HomeMy WebLinkAboutContract 36652 is
JY SEC
TAR
Y CON R CTENO Y
INTERLOCAL COOPERATION CONTRACT
STATE OF TEXAS §
COUNTY OF Travis
I. PARTIES
This Interlocal Cooperation Contract ("Contract') is made and entered into between:
A. The RECEIVING AGENCY: The Texas Department of Public Safety (TXDPS), an
agency of the State of Texas, and
B. The PERFORMING AGENCY: City of Fort Worth of Tarrant County , a
local political subdivision of the State of Texas.
II. OVERVIEW
A. The State of Texas plans to organize and deploy state agency and local government
law enforcement personnel and equipment to participate in a project to enhance
border security along the Texas-Mexico border by supplementing the border security
efforts of Federal agencies. This project is designated as the "Border Security
Enhancement Operations (BSEO)" project. The RECEIVING AGENCY has received
a Federal grant to plan, coordinate, and carry out this project.
B. Local governments and law enforcement agencies have been requested to
participate in this project as Performing Agencies. Representatives of cooperating
local and state agencies will assist in planning a series of joint border security
operations that will be conducted for limited period in specific areas of the border.
The RECEIVING AGENCY will reimburse certain operational expenses, described in
Tab A, incurred by the PERFORMING AGENCY for project activities using grant
funds awarded for this purpose. The purpose of this Contract is to set forth the terms
and conditions under which TXDPS, as the RECEIVING AGENCY, will provide
funding to reimburse the PERFORMING AGENCY for its expenses relating to this
project.
III. DEFINITIONS
Terms not defined in this Contract or by relevant statutes shall be given their ordinary
meanings.
IV. GOVERNING LAW
This Contract is entered into pursuant to Texas Government Code Chapter 791 and is
subject to the laws and jurisdiction of the State of Texas and shall be construed and
interpreted accordingly.
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V. VENUE
The parties agree that the venue for any suit arising from the interpretation or
enforcement of this Contract shall be Travis County, Texas.
VI. SCOPE OF CONTRACT
A. The PERFORMING AGENCY agrees to provide one or more representatives to take
part in planning joint state-local border security operations in which it will participate
and to take part in the post-operation review of such operations.
B. The RECEIVING AGENCY agrees to reimburse the PERFORMING AGENCY for
allowable actual expenditures, as described in Tab A, incurred during border security
operations conducted as part of the BSEO project.
C. The PERFORMING AGENCY agrees and understands that the determination of
allowable expenditures under this agreement will be made by TXDPS at its sole
discretion according to the applicable grant guidance.
VII. COMPLIANCE WITH LAW
The PERFORMING AGENCY understands and agrees that it will comply with all local,
Texas and federal laws in the performance of this Contract, including relevant
administrative rules adopted by the TXDPS.
VIII. REIMBURSEMENT PROCEDURES
A. The PERFORMING AGENCY agrees to:
1. Submit all requests for reimbursement eligible expenses, as described in Tab
A, for each field operation to TXDPS as soon as possible, but no later than 45
days after the end of the operation.
2. Utilize the BSEO reimbursement forms provided by TXDPS and include
required supporting documentation described in Tab A.
B. Expenses incurred for activities conducted prior to or after scheduled BSEO field
operations are not reimbursable.
C. THE RECEIVING AGENCY will make a good faith effort to process all
reimbursement requests submitted in accordance with this Contract within thirty (30)
working days from the date of receipt.
IX. CONTRACT AMOUNT
The total amount of this contract shall not exceed $105,826.10
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X. LITIGATION AND INDEMNITY
Each party may participate in the defense of a claim or suit related to the subject matter
of this Contract, but no costs or expenses shall be incurred for any party by the other
party without written consent.
XI. CONTRACT MODIFICATION
No modifications, amendments or supplements to, or waivers of, any provision of this
Contract shall be valid unless made in writing and signed by both parties.
XII. SEVERABILITY
If any provision of this Contract or the application of any provision to any party or
circumstance is held by a final judgment or order of a court of competent jurisdiction to
be illegal, invalid or unenforceable, such provision shall be fully severable. This Contract
shall be construed and enforced as if such illegal, invalid or unenforceable provision had
never comprised a part hereof, and the remaining provisions shall remain in full force
and effect and shall not be affected by the illegal, invalid or unenforceable provision or
by its severance therefrom.
XIII. MULTIPLE COUNTERPARTS.
This agreement may be executed in a number of identical counterparts, each of which
shall be deemed an original for all purposes and all of which constitutes collectively, one
agreement. But, in making proof of this agreement, it shall not be necessary to produce
or account for more than one such counterpart.
