HomeMy WebLinkAboutContract 31963 Contract#2004-GP-CX-0606
FY 2004
STATE OF TEXAS CITY SECRETARYr"_` r
COUNTY OF DALLAS CONTRACT NO .
FORT WORTH POLICE DEPARTMENT
350 WEST BELKNAP STREET
FORT WORTH, TEXAS
and
GREATER DALLAS CRIME COMMISSION
CONTRACT #2004-GP-CX-0606
DFW FAST
Effective Dates: October 1, 2004 through September 30, 2006
I. Parties. Greater Dallas Crime Commission ("GDCC" or"Contractor") and
Fort Worth Police Department ("Subrecipient" or"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. U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance ("BJA") has authorized GDCC, as
Fiscal Agent, to enter into this contract with the Subcontractor for the purpose
of providing officers overtime to assist with the DFW FAST TEAM.
III. Governing Law. This contract shall be governed by and construed in
accordance with the laws of the State of Texas.
IV. Contract Modification. This contract may be amended only in writing signed
by GDCC and the Subrecipient.
V. 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 the Contractor.
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FY 2004
B. Amount of Payment. The Foundation shall pay the Subcontractor up to a
maximum of$11,000.00 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. Contractor
may reduce any payments to the extent of any previous overpayments by
Contractor to Subrecipient. 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
by Contractor to Subrecipient 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 shall follow and be subject to fiscal and billing policies and
procedures of the Contractor and BJA. The Contractor is not obligated to
pay unauthorized costs or to pay more than the 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 Contractor 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 Contractor approval, transfers between line items of a
budget will be allowed if described and 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 BJA, which do not result in a
significant change in the character or scope of the program.
2. Contractor's prior written approval is required for budget
reallocations when transfers:
a) 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.
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FY 2004
b) Regardless of the amount, 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.
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
Subcontractor shall notify appropriate local law enforcement authorities.
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.
1. Taxes. The Contractor will not be liable for state, local, or federal excise
taxes incurred by or payable by Subcontractor. The Subcontractor 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
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 hold Contractor harmless from all
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FY 2004
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 the acts or omissions on the part of the
Subcontractor, its agents, employees, representatives, or program
participants. 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. [Insurance Requirements]
K. Force Majeure. The Subcontractor shall be 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 a reasonably
prudent time 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 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. Subcontractor shall have a financial audit
performed by a recognized national or regional independent audit firm,
and provide a copy of the audit report and management letter to
Contractor annually, within 30 days of receipt from the auditor.
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, clam ,
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FY 2004
audit findings are resolved. 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 or BJA. Subcontractor shall reimburse the Contractor
and/or BJA of any amount paid in excess of the proper billing amount.
VI. Reporting and Copying Requirements. The Subcontractor shall submit semi-
annual self-evaluation reports on November 30`t' and May 30th of each year.
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, executive leadership, payee identification number, or other
significant events.
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 designated official Contractor and BJA signatories.
Request for approval must be submitted in writing, if required by
Contractor, and include the qualifications of the subcontractor to perform
and meet the standards of this contract.
D. Comply with all applicable federal and state regulations and with
Contractor or BJA policies and procedures regarding services delivered
under this contract.
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FY 2004
E. 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 28 CFR Part 22.
F. Subrecipient acknowledges, regardless of their type, the monetary
amount awarded or the number of employees in the workforce is
subject to the prohibitions against discrimination in any funded
program or activity. The U.S. Department of Justice Office of Civil
Rights may require Subrecipient through selected compliance reviews,
to submit data to ensure Subrecipient's services are delivered in an
equitable manner to all segments of the service population and
Subrecipient's employment practices comply with equal employment
opportunity requirements.
G. Conflicts of Interest. 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 contract.
VIII. Service Provisions. The Subcontractor agrees to provide services as specified
in the Detailed Service Description (Attachment A) and shall be eligible for
reimbursement for expenses only under the circumstances described in this
contract. The Detailed Service Description, submitted in conjunction with the
contract and budget as supporting materials, shall contain the following items:
1. a detailed program description;
2. inclusive dates for service provision;
3. goals of the program and/or service, including the impact on
reducing gun crime;
4. days and hours during which services will be provided; and
5. name of organization responsible for providing services and the
location where the services will be provided.
Changes to the type of service to be provided, or requiring development of a new
subcontract, must be approved in advance by the 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. Provisions for Termination of Contract and Contract Dispute Resolution.-
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Contract#2004-GP-CX-0606
FY 2004
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 by any governmental authority.
