Loading...
HomeMy WebLinkAboutContract 43181 (2)} V ((:'),(.4\J‘cli'W_Atif •*1 STATIC OF TEXAS COUNTY OF Dallas City of Fort Worth Form Worth Police Department 350 W. Belknap Fort Wo tm , TAX 76102 And Mosaic Family Services 4144 N. Central Expressway, Suite 530 Dallas, Texas 75204 Mosaic Family Services CONTRACT #2O11 o GPaXe0060 I. Parties. Mosaic Family Services, hereinafter referred to as the "Contractor" and the City of Fort Worth, Fort Worth Police Department, Gang Unit 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 Mosaic Family Services as Fiscal Agent to enter into this contract with the Subcontractor for the purpose of providing overtime salaries for the Gang Unit officers. III. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Texas. Iv. ce ILI 0 OC 4 ILL Contract Elements. This contract between the parties and any successor or permitted ssignee consists of the signed written contract and all instruments incorporated by reference which re Th9 documents listed in Section XI of this contract. The contract includes a description of = eta ices, the location of service delivery, other service deliverydetails, budget and billingprocedures.ILL�� Y g has contract may only be amended in writing and by mutual agreement of all parties. 0 41/. j Financial Limitations and Considerations. y- , cam. Fu ds Availability. This contract is at all times contingent upon the availability receipt t of p 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. Mosaic Family Services shall pay the Subcontractor up to a maximum of $5000.00 from available funds for services rendered in accordance with the terms of this contract 1 0 f 7 Safe Neighborhood Contract Between Mosaic Family Serv/ces and Fort Worth Police Department 05-09-12 A03 : 5 1 IN upon receipt of a proper and verified billing statement with accompanying documentation. Amount of payment shall reflect deductions of any known previous 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. Mosaic Family Services 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 Mosaic Family Services 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 Project Safe Neighborhood Selection Committee and Contractor approval, transfers between line items of a budget will be allowed if presented in writing to the PSN Selection Committee and Contractor the transfers cannot result in a cumulative increase or decrease of five hundred dollars ($500) 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 PSN Selection Committee, 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. 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) Mosaic Family Services 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. 2 of 7 Safe Neighborhood Contract Between Mosaic Family Services and Fort Worth Police Department 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 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, to the extent allowed by law, and pay to BJA all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. J. Indemnification. To the extent allowed by law, the Subcontractor shall indemnify and hold 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 Toss, damage, or destruction of any property due to the negligence or misconduct of the S ubcontractor, 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 S ubcontractor 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 S ubcontractor and any provisions to the contrary are void. Nothing conained herein shall ever be construed so as to require City to create a sinking fund or to access, levy and collect any tax to fund its obligations under this paragraph. 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 3 of 7 Safe Neighborhood Contract Between Mosaic Family Services and Fort Worth Police Department 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/ .) 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. Contractor agrees that Subcontractor shall have access to and the right to examine any directly pertinent books, documents papers and records of the Consultant involving transactions relating to this Agreement. 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 10`h 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 Mosaic Family Services and the PSN Selection Committee. 4 of 7 Safe Neighborhood Contract Between Mosaic Family Services and Fort Worth Police Department 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. 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 Mosaic Family Services 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 $5,000.00 for penod of 12-months beginning January 1 2012 or once the contract is fully executed or concluded by 12-months 5 of 7 Safe :Veighborhood Contract Between Mosaic Family Services and Fort Worth Police Department concluding on or before February 28, 2013. 