HomeMy WebLinkAboutContract 57506 CSC No.57506
City of Fort Worth,
By and Through Its Police Department
Safe City Commission dba One Safe Place
1100 Hemphill Fort Worth, TX 76104
And City of Fort Worth
Contract# 15PBJA-2I-GG-03066-GUNP
This Contract("Contract")is made and entered into by and between Safe City
Commission dba One Safe Place (OSP) acting by and through its duly authorized President,
Ken Sheffer, and the City of Fort Worth (Subrecipient) on behalf of the Fort Worth Police
Department acting by and through its duly authorized Assistant City Manager, Fernando Costa.
OSP and Subrecipient are individually referred to as "Party" and collectively referred to as the
"Parties."The term "OSP" shall include OSP, its officers, agents, employees, representatives,
contractors or subcontractors. The term "Subrecipient" shall include Subrecipient, its officers,
agents, employees,representatives, contractors or subcontractors.
WHEREAS, the Parties agree that enhancing police operations through the purchase of current
technology and equipment in the Project Safe Neighborhood (PSN) designated area will help to
decrease gang and gun crime and create a safer neighborhood, and
WHEREAS,the Parties agree that utilizing a data-driven, collaborative approach will help to
reduce and prevent violence, gang and gun crime, AND
WHEREAS,The U.S. Department of Justice, Office of Justice Programs has authorized OSP, as
Fiscal Agent,to enter into this contract with the Subrecipient for the purpose of providing funds
for items listed in the budget(Sec. V.B.) including the purchase of tools, or minor equipment, to
improve and enhance surveillance operations, such as thermal imaging when searching for
someone who runs or is in hiding, stabilizing binoculars for reading license plates, shields for
safety purposes, emergency lights for unmarked cars, and better surveillance cameras in the PSN
designated area.
NOW,THEREFORE, OSP and Subrecipient enter into this Contract. OSP agrees to pay
Subrecipient for services performed in accordance with this Contract$146,000.00 in accordance
with the provisions of this Contract.
1. CONTRACT DOCUMENTS.
The Agreement documents shall include the following:
1. The contract between Subrecipient and OSP
2. Exhibit A—Award Document
3. Exhibit B—Request for Reimbursement
4. Exhibit C—Performance Measures
5. Exhibit D—Program Activities Report
Exhibits A through D,which are attached hereto and incorporated herein, are made a part of this
Contract for all purposes. In the event of any conflict between the terms and conditions of
City of Fort Worth and Safe City Commission dba One Safe Place OFFICIAL RECORD Page 1 of 8
Contract# 15PBJA-2 I-GG-03 066-GUNP CITY SECRETARY
FT. WORTH, TX
Exhibits A through D, and the terms and conditions set forth in the body of this Contract, the
terms and conditions set forth in the body of this of Contract shall control.
2. CONTRACT MODIFICATION.
This contract may be amended only in writing signed by OSP and Subrecipient.
3. TERM AND TERMINATION.
This Contract shall commence on the date of execution by both parties ("Effective Date") and
shall continue in full force and effect until September 30, 2023, unless terminated earlier in
accordance with the provisions of this Contract. Subrecipient shall be entitled to terminate this
contract for any reason with thirty (30) days' written notice to OSP without any liability or
further obligation to OSP. Subrecipient shall be entitled to reimbursement for all amounts
incurred prior to the date of termination. OSP shall be entitled to terminate this contract in
accordance with the provisions of this Contract.
4. FINANCIAL LIMITATIONS AND CONSIDERATIONS.
A.Funds Availability. Payments to Subrecipient under this contract shall at all times
be contingent upon the availability and receipt of federal funds that 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 OSP.
B. Amount of Payment. Subrecipient's actual cost should be reasonable,necessary
and allowable to provide services under this contract budget for the following
$146,000.00 from available funds for service rendered in accordance with the terms of
this contact upon receipt of a proper and verified billing statement with accompanying
documentation OSP may reduce any payments to the extent of any previous
overpayments by OSP to Subrecipient. If program income accrues,the Subrecipient shall
return to OSP any income that exceeds actual costs incurred for services rendered under
contract. In no event shall payment by OSP to Subrecipient exceed the Subrecipient's
actual reasonable necessary and allowable costs to provide services under this contact
budget.
C.Basis for Payment. Payment of the Program Funds from OSP to Subrecipient
shall be made on a cost-reimbursement basis following receipt by OSP from Subrecipient
of a signed Request for Reimbursement("RFR"), as described in Exhibit"B," and copies
of all receipts and support documentation. Subrecipient shall deliver to OSP a written
Program Activities Report and Performance Measurement Report with each RFR to
support expenditure of Program Funds. Such reports shall be signed by the Subrecipient
or an authorized employee of Subrecipient.
