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HomeMy WebLinkAboutContract 32073 Contract#2004-GP-CX-0606 FY 2004 CITY SECRETARy STATE OF TEXAS CONTRACT NO. COUNTY OF DALLAS FORT WORTH POLICE DEPARTMENT 350 WEST BELKNAP STREET FORT WORTH,TEXAS and GREATER DALLAS CRIME COMMISSION CONTRACT #2004-GP-CX-0606 Intel Unit 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 two six month operations that will consist of undercover narcotics and firearms buys from an identified criminal organization using confidential informants, undercover ATF agents and undercover FWPD narcotics officers. 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 Page 1 Contract#2004-GP-CX-0606 FY 2004 contract may be immediately reviewed, terminated or reduced at the discretion of the Contractor. B. Amount of Payment. The Foundation shall pay the Subcontractor up to a maximum of$50,000.00 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: Page 2 Contract#2004-GP-CX-0606 FY 2004 a) Between items involve more than the amount designated in Section V.D.I I. above. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved. 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. I. 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 Page 3 Contract#2004-GP-CX-0606 FY 2004 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 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 Page 4 Contract#2004-GP-CX-0606 FY 2004 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. 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`h and May 30`h 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. Page 5 Contract#2004-GP-CX-0606 FY 2004 D. Comply with all applicable federal and state regulations and with Contractor or BJA policies and procedures regarding services delivered under this contract. 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 oflnterest. 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. Page 6 Contract#2004-GP-CX-0606 FY 2004 IX. 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 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 Page 7 Contract#2004-GP-CX-0606 FY 2004 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 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. Page 8 Contract#2004-GP-CX-0606 FY 2004 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiplesi Fort Worth, Tarrant County,Texas, this �/ hjay of A.D. 200 S GREATER DALLAS CRIME COMMISSION Millie DeAnda Executive Director Greater Dallas Crime Commission ATTEST: CITY OF FO WORTH By: City Secretary b Joe Pa is Assistantity Manager APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney By: 'VV ih t' Assistant City Attorney Date: ATTEST: of Contr Ct Ru.-, :zr. izatioa Date 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 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, execution of the contracts, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated of the Grants Fund. Upon receipt of the grant, the interfund loan of $61,000 will be returned to the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 220001000451016000 $61.000.00 GG01 136001 0000000 61,000.00. GR76 451653 035451016000 61 000.00 GR76 _5LVARIOU5) 035451016010 $11,000.00 GR76 5(VARIOUS) 035451016020 550000.00 Submitted for-City Ma_naq s Office b-y.� Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (4210) Additional_Information Contact: Cristi Lemon (4243) Logname: 35PSN2004 Page 2 of 2