HomeMy WebLinkAboutContract 25871 CITY SECRETARY
STATE OF TEXAS § CONTRACT NO
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth has received a Juvenile Accountability Incentive
Block Grant from the Texas Criminal Justice division for support of a variety of programs for
juveniles of said City; and
WHEREAS, Tarrant County proposes to continue the Juvenile Fingerprinting
program; and other support to said program; and
WHEREAS, the City of Fort Worth and Tarrant County desire to enter into a contract
and agreement whereby the said City of Fort Worth will furnish said grant funds to Tarrant
County for use in the operation of said program;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City," acting by and through
Libby Watson, its duly authorized Assistant City Manager, and Tarrant County, hereinafter
referred to as "Contractor," acting by and through Tom Vandergriff, its duly authorized County
Judge, do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, all work and services described in the bound instrument attached hereto,
marked Exhibit "A", and incorporated herein for all purposes incident to this contract, Contractor
hereby agrees to comply with all the terms and conditions contained in said grant and grant
applications as well as all terms and conditions contained in Exhibit "A", attached hereto; and
agrees to expend the grant funds herein provided in accordance with its budget, included in said
Exhibit "A". Contractor will maintain equipment purchased under this grant and use such
equipment in support of this program. All equipment remains the property of City until such
time as title is received from the Bureau of Justice Assistance, at which time the City shall
transfer title to the Contractor.
It is understood and agreed that in no event shall the total distribution of federal grant
funds made to the Contractor during the term of this agreement exceed the total sum of$40,000.
In the event this contract is terminated for any reason at any time Contractor shall return to City
any unused portion of federal monies distributed hereunder.
It is agreed that the funding provided hereunder shall be made on an "on request" basis in
advance following receipt from the Contractor of an itemized statement of anticipated expenses.
Upon invoice the City shall remit payment to Contractor within 30 days. Contractor is
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authorized to exceed any line item in the budget in an amount not to exceed 5% of that particular
line item without the prior approval of the City.
2.
The term of this agreement is for a period beginning on date of contract execution for
twelve months, renewable for additional periods upon agreement by both parties.
3.
It is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by City of funds granted under Juvenile
Accountability Incentive Block Grant # JB-98-J07-13277 from the Texas Criminal Justice
Division that all monies distributed to Contractor hereunder shall be exclusively from monies
received under said Grant, and not from any monies of City; and that if such funds under said
Grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate
this contract and agreement and City shall not be liable for payment for any work or services
performed by Contractor under or in connection with this contract.
4.
It is understood and agreed that this contract may be terminated by City, in whole or from
time to time in part, whenever such termination is determined by City to be in the best interest of
City. Termination will be effected by delivering to Contractor a notice of termination, specifying
to what extent performance of the work under the contract is being terminated and the effective
date of termination. After receipt of notice of termination, Contractor shall:
(a) Stop work under the contract on the date and to the extent specified in the notice of
termination;
(b) Place no further order or subcontracts except as may be necessary for completion of
the work not terminated; and
(c) Terminate all orders and contracts to the extent that they relate to the performance of
the work terminated by the notice of termination.
Within thirty (30) days following the date of such termination, Contractor shall return to
City any unused portion of federal monies distributed hereunder.
5.
Contractor agrees to keep sufficient records to document its adherence to applicable
federal regulations, along with documentation and records of ,all receipts and expenditures, of
Juvenile Accountability Incentive Block Grant. All records shall be retained for three (3) years
following the termination of this agreement. City, the State of Texas, and the State Comptroller's
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Office or their representatives shall have the right to investigate, examine and audit at any time
any and all such records relating to the operations of Contractor under this agreement. Upon
demand by City, the Contractor, its officers, members, agents, employees, and subcontractors
shall make such records readily available for investigation, examination and audit. In the event
of such audit by City and in conformity with Federal Management Circular A-102, a single audit
of all Contractor's operations subject to this agreement will be undertaken and may be conducted
either by City or an Independent Public Accountant of City's choice.
6.
Contractor shall deliver to City a report of its monthly activities and a statement of its
monthly receipts and expenditures of funds from the Juvenile Accountability Incentive Block
Grant funds, and each such statement shall be signed by the Contractor or a duly authorized
officer of the Contractor, which may include the Director of Tarrant County Juvenile Services.
7.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by Contractor under this agreement, and
City shall have access at all reasonable hours to offices and records of the Contractor, its officers,
members, agents, employees, and subcontractors for the purpose of such monitoring.
8.
Contractor shall operate hereunder as an independent contractor and not as an officer
agent, servant of employee of City. Contractor shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, subcontractors, program participants, licensees or
invitees. The doctrine of respondent superior shall not apply as between City and Contractor, its
officers, members, agents, servants, employees, subcontractors, program participants, licensees
or invitees, and nothing herein shall be construed as creating a. partnership or joint enterprise
between City and Contractor. It is expressly understood and agreed that no officer, member,
agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
participant hereunder is in the paid services of City and that City does not have the legal right to
control the details of the tasks performed hereunder by Contractor, its officers, members, agents,
employees, subcontractors, program participants, licensees or invitees.
9.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
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10.
Contractor shall not assign all or any part of its rights, privileges or duties under this
contract without the prior written approval of City, and any attempted assignment of same
without such prior written approval shall be void, and constitute a breach of this agreement.
11.
No member, officer or employee of City, or its designees or agents; no member of the
governing body of the locality in which the program is situated; and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the
program funded hereunder during his tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
prohibiting such interest, in all contracts and subcontracts hereunder.