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. 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 laws, 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 Mosaic Family Services, Bill Bernstein, Deputy Director or his designee. A copy of the notice shall also be given to all 6 of 7 Safe Neighborhood Contract Between Mosaic Family Services and Fort {North Police Department other representatives of the Contractor and BJA otherwise entitled to notice under the parties' contract. If negotiation process is not successful, Subcontractor retains any other available remedies in law or equity. 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 2011 PSN C Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -free Workplace Requirements [see attached OAP FORM 4061/6 (3-91)] XI I. Effective Dates of Contract. This contract shall be in force effective January 1, 2012 and continuing for 12 consecutive months or concluding by February 28, 2013, whichever date comes first. 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. Mosaic Family Services Typed name and title of Contractor authorized official Walter H. Nguyen, Ph.D., Executive Director Signature of authorized official Date: 4. asq--- OFFICIAL RECORD' CITY SECRETAk 1'' 7 or 7 City of Fort Worth Fort Worth Police Department Typed name and title of Subcontractor authorized official Charles Daniels, Assistant City Manager Signature of authorized official deda/Cosies/40/ Date: 6 +-. b 2 • /z ..c\atinvattrri .ems' ions'e.000000? arisoo 0 a Fi 14,0 r.rta —°Q.ATO °000 /tesT41 -i-,!,-- dr i, ,:,;. % 4:b° „ ?., Ma r �. I� - Secre u sa 0�a0000a4 �. i ‘th mie., tV eit( ‘(•,-.01 4.113x€6-rzel6t> Safe Neighborhood Contract Between Mosaic Family Services and Fort !Vorth Police Department Objective To create safer neighborhoods by reducing gun violence and gun crime, and sustaining that reduction. the occurrence of violent gang related* incidents both reactive and proactive efforts supported by 'nent planning coordinated with federal, state and v enforcement and informed by data and real-time nce. Performance Measures Percentage of targeted PSN sites reporting a reduction over the previous year in the number of homicides with a firearm. Percentage of targeted PSN sites reporting a reduction in the combined number of homicides, aggravated assaults, and robberies that are committed with a firearm. The percentage of combined homicides, aggravated assaults, and robberies that are gang - related.* Data Grantee Provides Number of homicides with a firearm experienced during the current reporting period within the targeted PSN site. Number of targeted PSN sites. Combined number of homicides, aggravated assaults, and robberies that are committed with a firearm during the current reporting period within the targeted PSN site. Number of targeted PSN sites. The total number of gang -related* homicides that occurred during the current reporting period. The total number of gang related* aggravated assaults that occurred during the current reporting period. The total number of gang -related* robberies that occurred during the current reporting period. The total number (gang related* and non gang -related) of homicides, aggravated assaults, and robberies that occurred during the current reporting period. Project Narrative 1. Target Area for Project Implementation The City of Fort Worth will use funding under the FY2011 PSN RFP grant to enhance the Fort Worth Police Department's goal of reducing violent gang activity. Funding under this grant will implement project goals within two divisions of Fort Worth. The specific area in North Division would include zones N-02, N-03, and N-04. During 2010 these three zones experienced 28.23% of all gang related crime in Fort Worth. The specific area in South Division would include zone S-01. During 2010 this zone experienced 12.15% of all gang related crime in Fort Worth. These two areas combined make up over 40% of all gang related crime. 2. Program Description Given the limited dollar amounts we will conduct intelligence led directed enforcement action. Intelligence from confidential informants and other sources will be used to direct the anti -gang enforcement. The enforcement will concentrate on gang members who are involved in drugs and / or weapons. An emphasis will be placed on the use of arrest and search warrants. A firearms trace will be conducted on all weapons seized. When permissible by law, efforts will be made to seize illegal property and items used in the furtherance of illegal activity. 