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HomeMy WebLinkAboutContract 30314 ITY SFC'�''TARY JONTRAC THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND COUNTY OF TARRANT, TEXAS 2004 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUND This Agreement is made and entered into this -. y of - I , 2004, by and between the COUNTY OF TARRANT, acting herein by and through i --governing body, the Commissioners Court, hereinafter referred to as COUNTY and the CITY OF FORT WORTH, acting herein by and through its governing body, the City Council, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001 - 791.029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both 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, the CITY agrees to provide Tarrant County $44,492.00 from the Local Law Enforcement Block Grant Fund and grant matching funds for the Tarrant County Adult Drug Court: and WHEREAS, the CITY agrees to provide Tarrant County $10,931.00 from Local Law Enforcement Block Grant Fund for the Tarrant County Mental Health Liaison Program; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the Local Law Enforcement Block Grant funds; NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of$55,423.00 of Local Law Enforcement Block Grant Funds and grant matching funds. Section 2. COUNTY agrees to use $44,492.00 for the Tarrant County Adult Drug Court until GeFrtember 30, 2006 and $10,931 for the Tarrant County Mental Health Liaison Pro r m. Page 1 Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. 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 those services by the other party. Section 6 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY O FO WO TH, TEXAS COUNTY OF TARRANT, TEXAS %�SCity M n r County Judge ATTEST: APPROVED S TO FORM: ,itL ` 'City, ecretary Assis District Attorney* APPROVED AS TO FORM: S&-- Contract Authorization 3 0- . City Attorney Date 'By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for.the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their,own respective_attorney(s). Page 2 .......... May 28, 2004 Mary F. Santonastasso Director of State and Local Assistance Bureau of Justice Assistance 810 7`' St.NW Washington, D.C. 20531 Dear Ms. Santonastasso: On May 28, 2004, the State Attorney General certified Tarrant County as a "disparate jurisdiction" under the Local Law Enforcement Block Grant program. The Attorney General restricted the funding disparity issue to the Cities of Fort Worth, Arlington, Haltom City, Hurst and North Richland Hills in the certification process. As a result of this certification, the County and the Cities of Fort Worth, Arlington, Haltom City, Hurst and North Richland Hills discussed strategies on a collaborative effort to share the LLEBG funds. Tarrant County Government did not receive an LLEBG allocation but the Cities of Arlington, Fort Worth, Haltom City, Hurst and North Richland Hills are eligible for $505,302. Fort Worth is eligible to receive, $311,079 Arlington, $162,687, Haltom City $10,199, Hurst$10,225, North Richland Hills$11,112. Tarrant County and the Cities of Fort Worth, Arlington, Haltom City, Hurst and North Richland Hills have successfully negotiated an agreement. Therefore, Tarrant County has agreed to waive the classification as a "disparate jurisdiction" for the current funding year negating the certification process based on the following terms: • Fort Worth, Arlington, Haltom City, Hurst and North Richland Hills will submit separate grant applications: Fort Worth—311,079; Arlington—$162,687; Haltom City- $10,199; Hurst-$10,225; and North Richland Hills, $11,112. • Fort Worth, Arlington, Haltom City, Hurst and North Richland Hills will contribute the cash match associated with the allotment amount independently; • An interlocal agreement will be developed between Tarrant County and the City of Arlington for$ 21,588 of the LLEBG funds (including cash match); • An interlocal agreement will be developed between Tarrant County and the City of Fort Worth for $55,423 of the LLEBG funds (including cash match); • An interlocal agreement will be developed between Tarrant County and the City of Haltom City for$1,756 of the LLEBG funds (including cash match); • An interlocal agreement will be developed between Tarrant County and the City of Hurst for$1,761 of the LLEBG funds(including cash match); and • An interlocal agreement will be developed between Tarrant County and the City of North Richland Hills for$1,914 of the LLEBG funds (including cash match). Tarrant County was not allocated LLEBG funds this year. The negotiated LLEBG funding from the Cities of Fort Worth and Arlington will support the Adult Drug Court program in the amount of $56,195 (cash match included), in addition to the Mental Health Liaison Program in the amount of$20,816 (cash match included). The negotiated LLEBG funding from the Cities of Haltom City, Hurst and North Richland Hills will support the Mental Health Liaison Program in the amount of$5,431.00(cash match included). Please refer to the attached program overview for further clarification. Sincerely, om Vandergrif, Co y ge` Tarrant County,Tex i/ J/ City�r—a erCity or of t xas City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, July 20, 2004 LOG NAME: 35LLEBG04DISP REFERENCE NO.: G-14436 SUBJECT: Local Law Enforcement Block Grant Disparity Agreement, Year 9 RECOMMENDATION: It is recommended that the City Council: 1) Authorize the City Manager to enter into a funding agreement with Tarrant County on the FY2004 Local Law Enforcement Block Grant (LLEBG), contingent upon the receipt of the FY2004 LLEBG; and 2) Approve a contract with Tarrant County for support of the Adult Drug Treatment Court in the amount of $44,492 and for continuation of the Mental Health Liaison Program in the amount of $10,931, contingent upon the receipt of the FY2004 LLEBG. DISCUSSION: During the FY2004 LLEBG application process, the Texas Attorney General certified that there was a funding disparity between a number of counties and cities within Texas, including Tarrant County and the City of Fort Worth. Legislation governing disparity requires that certified agencies aggregate their funds and develop a joint application. The legislation does not speak to the contents of the joint application, or how the funds should be divided. To this end, representatives of Fort Worth, Tarrant County, Arlington, Haltom City, Hurst, and North Richland Hills developed a plan acceptable to all parties. The plan contains the following: a) Tarrant County has agreed to waive the classification as a "disparate jurisdiction" for the current year funding, thus negating the certification process; and b) Each entity will submit separate grant applications; and c) Each entity will contribute the cash match independently; and d) Through an interlocal agreement, Fort Worth will provide $44,492 from LLEBG funds to Tarrant County for the Adult Drug Treatment Court and $10,931 for the Mental Health Liaison Program. Fort Worth has provided LLEBG funds to Tarrant County for the adult and juvenile drug treatment courts in the past. The Mental Health Liaison Program is an existing project that provides training for area law enforcement officers in dealing with persons who have mental health problems, and to act as an information resource to officers in the field. FY2004 funding of the LLEBG Program for Fort Worth includes $311,075 in federal funds with a required match of $34,564 and an additional match of $10,931 for the Mental Health Liaison Program, for a total of $345,643. It is anticipated that the grant will be awarded in the latter part of October 2004. Transfer of funds to Tarrant County is subject to a grant award from the Department of Justice. In addition, a subsequent Mayor and Council Communication will be required to accept the FY2004 LLEBG and to specify the source of funds for this contract with Tarrant County. Logname: 35LLEBG04DISP Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that approval of this item has no immediate fiscal impact upon the City. However, the Finance Director further certifies that upon award and acceptance of the FY2004 LLEBG, the City will be required to provide $34,564 in matching funds and that these funds will be available in the FY2004 Proposed Budget. TO Fund/AccounVCenters FROM Fund/Account/Centers Submitted for City Manager's Office by: Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (4210) Additional Information Contact: David Garrett (4241) Logname: 35LLEBG04DISP Page 2 of 2