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HomeMy WebLinkAboutContract 38737AWARD NUMBER 2008-DJ-BX-0637 105q , V CITY SECRETARY CONTRACT NO. �� 3 THE STATE OF TEXAS COUNTIES OF TARRANT, DENTON AND WISE KNOW ALL BY THESE PRESENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF ARLINGTON AND FORT WORTH, AND COUNTY OF TARRANT, TEXAS 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Memorandum of Understanding is made and entered into by and between the COUNTY of TARRANT, acting by and through its duly authorized representatives, hereinafter referred to as COUNTY; the CITY of FORT WORTH, acting by and through its duly authorized representative, hereinafter referred to as CITY; and the city of Arlington, acting by and through its duly authorized representative, and hereinafter referred to as SUBRECIPIENT ARLINGTON; located entirely within the State of Texas, witnesseth: WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, under the U.S. Department of Justice (DOJ), Bureau of Justice Assistance Fiscal year 2008 Edward Byrne Memorial Grant Program, the DOJ has awarded a total of $228,362 to be distributed as follows: $143,931 to CITY and $84,431 to SUBRECIPIENT ARLINGTON; and WHEREAS, the CITY agrees to provide the COUNTY $23,029 from the CITY'S portion of the JAG award; and SUBRECIPIENT ARLINGTON agrees to provide the COUNTY $13,509 from its portion of the JAG award; and WHEREAS, the CITY has agreed to serve as the fiscal agent for the 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG), and distribute all such funds between the cooperating parties; and WHEREAS, the CITY, SUBRECIPIENT ARLINGTON and COUNTY believe it to be in their best interests to reallocate the JAG funds as set forth herein. 06-23-09 A07:46 Memorandum of Understanding between the Cities of Arlington and Fort Worth, and the County of Tarrant, Texas IN �FFicia� �cORn { cITYSE WAR\FT. WORTH, 04-17-0 9 P02 : 3i3 I N AWARD NUMBER 2008-DJ-13X-0637 NOW THEREFORE, the COUNTY and CITY, and SUBRECIPIENT ARLINGTON agree as follows: Section 1. CITY agrees to transfer a total of $70,922 of the JAG funds to SUBRECIPIENT ARLINGTON after the receipt of such funds from the Department of Justice; CITY agrees to transfer a total of $36,538 from its portion of the JAG funds to COUNTY after the receipt of such funds from the Department of Justice; and SUBRECIPIENT ARLINGTON agrees to transfer a total of $13,509 from its portion of the JAG funds to the COUNTY, after the receipt of such funds. Section 2. CITY agrees to use $120,902 of the JAG funds for the purchase of staffing software and hand held radios; and SUBRECIPIENT ARLINGTON agrees to use $70,922 of the JAG funds for the purchase of personal mobility devices and tactical carbine rifles; and COUNTY agrees to use $36,538 of the JAG funds for the Mental Health -Law Enforcement Liaison Program and the Adult Drug Treatment Court. Section 3. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by any other party. Section 5. This Agreement creates no rights in any third party. Section 6. As to each individual party, this contract incorporates by reference the terms and conditions contained in the following four additional documents, as if set forth at length herein: (1) the Memorandum of Understanding between the CITY and SUBRECIPIENT ARLINGTON; (2) the Memorandum of Understanding between the CITY and COUNTY; (3) the Grant Award Agreement, and (4) the individual municipalities' budgets. With the exception of those aforementioned agreements and/or documents, this contract contains all commitments and agreements of the parties, and no oral or written commitments have any force or effect to alter any term or condition of this agreement, unless in writing and signed by authorized representatives of all parties. Section 7. This agreement is meant to take effect upon execution by the last of the parties hereto. The term of this agreement expires on September 30, 2011, or upon the expiration of the last extension granted by the Department of Justice with respect to this grant, whichever occurs later. Memorandum of Understanding between the Cities of Arlington and Fort Worth, and the County of Tarrant, Texas �)FFICIALREC®RD 2 of 3 CITY SECRETARY AWARD NUMBER 2008-DJ-BX-0637 IN WITNESS WHEROF, the following authorized representatives execute this agreement: CITY OF FORT WORTH, TEXAS gy. �i�� Tom Higgins Assistant City Manager Date: `��� ��09 Contract No.: M&C No.: G-16247 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Date: � U COUNTY OF TARRANT, TEXAS By: ATTEST: City Secretary�� ' Dater 1 2 � Z V APPROVED AS TO F rict Attorney, by: Date: �r�s�t� CITY OF ARLINGTON, TEXAS By: Deputy City Manager Date: Date: Memorandum of Understanding between the Cities of Arlington and Fort Worth, and the County of'I'arrant, Texas 3 of 3 City of Fort Worth, Texas COUNCIL ACTION: Approved on 8/19/2008 —Ord. No. 18224-08-2008 DATE: Tuesday, August 19, 2008 REFERENCE NO.: G-16247 LOG NAME: 35JAGFY08 SUB.IECT: Conduct Public Hearing and Authorize the Application for and Acceptance of a $228,362.00 Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; Authorize the Execution of an Interlocal Agreement with Tarrant County and the City of Arlington; Authorize the City of Fort Worth to Serve as the Cognizant Fiscal Agency; and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing regarding the application for the Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant to allow the public an opportunity to comment as required under the grant application; 2. Authorize the City Manager to apply for and accept, if awarded, a grant from the United States Department oI Justice, Office of Justice Programs, Bureau of Justice Assistance for Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant, not to exceed $228,362.00; 3. Authorize the City Manager to Execute an Interlocal Agreement to have the City of Fort Worth serve as the cognizant fiscal agency for the purpose of administrating this grant; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $228,362.00, subject to receipt of the grant. DISCUSSION: The Edward Byrne Memorial Justice Assistance Grant Program allows state and local governments to support a broad range of activities to prevent crime and to improve the criminal justice system. The City of Fort Worth, along with City of Arlington is required to negotiate with Tarrant County to develop a program budget and strategy. All funds must be pooled, a spending plan must be developed and one agency must serve as the cognizant jurisdiction to apply for and disperse funds. A committee of all impacted law enforcement agencies developed an application strategy and the City of Fort Worth was selected to serve as the cognizant fiscal agency as it has for the past three years in connection with Justice Assistance Grants. A total of $228,362.00 is available to be shared among Fort Worth, Arlington and Tarrant County and will be distributed in the following manner: Jurisdiction Funding Purpose Tarrant County $ 36538.00 Mental Health Liaison and Adult Drug Court City of Arlington $ 70922.00 Purchase of 22 Tactical Carbine Rifles and Four Three —Wheeled Scooters for Special Events City of Fort Worth $ 120902.00 Purchase Law Enforcement Staffing Software and Eight Radios for Ministers Against Crime/Clergy and Police Alliance No matching funds are required. Fort Worth is responsible for submitting the full grant application and will upon receipt of the grant funds, distribute funding to Tarrant County and Arlington, as agreed among the three entities. FISCAL INFORMATION: The Finance Director certifies that upon approval of the recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account(Centers 3R76 5(VARIOUS) 035423304020 $36.538.00 3R76 5(VARIOUS) 035423304030 $70.922.00 GR76 5(VARIOUS) 035423304010 $l20t9O2.00 3R76 451891 035423304000 $228.362.00 CERTIFICATIONS: Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Patricia J. Kneblick (4210) Additional Information Contact: Larry Shaffer (4249) y 1. 35JAGFY08 Rev.doc