3. Performance measures A reduction of homicides with a firearm of 3% A reduction of aggravated assaults with a firearm of 3% A reduction of robberies with a firearm of 3% A reduction of burglaries with a firearm of 3% A reduction of gang related homicides with a firearm of 5% A reduction of gang related aggravated assaults with a firearm of 5% A reduction of gang related robberies with a firearm of 5% A reduction of gang related burglaries with a firearm of 5% 4. Sustainability plan City of Fort Worth will continue FWPD Gang Unit Initiatives on a limited basis. Budget Personnel Officer Overtime for the Gang Unit 690 hours @ average of $50.73 per hour $5,000 1. Fringe None 2. Travel None 3. Supplies None 4 Equipment None 5. Contracts None 6. Other Costs None Budget Narrative Personnel expenses include overtime pay for the 35 members of the Fort Worth Gang Section to participate under this project. The overtime rate is an average for the officers that work in the Gang Section. The actual rate will be invoiced for reimbursement Law Enforcement Performance Measures 1. Percent reduction of Homicides with a firearm Expected percentage of decline is 3%. For zones N-02, N-03, N 04, which had 4 homicides with a firearm, this would be 0.12 less homicides. For zone S-01, which had 2 homicides with a firearm, this would be 0.06 less homicides. For the two areas together (S-01, N-02, N-03, N-04), which had 6 homicides with a firearm, this would be a 0.18 less homicides. 2. Percent of combined number of homicides, aggravated assaults, and robberies with a firearm. Expected percentage of decline is 3%. • For zones N-02, N-03, N-04, which had 156 aggravated assaults, 4 homicides, and 48 robberies with a firearm (total of 208), this would be a reduction of 6.42 offenses. • For zone S-01, which had 70 aggravated assaults, 2 homicides, and 20 robberies with a firearm (total of 92), this would be a reduction of 2.76 offenses. • For the two areas together (S-01, N-02, N-03, N-04), which had 300 total aggravated assaults, homicides, and robberies with a firearm would see a reduction of 9 offenses. * * * * * Burglary with a firearm was not calculated since burglary with a firearm would be counted as a robbery. 3. Percent of combined number of gang related homicides, aggravated assaults, and robberies and burglaries. Expected percentage of decline is 5%. • For zones N-02, N-03, N-04, which had 39 aggravated assaults, 1 homicide, 5 robberies, and 3 burglaries (total of 48), this would be a reduction of 2.40 offenses. • For zone S-01, which had 25 aggravated assaults, 1 homicide, 1 robbery, and 0 burglaries (total of 27), this would be a reduction of 1.35 offenses. • For the two areas together (S-01, N-02, N-03, N-04), which had 75 total aggravated assaults, homicides, robberies, and burglaries would see a reduction of 3.75 offenses. 4. Percent of combined number of gang related homicides, aggravated assaults, and robberies and burglaries (not including the gang related offenses) Expected percentage of decline is 3%. • • • For zones N-02, N-03, N-04, which had 395 aggravated assaults, 7 homicides, 126 robberies, and 1299 burglaries after removing the gang related offenses (total of 1827), this would be a reduction of 54.81 offenses. For zone S-01, which had 162 aggravated assaults, 3 homicides, 74 robberies, and 435 burglaries after removing the gang related offenses (total of 674), this would be a reduction of 20.22 offenses. For the two areas together (S-01, N-02, N-03, N-04), which had 2501 total aggravated assaults, homicides, robberies, and burglaries would see a reduction of 75.03 offenses. U S DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, 'New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000 as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub recipients shall certify and disclose accordingly. 2. DEBARMENT. SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67 for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice u nder subparagraph (d)(2) from an employee or otherwise receiving actual n otice of such conviction. Employers of convicted employees must provide n otice, including position title, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street N.W., Washington, D C. 20531 Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check _ if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check _ if the State has elected to complete OJP Form 4061/7. E ES WHO A I• As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620 A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: �l rCh 2. Application Number and/or Project Name: 1 3. Grantee IRS/Vendor Number � - 4. Type/Print Name and Title of Authorized Representative �o1UZ CITY OF FORT WORTH Je re W. alstead Chief of Police Date: 39 Z6' W. Daniels Assistant City Manager Date: �¢ OZ . /- APPROVED AS TO FORM AND LEGALITY: Jessfka Sangsvang U " Assistant City Attorney Date: 