XIV. EFFECTIVE DATE OF CONTRACT
This Contract shall be in effect from 22 January 2007 and shall terminate on
29 January 2007..
XV. TERMINATION
A. Either party, upon thirty days written notice to the other party, may terminate this
Contract prior to the date specified above.
B. Notwithstanding any other contract provisions, the Parties hereto understand and
agree that the obligations of TXDPS under this contract are contingent upon the
availability of federal grant funding to meet TXDPS liabilities hereunder. If these
funds become unavailable to TXDPS, TXDPS may immediately terminate this
contract without penalty to, or any liability whatsoever on the part of TXDPS, the
State of Texas and the United States.
XVI. NOTICE
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Any notice required or permitted under this agreement shall be directed to the
respective parties at the addresses shown below. Notice shall be is effective upon
receipt or three days after deposit in the U.S. mail, whichever occurs first.
For the RECEIVING AGENCY:
Gisela Ryan-Bunger, Operations Section Administrator
Governor's Division of Emergency Management
P.O. Box 4087, Austin, Texas 78773-0224.
For the PERFORMING AGENCY:
City of Fort Worth
Attention: Jerry Chandler
350 W. Belknap
Fort Worth, TX 76102
XVII. AUDIT
A. The PERFORMING AGENCY must comply with the provisions of the Single Audit
Act, which requires that entities that expend $500,000 or more in federal funds from
any source in a fiscal year must have a single audit conducted in accordance with
Office of Management & Budget Circular A-133.
B. TXDPS reserves the right to audit the PERFORMING Agency's records and
documents regarding compliance with this contract. The PERFORMING AGENCY is
also subject to audit by any other department or agency, including federal agencies,
responsible for determining that the Parties have complied with the applicable laws.
The State Auditor may conduct an audit or investigation of any entity receiving funds
from the State of Texas directly under this contract or indirectly through a
subcontract under this contract. Acceptance of funds directly under this contract or
indirectly through a subcontract under this contract acts as acceptance of the
authority of the State Auditor to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation by the State
Auditor must provide the State Auditor with access to any information the State
Auditor considers relevant to the investigation or audit.
XVIII. RECORDS RETENTION
The PERFORMING AGENCY must keep all records and documents regarding this
contract for the term of this contract and for four(4) years after the termination of this
contract.
XIX. OTHER TERMS & CONDITIONS
The purpose of the specific grant funding this contract is to support the enforcement of
Texas law. Immigration enforcement is a federal issue and therefore not eligible for
reimbursement under this contract.
XX. SIGNATORY AUTHORITY
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The undersigned signatory for the agency that is a party to this Contract hereby
represents and warrants that he/she is an officer of the organization for which he/she
has executed this agreement, and that he/she has full and complete authority to enter
into this agreement on behalf of the agency.
RECEIVING AGENCY PERFORMING AGENCY
Texas Department of Public Safety City of Fort Worth
5 s—c—a-F Y b a r r a Joe ni a
Chief of Finance Title: Assistant Citv Manager
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
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L ann duziiiar Date
Assistant City Attorney Attested By:
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City 31ecretary
LON-1.�...
::or. act Authorization
Date
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Tab A
REIMBURSEMENT GUIDANCE FOR THE
BORDER SECURITY ENHANCEMENT OPERATIONS (BSEO) PROJECT
1. The RECEIVING AGENCY, the Texas Department of Public Safety (TXDPS) will reimburse
the PERFORMING AGENCY for the following expenses incurred in participating in
authorized operational activities of the BSEO project:
A. Personnel Expenses
1) TXDPS will reimburse overtime expenses for eligible PERFORMING AGENCY
personnel participating in BSEO. Eligibility for overtime is determined by the
PERFORMING AGENCY's standing overtime policy. Special overtime provisions
may not be promulgated for BSEO.
2) TXDPS will reimburse the PERFORMING AGENCY for salary costs for part-time or
reserve personnel activated to participate in BSEO. In the case of reserve deputies
or police reserves, reimbursement is limited to the compensation authorized by city
councils or county commissioners courts pursuant to §141.007 and §152.075 of the
Local Government Code.
3) Backfill costs for permanent personnel participating in BSEO operations and
personnel expenses for elected officials are not eligible for reimbursement.
4) Reimbursements for personnel costs will be limited to the TXDPS approved number
of personnel for each BSEO field operation.
B. Travel, Lodging, & Per Diem Expenses
1) Travel, lodging, and per diem costs will be reimbursed for personnel who reside
more than 50 miles from their BSEO duty station.
2) Travel costs will be reimbursed only for personnel who are required by the
PERFORMING AGENCY to drive their privately owned vehicles to or from their
BSEO duty station. Reimbursement will be at the state mileage reimbursement rate
of 44.5 cents per mile for travel to and from the BSEO duty station.