D.Actual Costs. The reimbursement made to the Subrecipient shall not exceed the
Subrecipient's actual costs to provide the services under this contract and the
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Contract# 15PBJA-2 I-GG-03 066-GUNP
Subrecipient's actual costs, both direct and indirect,must be reasonable and allowable
according to the Office of Management and Budget.
Handheld Thermal Imaging $36,000 (6 x $6,000)
(6 units)
Image Stabilizing Binoculars $12,000 (6 x $2,000)
Ballistic shields Level IIIA $15,000 (6 x $7,500)
(6 units)
Ballistic shields Level 4 $12,000 (4 x $6,000)
Communication Gear $42,000 (12 x $3,500)
Emergency Lights $9,000 (6 x $1,500)
Surveillance Cameras/Systems $20,000
Total $146,000.00
E. Scope of Services. To further the goals of the Task Force described in Exhibit C, Fort
Worth Police Department(FWPD) Officers will deploy the enforcement strategies
intended to help reduce gun and gang violence in the PSN designated area. FWPD
Officers will deploy these enforcement strategies at the sole discretion of FWPD.
Although the objective of the enforcement strategies will be to further the Task Force's
goals, the determination of the specific methods and activities of each strategy shall be
determined at the discretion of FWPD. In addition to specific enforcement strategies,
FWPD, in its sole discretion, may undertake any lawful law enforcement or
administrative activity it believes will further the goals of the PSN program. All actions
undertaken by Subrecipient within this scope of service shall be reimbursable under the
terms of this Contract.
F. Payment. OSP shall reimburse Subrecipient's actual costs within thirty(30) days
of receiving the RFR, Program Activities Report, and Performance Measurement Report
from the Subrecipient.
G. Lobbying Limitations. The Subrecipient shall not use any funding under this
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Contract# 15PBJA-2I-GG-03066-GUNP
contract to influence the outcome of elections or the passage or defeat of any legislative
measures.
H. Tares. The Contractor will not be liable for state, local or federal excise taxes
incurred by or payable by Subrecipient. The Subrecipient must 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 Subrecipient must comply with all Federal and State tax laws and
withholding requirements. OSP will not be liable to the Subrecipient of its employees for
any Unemployment of Workers' Compensation coverage, or Federal or State withholding
requirements.
I.Accounting. The Subrecipient shall adhere to Generally Accepted Accounting
Principles (GAAP)promulgated by the American Institute of Certified Accountants n
submitting timely billing and maintaining financial records required to be kept under this
contract.
J. Audit. Acceptance of funds under this contract acts as acceptance of the
authority of the Bureau of Justice Programs (BJA),the Office of Inspector General or
any successor agency,to audit or investigate the expenditure of funds under this contract
or any subcontract.
5. NOTICES.
All notices required or permitted by this Agreement must be in writing and are deemed delivered
on the earlier of the date actually received or the third day following (i) deposit in a United States
Postal Service post office or receptacle; (ii)with proper postage (certified mail,return receipt
requested); and (iii) addressed to the other party at the address as follows or at such other address
as the receiving party designates by proper notice to the sending party:
Subrecipient: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street, Third Floor
Fort Worth, Texas 76102
Copy To: Grants and Program Management Section
Bob Bolen Public Safety Complex
505 W. Felix Street
Fort Worth, Texas 76115
OSP: Ken Shetter, President
Safe City Commission dba One Safe Place
1100 Hemphill Street
Fort Worth, Texas 76104
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Contract# 15PBJA-2 I-GG-03 066-GUNP
6.ADDITIONAL RESPONSIBILITIES OF SUBRECIPIENT.
The Subrecipient 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 Subrecipient, including change of Subrecipient's name or identity,
ownership or control, governing board membership, executive leadership, payee
identification number, or other significant events.
C. Establish a method to ensure the confidentiality of records and other information
relating to clients according to applicable federal and state laws,rules and regulations,
including, but not limited to those set forth in 42 U.S.C. Section 3789g and 28CFR part
22.
D. Subrecipient agrees to comply with applicable state and federal laws,rules,
and regulations regarding conflicts of interest in the performance of its duties
under this contract.
7. 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.
8. FORCE MAJEURE.
OSP and Subrecipient shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts,natural disasters,wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes. The Subrecipient shall inform OSP in writing of proof of such force majeure within a
reasonably prudent time.
9. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
10. GOVERNING LAW.
City of Fort Worth and Safe City Commission dba One Safe Place Page 5 of 8
Contract# 15PBJA-2 I-GG-03 066-GUNP
This contract shall be governed by and construed in accordance with the laws of the State of
Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance of this contract, venue for said action shall lie in Tarrant
County, Texas.
11. HEADINGS NOT CONTROLLING.
Headings and titles used in this Contract are for reference purposes only and shall not be deemed
a part of this Agreement.
12. GOVERNMENTAL POWERS.
Both Parties agree and understand that the Subrecipient does not waive or surrender any of its
governmental powers by execution of this Contract.