31a2, Ifz ao� FOR 0 I, p 000 °o � A%*/z 114if /Yo 16a a � 0 it Secre �o° a o ° d a Date: 14— L " 1 a Vt' °a goo° A Authority M&C: Contract Number: 13 --� \ OFFICIAI. RETARY CITY SECRE FT. INORYH: TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/13/2011 -Ordinance No. 20013-12-2011 DATE: Tuesday, December 13, 2011 REFERENCE NO.: **C-25352 LOG NAME: 35FY2011 PSNGRANT SUBJECT: Ratify Application for and Authorize Execution of Agreement Regarding the Project Safe Neighborhood Grant from the North Central Texas Council of Governments in the Amount of $5,000.00 in Order to Participate in a Joint Effort to Reduce Violent Gun Crime and Gang Crime and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Ratify application for a Project Safe Neighborhood Grant from the North Central Texas Council of Governments in the amount of $5,000.00; 2. Authorize acceptance of grant funds, if awarded, by entering into a contract with the North Central Texas Council of Governments for implementation of the project; and 3. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $5,000.00, upon receipt of the grant. DISCUSSION: Project Safe Neighborhood (PSN) is a nationwide network designed to create safer neighborhoods by reducing gang and gun violence and sustaining that reduction. The Police Department will receive funding for PSN enforcement efforts made by the Gang Section. The Gang Section will receive $5,000.00 in grant funding for officer overtime to aid the goal of reducing violent gun and 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 current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451409 035203560000 $5,000.00 GR76 5 (VARIOUS) 035203560010 5 000.00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 35FY2011 PSNGRANT A012.doc (Public) Charles W. Daniels (6199) Paul Henderson (4211) Christy Rodriguez (4244) http://apps.cfwnet.org/ecouncil/printmc.asp?id=16242&print=true&DocType=Print 3/13/2012 M&C Review Page 1 of 2 official site of the City of Fort Worth, Texas �.y-v.�..F7. s:. F., .;.���.�:N; ., '..:Riw. ..,,..-u3".w.0 ,... u»✓�,......,. .... �_."�-. d,hA'� ,.. .�...,..,.:�v^.n.: ,L.�.�,-�m� ,r .F w,.'.._.�..,� ., fit^ „m .,✓.. ,;.,...o- .,,rox �c+�... -.., 3-a ...z�a._,�,. ,..�v. ....cs ,r �.., ,.. ,..y,.-_._� COUNCIL ACTION: Approved on 8/14/2012 - Ordinance No. 20326-08-2012 DATE. 8/14/2012 REFERENCE **C-25785 LOG NAME: 35FY2011 PSNGRANT(2) NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT: Authorize Correction of Mayor and Council Communication C-25352 to Change the Name of the Awarding Agency from the North Central Texas Council of Governments to the Mosaic Family Services for the Project Safe Neighborhood Grant in the Amount of $5,000.00, Repeal Ordinance No. 20013-12-2011 and Adopt Corrected Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the correction of Mayor and Council Communication C-25352 to change the name of the awarding agency from the North Central Texas Council of Governments to the Mosaic Family Services; 2. Repeal Ordinance No. 20013-12-2011; and 3. Adopt the attached corrected appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $51000.00. DISCUSSION: On December 13, 2011, (M&C C-25352) City Council authorized the acceptance of $5,000.00 in grant funds under the Project Safe Neighborhood (PSN) program. M&C C-25352 also authorized the adoption of an appropriation ordinance. After further review of the contract, Staff learned that the fiscal agent under the 2011 PSN grant had changed from the North Central Texas Council of Governments (NCTCOG) to Mosaic Family Services. The NCTCOG was the fiscal agent for the previous year's PSN program, which led to confusion in the current contract. Due to this change, all references to the awarding agency in M&C C-25352 need to be changed from the NCTCOG to the Mosaic Family Services. Additionally, in regard to the fund center information for this grant, the center number needs to be changed from 035203561000 to 035423560000 to reflect reimbursements coming from the Mosaic Family Services rather than the NCTCOG. Finally, appropriation ordinance No. 20013-12-2011 needs to be repealed and a corrected appropriation ordinance needs to be approved. The remaining elements of M&C C-25352 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. TO Fund/Account/Centers GR76 451891 035423560000 5 000.00 GR76 5 5 000.00 jVARIOUS) 035423560010, FROM Fund/Account/Centers http://apps.cfwnet.org/council.packet/mc review.asp?ID=17143&councildate=8/14/2012 9/4/2013 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 35FY201 I PSNGRANT (2) A012.doc PSN2011 M&C.pdf Charles W. Daniels (6199) Jeffrey W. Halstead (4210) Aya Ealy (4239) http://apps.cfwnet.org/council�acket/mc review.asp?ID=17143&councildate=8/14/2012 9/4/2013