3) Reimbursement for travel to the field operations area in government vehicles should
be claimed as an operating expense; see Operating Expenses below.
4) Lodging expense will be reimbursed at the state rate, which is the lesser of actual
expense or$85 per night. Copies of lodging receipts must be provided with
reimbursement requests.
5) Meal expenses will be reimbursed at the actual cost of meals, not to exceed $36 per
day. Meals may not be claimed as expenses if they are provided at no cost by a
governmental entity or a volunteer group.
C. Operating Expenses
1) he following operating costs incurred during BSEO field operations may be
reimbursed:
a) Operating costs for vehicles at the rate of 44.5 cents a mile.
b) The cost of fuel and lubricants for aircraft, boats, generators, and similar
equipment.
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c) The cost of consumables, such as flashlight and radio batteries, film, flares, and
first aid supplies. The cost of ammunition is not reimbursable.
d) The cost of minor emergency repairs, such as tire repair or fan belt replacement,
to vehicles or equipments being used in BSEO operations, limited to a maximum
of$150 per repair.
e) Costs for rentals of equipment or services critical to success of the BSEO and
that have been pre-approved by TXDPS. See details below.
5) Reimbursements for the PERFORMING AGENCY'S operating expenses will be
limited to eligible costs for the number and types of equipment approved by TXDPS
for use in each BSEO operation during the planning phase.
2. Equipment Purchases and Rentals
A. This is not an equipment acquisition program and expenses incurred to purchase
equipment are not reimbursable.
B. Equipment rental expenses, except those specifically authorized by the Division of
Emergency Management during the BSEO operational planning process conducted prior
to field operations, are not reimbursable. Approved equipment rental expenses should
be claimed as operating costs.
3. Reimbursement Requests
A. Claims for reimbursement of expenses must be supported by documentation that proves
the expense has been incurred or paid. Appropriate documentation includes:
1) Personnel expenses: copies of paychecks, official payroll rosters, or payroll reports
that show the amount paid to individuals for which reimbursement is requested
2) Lodging expense: copy of hotel or motel bill
3) Operating expense for vehicles: vehicle use logs showing the unit number, dates of
use, and daily mileage.
4) Other operating expenses: itemized receipts & paid invoices that include the date of
purchase and describe the items purchased. Receipts that simply state the total paid
cannot be accepted.
B. Reimbursement requests should be submitted as soon as required documentation has
been collected and compiled and required reimbursement forms have been completed,
but no later than 45 days after the end of a BSEO operation.
B. Reimbursement requests should be sent to:
By mail:
Gisela Ryan-Bunger, Operations Section Administrator
Governor's Division of Emergency Management 00e
P.O. Box 4087, Austin, Texas 78773-0224.
By courier:
As above, except the last line should be amended to:
5805 North Lamar Blvd., Austin, Texas 78752
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2007 - Ordinance No. 17446-03-2007
DATE: Tuesday, March 20, 2007
LOG NAME: 35BSE02007 REFERENCE NO.: **G-15639
SUBJECT:
Authorize the Acceptance of a Grant from the Texas Department of Public Safety to Participate in
the Border Security Enhancement Operation Project and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept grant funds from the Texas Department of Public Safety (TXDPS)
a combination of Federal and State grant funds, in an amount not to exceed $105,826.10 for reimbursement
of overtime, travel and necessary lease equipment;
2. Authorize the Police Department to participate in this Interlocal Cooperative Grant with the TXDPS and
commit personnel and equipment resources per the agreement; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund By $105,826.10.
DISCUSSION:
The State of Texas, under TXDPS, is organizing and deploying selected local government and law
enforcement personnel to participate in a project to enhance border security along the Texas-Mexico border
by supplementing the border security efforts of Federal Agencies. The project is designated as the Border
Security Enhancement Operation (BSEO) Project. The Police Department will assist TXDPS in planning a
series of joint border security operations that will be conducted for limited periods of time in specific areas
along highway access routes to and from the border; all within the corporate limits of the City of Fort
Worth. The FW Police Department's role will be to conduct additional patrol and enforce state and local
laws on these highways and to coordinate with federal agencies by notifying them of possible federal
violations, if any are observed. The Police Department will be reimbursed for operational expenses for the
overtime of one Police Officer and Supervisor, vehicle mileage, meals, and any necessary equipment
leases related to the project.
The project term is January 22, 2007 through July 31, 2007.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in
the Grant Fund.
Logname: 35BSE02007 Page 1 of 2
a
TO Fund/AccounVCenters FROM Fund/Account/Centers
GR 76 488275 035441165000 $105,826.10
GR 76 5 VARIOUS 035441165010 $105,826.10
Submitted for City Manager's Office b Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Kara Shuror(4221)
Logname: 35BSE02007 Page 2 of 2