Application for and Authorize the Acceptance of the Project Safe Neighborhood Grant from the North Texas Crime Commission in the Amount of $30,000.00 in Order to Participate in a Joint Effort to Reduce Violent Gang Crime; Authorize the Execution of a Grant Agreement and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Ratify the application for a Project Safe Neighborhood Grant from the North Texas Crime Commission in the amount of $30,000.00; 2. Authorize the City Manager to accept the grant, if awarded, and enter into a contract with the North Texas Crime Commission for implementation of the grant funded project ;and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $30,000.00, upon receipt of the grant. DISCUSSION: Project Safe Neighborhood (PSN) is a nationwide network designed to create safer neighborhoods by reducing gun violence and gun crime and by sustaining that reduction. The Police Department will receive funding for PSN enforcement efforts made by the Gang Section. The Gang Section will receive $30,000.00 in grant funding for officer overtime to aid the goal of reducing violent gang crime within the City's Northside. Fringe benefits will not be reimbursed. FISCAL INFORMATION/CERTIFICATION: 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 Fiscal Year 2010 operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers GR76 451974 035462397000 GR76 5 1VARIOUS) 035462397010 $30 000.00 $30,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Tom Higgins (6192) Jeffrey W. Halstead (4210) Shannon Hawkins (4249) http://apps. cfwnet.org/council�acket/mc_review.asp?ID=12060&councildate=9/29/2009 12/11 /2009 M&C review Page 2 of 2 ATTACHMENTS PSNGRANT AO.doc http://apps.cfwnet.org/council�acket/mc review.asp?ID=12060&councildate=9/29/2009 12/11/2009 � . � Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 12/8/2009 -Ord. No. 18945-12-2009 DATE: 12/8/2009 REFERENCE NO.: **C-23942 LOG NAME: 35PSNGRANT(2) CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Correction of M&C C-23804 to Change the Name of the Awarding Agency from the North Texas Crime Commission to the North Central Texas Council of Governments for the Project Safe Neighborhood Grant in the Amount of $30,000.00, Revise the Fund Center Information to Reflect the North Central Texas Council of Governments as the Reimbursing Agency and Adopt Corrected Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Approve a correction to (M&C C-23804) to change all references to the awarding agency from the North Texas Crime Commission to the North Central Texas Council of Governments; 2. Approve a change in the Fund Center/Account number to reflect the North Central Texas Council of Governments as the reimbursing agency; and 3. Approve the adoption of the attached corrected appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $30,000.00. DISCUSSION: On September 29, 2009, City Council approved (M&C C-23804) authorizing the application for and acceptance of $30,000.00 in grant funds under the Project Safe Neighborhood (PSN) program. M&C C-23804 also authorized the adoption of the associated appropriation ordinance. Upon award notification and receipt of contract, staff learned that the fiscal agent under the 2009 Project Safe Neighborhood grant had changed from the North Texas Crime Commission (NTCC) to the North Central Texas Council of Governments (NCTCOG). Due to this change, all references to the awarding agency in (M&C C-23804) need to be changed from the North Texas Crime Commission to the North Central Texas Council of Governments. Additionally, in regard to the fund center information for this grant, the center number needs to be changed from 035462397000 to 035203422000 to reflect reimbursements coming from the NCTCOG rather than the NTCC. Finally, a corrected appropriation ordinance needs to be approved. The remaining elements of (M&C C-23804) remain the same. FISCAL INFORMATION/CERTIFICATION: 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. Funds will be reimbursed by grantor after expenditures are made. TO Fund/AccountlCenters GR76 451409 035203422000 GR76 5 (VARIOUS) 035203422010 30.000.00 $30,000.00 FROM Fund/Account/Centers FORT http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12623&councildate=l2/8/2009 12/11/2009 IVi�✓C Review Page 2 of 2 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 35PSNGRANT 2 ao.doc Tom Higgins (6192) Jeffrey W. Halstead (4210) Shannon Hawkins (4249) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12623&councildate=l2/8/2009 12/11/2009