.C. The Contractor, based on information from monitoring or other verifiable
sources, may terminate this contract for cause or take other actions if
Subcontractor breaches a material term of this contract that is not cured
within thirty(30) days from the date of notice by Contractor. In addition,
Contractor may(a) recoup payments made to the Subcontractor based on
audit findings or violations of contract requirements, or(b) suspend,
place into abeyance or remove any contractual rights to include, but
which are not limited to, withholding of payment during the period
Subcontractor is in breach, which has not been cured.
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 IX. A. and B. above. This contract shall
otherwise terminate by the date specified pursuant to Section XI 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. Dispute Resolution. The parties shall negotiate with each other in good
faith to settle any dispute or claim arising from or relating to this
Contract. If the parties fail to resolve the dispute or claim within thirty
(30) days, the parties shall submit the dispute or claim to binding
arbitration using the rules of procedure of the American Arbitration
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Contract#2004-GP-CX-0606
FY 2004
Association then in effect. The place for arbitration shall be Dallas,
Texas. The arbitration shall be conducted by three (3) arbitrators selected
by mutual contract who will have expertise in the subject matter. The
arbitrator shall determine the rules of procedure, scheduling order and all
other matters relating to discovery and the hearing. Each party will bear
its own expenses, including attorneys' fees, except that the parties shall
equally share the fees of the arbitrator. The arbitrator may award
damages only as provided in this contract, but in no event may punitive
damages be awarded regardless if claimed by a party. Nothing in this
section shall prohibit or otherwise limit a party's right to initiate litigation
to enforce the arbitrator's award, to obtain injunctive or equitable relief
permitted by the terms of this contract, or to preserve a superior position
with respect to other creditors. This Section shall survive the termination
of this contract.
X. 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. Detailed Service Description
B. Budget and Budget Narrative for FY 2004
C. Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-free Workplace Requirements (See
Attached OJP FORM 4061/6 (3-91))
XI. Execution of Contract Renewal. 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 offunds under this contract acts as acceptance of the authority of the BJA, the Office
oflnspector General or any successor agency, to audit or investigate the expenditure offunds
under this contract or any subcontract.
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FY 2004
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, thisa s'/'day of ,
A.D. 200,46-
GREATER
005GREATER DALLAS CRIME COMMISSION
Millie DeAnda
Executive Director
Greater Dallas Crime Commission
ATTEST: CITY OF FORT RTH
By:
City Secreta Joe Pa
Assist t City Manager
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
BY.q ,
Assistant City Attorney
Date:
ATTEST:
contract AuthorIzaltioil A
Date - �rf��" i,,� `'- •-
•,, 1.
Page 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2005 - Ord. #16363-04-2005
DATE: Tuesday, April 05, 2005
LOG NAME: 35PSN2004 REFERENCE NO.: **G-14736
SUBJECT:
Authorize Execution of Contracts with the Greater Dallas Crime Commission for Reimbursement of
Overtime Funds Spent on Project Safe Neighborhood Activities; Authorize Inter-Fund Loan; and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute contracts with the Greater Dallas Crime Commission, fiscal agent
for the Dallas/Fort Worth Metroplex Project Safe Neighborhood initiatives, for the purpose of reimbursement
of overtime expenses for approved projects in an amount not to exceed $61,000;
2. Authorize a non-interest bearing inter-fund loan from the General Fund to the Grants Fund in the amount
of$61,000 for interim financing of this grant project pending contract execution; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $61,000.
DISCUSSION:
Project Safe Neighborhoods is a federal program that is coordinated through the United States Attorney's
Office and provides funds for various collaborative initiatives at the local level. The Fort Worth Police
Department has been participating in two projects since 2004. The Fort Worth Police Department was
selected to continue to be a sub-recipient of Project Safe Neighborhood grant funds for the FY-2004 fiscal
year. Upon approval of this M&C, City staff will execute appropriate contracts as described below:
DFW FAST
In collaboration with the U.S. Marshal Service, the Dallas/Fort Worth Fugitive Apprehension Strike Team
(DFW/FAST) has been formalized as a task force with participating agencies across the metroplex to
investigate local, state and federal fugitive cases in Dallas, Tarrant and surrounding counties. The
agreement will commit one full-time officer to the task force with reimbursement of all eligible overtime
expenses not to exceed $11,000.
Intel Unit
This project is intended to provide overtime reimbursement not to exceed $50,000 for Fort Worth Police
Department officer participation in several operations targeting areas with high gun crime and violent gang
and narcotics activity.
The Greater Dallas Crime Commission is acting as the fiscal agent for 2004 PSN grant funds and the City
of Fort Worth will be a sub-recipient of grant funds for the two projects described above. Funds will be
provided to the City of Fort Worth on a reimbursement basis.
Logname: 35PSN2004 Page 1 of 2