HomeMy WebLinkAboutContract 39599 (2)STATE OF TEXAS
COUNTY OF TARRANT
City %J 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
CON RACT NCB.. 9959
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 overtime salary for DFW FAST,
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 $24,000 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 pny knowrr previous
OFFICIAL RECORD
North Central Texas Council of Governments and City of Ft Worth CI��RY
FT. WORTH, TX
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 indicated
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 OJ_P'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.usdoi.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 10`h 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 BJA 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 $24,000 for the period of October 1,
2009 through September 30, 2012. However, award amount must be expended within 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.
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.
North Central Texas Council of Governments and C0ty of Ft Worth Page 5 of 7
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
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
A 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
B. Required Performance Measures for FY 2009 PSN
North Central Texas Council of Governments and City of Ft Worth Page 6 of 7
C. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and
Drug -free Workplace Requirements [see attached oJP FORM 4061/6 (3-91)]
XII. Effective Dates %0 Contract. This contract shall be in force effective October 1, 2009 and
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.
North Central Texas Council of Governments
Mike Eastland
Executive Director
DATE: b
ontract •u
)ate
OFFICIAL RECORD'
CITY SECRETARY
FT. WORTH, TX
City of Forth Worth
Tom Higgins
Assistant City Manager
DATE: �Z�9�o q
Je ey W. ialstead
Chief of Police
APPROVED AS TO FORM AND LEGALITY:
onica Wofford Mod
Assistant City Attorney
DATE:
ATTEST:
CITY SECRET,
North Central Texas Council of Governments and City of Ft Worth
Page 7 of 7
r✓1&C � eview
Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORTH
-,
COUNCIL ACTION: Approved on 12/8/2009 -Ord. No. 18944-12-2009
- --,
DATE: 12/8/2009 REFERENCE NO.: **C-23941 LOG NAME: 35PSN/DFWFAST
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Acceptance of Project Safe Neighborhood Grant Funds in the Amount of
$24,000.00 from the North Central Texas Council of Governments in Order for the Police
Department's Fugitive Unit to Continue Participation with the DFW Fugitive Apprehension
Strike Team, Authorize the Execution of a Contract with the North Central Texas Council of
Governments and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept grant funds in the amount of $24,000.00 from the North
Central Texas Council of Governments for the Police Department's participation with the DFW
Fugitive Apprehension Strike Team;
2. Authorize the City Manager to enter into a contract with the North Central Texas Council of
Governments for implementation of the grant funded project; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund by $24,000.00 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 sustaining that reduction. The North Central Texas Council
of Governments (NCTCOG) is awarding the City $24,000.00 for officer overtime for the Police
Department's Fugitive Unit to assist with the DFW Fugitive Apprehension Strike Team (DFW FAST).
DFW FAST is a task force established by the U.S. Marshals Service to maximize local, state and
federal efforts at apprehending violent fugitives. The Police Department's Fugitive Unit will receive
$24,000.00 in grant funds for officer overtime to aid the goals of the DFW FAST task force. Fringe
benefits will not be reimbursed under this grant.
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.
TO Fund/Account/Centers
GR76 451409 035203421000
GR76 5
(VARIOUS) 035203421010
$24,000.00
$24,000.00
FROM Fund/Account/Centers
Submitted for City Manager's Office b�
Tom Higgins (6192)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12595&councildate=l2/8/2009 12/11/2009
P:�c�.0 �'eview
Originating Department Head:
Jeffrey W. Halstead (4210)
Page 2 of 2
Additional Information Contact:
ATTACHMENTS
35PSN DFWFAST ao.doc
Shannon Hawkins (4249)
http://apps.cfwnet.ar•g/council�acket/mc_review. asp?ID=12595 &councildate=l2/8/2009
12/11/2009