HomeMy WebLinkAboutContract 31447 Contract#2003-GP-CX-0157
FY 2003
STATE OF TEXAS
COUNTY OF DALLAS
City of Fort Worth, Texas
DFW F.A.S.T.
350 W. Belknap Street
Ft. Worth, TX 76102
and
Baylor Health Care System Foundation
CONTRACT#2003-GP-CX-0157
(CFDA# 16.609)
Effective Dates: October 1, 2002 through September 30, 2005
I. Parties. Baylor Health Care System Foundation (`BHCSF" or"Contractor")
and City of Fort Worth, Texas("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 BHCSF, as
Fiscal Agent, to enter into this contract with the Subcontractor for the purpose
of providing overtime funds for Law Enforcement to participate in DFW
F.A.S.T. to apprehend violent criminal fugitives.
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 BHCSF 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
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Contract#2003-GP-CX-0157
FY 2003
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$10,890 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 douars ($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:
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FY 2003
a) Between items involve more than the amount designated in
Section V.D.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
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. rrN., o�
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FY 2003
J. Compliance. If the Contractor believes that the Subcontractor has not
complied with the terms of this contract, the Contractor will notify the
Subcontractor in writing, specifying the alleged non-compliance.
Subcontractor shall have thirty(30) days from the date of receipt of such
notice to correct the alleged deficiency or to notify the Contractor in
writing if Subcontractor disagrees with the Contractor.
K. 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.
L. 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. Contract period means the beginning date
through the ending date specified in the original contract; extensions are
considered to be separate contract periods.
M. Reviews. The Subcontractor shall cooperate fully in any 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 July 5`h and January 5th of each year for the
preceding 6 months. 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
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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. Refrain from transferring or assigning this contract or from entering into
any subcontract for the services under this contract without prior written
approval from Contractor. 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.
C. Comply with all applicable federal and state regulations and with
Contractor or BJA policies and procedures regarding services delivered
under this contract.
D. 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 CFR Part 22.
E. 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.
F. 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
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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:
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 if Subcontractor fails to
submit semi-annual self-evaluation reports within six months of the July
5th and January 5th of each year for the preceding six(6)months or fails
to comply with the Review process described in V.N. above, and does not
cure such failure within thirty (30) days from the date of receipt of the
Contractor's notice to correct the alleged deficiency or to notify the
Contractor in writing if Subcontractor disagrees with the Contractor.
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.
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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
Association then in effect. The place for arbitration shall be Tarrant
County, 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 2003
C. Certifications Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-free Workplace Requirements (See
Attached OJP FORM 4061/6 (3-91))
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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 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 offunds
under this contract or any subcontract.
FORT WORTH POLICE DEPARTMENT,CITY OF FORT WORTH,TEXAS:
:24 A"I DATE:
Ralph Mendoza
Title: Chief of Police
APPROVED AS TO FORM AND LEGALITY:
DATE: -� - i,! 0 S
Assistant City Attorney
APPROVED O CITY MANAGER'S OFFICE:
Z YC pot"n, I DATE: 2 - 7
Assist fit
ager
ATTEST:
v \04�� DATE: 3 ' - "Z,o o
City Secretary
Authorized by M& C: G-14324 and ORD. 15942 dated 4/6/2004
BAYLOR HEALTH CARE SYSTEM FOUNDATION
WDO DATE:
Renee L. Day
Vice President, Finance
Baylor Health Care System Foundation
1617
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/6/2004 - Ordinance No. 15942
DATE: Tuesday, April 06, 2004
LOG NAME: 35PSNOPERATION REFERENCE NO.: **G-14324
SUBJECT:
Approval of Contracts with Baylor Health, Crime Prevention Resource Center, and the Dallas/Fort
Worth Fugitive Apprehension Strike Team to Collaborate on Project Safe Neighborhoods Initiatives
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a contract with Baylor Health, the fiscal agent for 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 $46,568.00; and
2. Approve a contract with the Dallas/Fort Worth Fugitive Apprehension Strike Team (FAST) to provide
one full-time Fort Worth Police Officer to the task force, for purposes of collaboration in a Project Safe
Neighborhood initiative and mutual cooperation; and
3. Approve a contract with the Bureau of Alcohol, Tobacco, and Firearms (ATF) in a Project Safe
Neighborhoods initiative to target areas yielding high gang crime and violent gang and narcotics activity;
and
4. Approve a contract in an amount not to exceed $35,575, with the Crime Prevention Resource Center
to accept, if awarded, matching reimbursement funds for the ATF project; and,
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $82,143 from available funds.
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 invited to participate in two such projects as sub-recipients. Upon approval of this
M&C, staff will execute appropriate contracts as described below. Both projects will be coordinated through
the United States Attorney's Office-Northern District of Texas.
DFW FAST
In collaboration with the U.S. Marshal Service, the Dallas/Fort Worth Fugitive Apprehension Strike Team
(D/FW FAST) has been formalized as a task force with participating agencies across the metroplex. This
formal task force replaces a previous ad hoc group known as the Dallas/Fort Worth Violent Offenders Task
Force. D/FW FASTs main objective is to investigate local, state, and federal fugitive cases in the
metropolitan area consisting of 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 expected to
exceed $10,993. The officer will be taken from existing resources, since it is expected that participation in
the task force will enhance department efficiency, by avoiding duplicate investigations across agencies.
Looname- 35PSNOPF.R ATION Part,- 1 of 7
Bureau of Alcohol, Tobacco, and Firearms
This project is intended to provide overtime reimbursement not expected to exceed $50,400 for Fort Worth
Police Department officer participation in several operations targeting areas with high gun crime and violent
gang and narcotics activity. The funding is also expected to provide up to $20,750 in funding for various
surveillance tools including computers, digital video/audio recorders, GPS trackers, etc. Only half of the
project funds are expected to be available through Project Safe Neighborhoods. Federal funds are
earmarked for half of these project expenses, and the Crime Prevention Resource Center is considering
providing matching funds from anticipated Fort Worth Safe Cities grant funding on a reimbursement basis to
fully fund the project. A decision on this funding is expected in April.
Both projects involve Baylor Health, acting as the fiscal agent for the Project Safe Neighborhoods program
in this area, reimbursing for overtime expenditures that meet the guidelines of each project. Due to the
timeliness of the grant applications, the Fort Worth Police Department previously indicated a willingness to
participate to the project organizers. In the event that the City Council does not approve this action, support
for the programs may be withdrawn.
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.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451966 035447927000 $10.993.00
GR76 5(S ARIOUS) 035447927010 $10.993.00
GR76 451966 035447928000 $35.575.00
GR76 451976 035447928000 $35.575.00
GR76 5(S ARIOUS) 035447928010 $71.150.00
Submitted for City Manager's Office b Joe Paniagua (6191)
Originating Department Head: Ralph Mendoza (48386)
Additional Information Contact: Susan Alanis (48304)
Cristi Lemon (48066)
Logname- 35PWOPRRATTON