13. ENTIRETY OF AGREEMENT.
This Contract, including Exhibits A through D, contains the entire understanding and
agreement between the Subrecipient and OSP, their assigns and successors in interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Contract.
14. INDEPENDENT CONTRACTOR.
Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of OSP. OSP shall operate hereunder as in independent contractor and not
as an officer, agent, servant, or employee of the Subrecipient. Subrecipient shall be solely
responsible for the acts and omissions of its officers,members, agents, servants, and employees.
OSP shall be solely responsible for the acts and omissions of its officers,members, agents,
servants, and employees.Neither OSP nor Subrecipient shall be responsible under the Doctrine
of Respondent Superior for the acts and omissions of the officers,members, agents, servants, or
employees of the other. Nothing in this Contract shall waive any statutory or common-law
immunity or defense of Subrecipient or OSP.
15. LIABILITY.
To the extent allowed by law, each of the parties shall be liable and responsible for any damages
or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of
each of its respective officers, agents, servants, or employees.
Section 15 shall survive the termination or expiration of this Contract.
16. REVIEW OF COUNSEL.
The Parties acknowledge that each party and its counsel have reviewed this Contract. The Parties
agree that the tenant of contract construction that any ambiguity should be construed against the
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Contract# 15PBJA-2 I-GG-03 066-GUNP
drafter shall not apply as to this Contract.
17. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her respective Party, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the entity. The
other Party is fully entitled to rely on this warranty and representation in entering into this
Agreement.
[Signature Page Follows]
City of Fort Worth and Safe City Commission dba One Safe Place Page 7 of 8
Contract# 15PBJA-2 I-GG-03 066-GUNP
TN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on
this,the day of 32022.
CITY OF FORT WORTH: SAFE CITY COMMISSION dba ONE
SAFE PLACE
By:� — By: (D/s�:�
Fernando Costa Ken Shetter
Assistant City Manager President
Date: Apr 27,2022 Date: �'—
APPROVAL RECOMMENDED BY:
By:Neil Noak55 CDT)
Neil Noakes
Chief of Police
Date:Apr 27,2022
APPROVED AS TO FORM AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney oa4�OR
ICY Xy of°F°°°°r�yaa
ATTEST: a o
goo° °o�2� Contract Authorization:
Jannette Goodall �p o° °o�c M&C: 21-0796
City Secretary �aa4 i°°°°°5 dam Date: 05/03/2022
��nEap oa FORM 1295 Certification No.
Contract Compliance Manager:
By signing,I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
S�S �
Sarah Shannon, Grants Manager
City of Fort Worth and Safe City Commission dba One Safe Place Page 8 of 8
Contract# 15PBJA-2I-GG-03066-GUNP
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTI1
Create New From This M&C
DATE: 10/12/2021 REFERENCE NO.: **M&C 21-0796 LOG NAME: 35FY21-PSN
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT. (ALL) Ratify Application for, and Authorize Acceptance of, if Awarded, United
States Department of Justice, Bureau of Justice Assistance, One Safe Place, Project
Safe Neighborhood Grant to Occur in Fiscal Years 2022-2023 in an Amount Up to
$189,000.00, Authorize Execution of Related Grant Agreement, and Adopt Attached
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify application for, and authorize acceptance of, if awarded, United States Department of
Justice, Bureau of Justice Assistance, One Safe Place, Project Safe Neighborhood grant, in an
amount up to $189,000.00 for Fiscal Years 2022-2023;
2. Authorize the execution of a grant agreement with One Safe Place; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund subject to the receipt of the grant in an amount up to
$189,000.00 for the purpose of funding specialized minor equipment and training for the Fort
Worth Police Department Gang Unit.
DISCUSSION:
The purpose of the United States Department of Justice, Bureau of Justice Assistance, One Safe
Place, Project Safe Neighborhood grant is to reduce gun and gang violence by the most violent
individuals in target neighborhoods by employing a research-driven, intelligence-led, and problem-
solving approach to reducing firearm and gang violence through enforcement, deterrence, and
prevention. The funds will support the purchase of minor equipment and training to enhance the
Gang Unit's current best practices for enforcement, deterrence, and prevention. The minor equipment
is not standard department issue. Training will take place through attendance at national conferences.
The grant period for this award is from 10/01/2021 to 09/30/2023.
Funding in an amount up to $189,000.00 will be used for safety and surveillance equipment and
training. The City is not required to provide matching funds. Indirect cost is not applicable as a budget
category under this grant.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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, in the Grants Operating Federal Fund. The Police Department
(and Financial Management Services)will be responsible for the collection and deposit of funds due
to the City. Prior to an expenditure being incurred, the Police Department has the responsibility to
validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
F 6illid Department Account Project Program Activity Budget Reference# Amount
ID ID I Year Chartfield 2
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Heidi Yaple (4228)
ATTACHMENTS
35FY21-PSN 21001 AO(r3)-Current.docx (Public)
FID PSN FY2022-23.xlsx (CFW Internal)