No officer, employee, or member of Contractor or its subcontractors shall have a
financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be
financially interested, directly or indirectly, in the sale to Contractor of any land, materials,
supplies, or services purchased with any funds transferred hereunder, except on behalf of
Contractor, as an officer, employee, member or program participant. Any willful violation of
this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors,
shall render this contract voidable by the City of Fort Worth.
12.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it not any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this contract shall in connection
with the employment, advancement, or discharge of employees, or in connection with the terms,
conditions, or privileges of their employment, discriminate against persons because of their age,
except on the basis of a bona fide occupational qualification, retirement plan, or statutory
requirement.
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13.
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person or persons because of sex, age, religion,
color or national origin, nor will Contractor permit its agents, employees, subcontractors or
program participants to engage in such discrimination.
This agreement is made and entered into with reference specifically to Chapter 17,
Article III ("Discrimination"), Division 3 ("Employment Practices"), of the City Code of the
City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its agents,
employees and subcontractors, have fully complied with all provisions of same and that no
employee, employee-applicant or program participant has been discriminated against by the
terms of such ordinance by either the Contractor, its agents, employees or subcontractors.
14.
Contractor, its officers, agents, employees, and subcontractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is
agreed and understood that if City calls to the attention of Contractor any such violation on the
part of Contractor or any of its officers, agents, employees, subcontractors or program
participants, then Contractor shall immediately desist from and correct such violation.
Contractor promises that it will use grant funds strictly for those purposes and goals
intended under the terms and conditions of the Juvenile Accountability Incentive Block Grant,
and the attached Exhibit "A". It is agreed and understood that if City calls the attention of
Contractor to any such violation on the part of Contractor or any of its officers, members, agents,
employees, program participants or subcontractors, then Contractor shall immediately desist
from and correct such violation.
15.
All property approved by the City of Fort Worth and purchased with federal monies
granted hereunder shall be used solely for the accomplishment of the purposes and work set forth
in Exhibit "A" attached hereto.
16.
Contractor covenants and agrees that in the event it fails to comply with or breaches any
of the terms and provisions of this agreement, City shall have the right to declare this agreement
immediately terminated, and City shall have no further responsibility or liability hereunder,
except for costs incurred in furtherance of this agreement prior to the date of termination. Any
such termination shall be subject to the provisions of Exhibit "A", attached hereto.
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17.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court, federal, or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
18.
The failure of City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on any
future occasion.
19.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
20.
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
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IN WITNESS WHEREOF, the parties he eto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this day of A.D.,
2000.
ATTEST: CITY OFORT WORTH
AA� By:
City S cretaryj-��-�() iby Wat on
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
(:j ,(.Z� -
Ass tant City Atto y
TARRANT COUNTY, TEXAS
Date: By: -414 '24
Tom Vandergriff 7
County Judge
ATTEST:
Contract Authorization /�3s41Distric Vttorney
-
/0- 9? By law, the District Attorney's Office may only advise or
Date approve a contract or legal documents on behalf of its
clients. It may not advise or approve a contract or legal
documents on behalf of other parties. Our review 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
attorneys.
IJ CC'IA d G)iEC IV,IRD
CAN KC- 1 °Q�
Ff. ��U'V_rL'UUy a.
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day
personally appeared Tom Vandergriff, County Judge, known to me to be the same person whose name
is subscribed to the foregoing instrument,and acknowledged to me that the same was for the purposes and
consideration therein expressed,as the act and deed of the Tarrant County government,and in the capacity
therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this g day of
o� •
92000.
GRACF C.eRHOf3Eth Y
*� Nolary Publ Notary Public in and for
STATE the State of Texas
Jy Corn EXQ �v_27�0111
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day
personally appeared Libby Watson,known to me to be the same person whose name is subscribed to the
foregoing instrument,and acknowledged to me that the same was the act of the City of Fort Worth and that
she executed the same as the act of said City of Fort Worth for the purposes and consideration therein
expressed and in the capacity therein stated. /
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2000.
--------------------------
*��" 4,* ROSELLA BARNES
l NOTARY PUBLIC
State of Texas Notary Public in and for
�'�+ comm. Exp.03-31-2001 the State of Texas
EXHIBIT A
TARRANT COUNTY
JUVENILE FINGERPRINT IDENTIFICATION PROGRAM
A. The Tarrant County Sheriff's Office Juvenile Fingerprint Identification Program
(JFIP) consistently meets and surpasses the legislative requirements on the
management and identification of juvenile offenders.
B. Tarrant County maintains a central location and depository of juvenile fingerprint
records for area law enforcement agencies.
C. Tarrant County electronically transmits arrest/fingerprint information to the State of
Texas, Department of Public Safety (DPS) where the information is stored and
analyzed against the DPS Automated Fingerprint Identification System (AFIS)
database.
D. The Tarrant County Sheriff's Office provides administrative oversight of staffing
levels. The normal staffing levels for this program include five (5) sheriff deputies
assigned to rotating shifts (i.e., 24 hour per day 7 days per week). Staffing levels are
adjusted to compensate for increases or decreases in activity levels.
E. Tarrant County provides periodic updates on those agencies that elect not to use the
program. The names of each law enforcement agency that choose not to use the
program will be posted in a conspicuous location within the Juvenile Fingerprint
Identification Program office.
F. Tarrant County prepares annual invoices for each law enforcement agency that
utilizes the program. Each invoice is based on:
a) The total salary of the deputies used for the program
b) The number of deputies used for the program
c) The number of juveniles fingerprinted/referred to the program by each law
enforcement agency
CCN K"NRGs'
REFERENCE NUMBER
COMMISSIONERS COURT
t�•_ •} PAGE 1 of
COMMUNICATION00
DATE:-L-- /I
18
SUBJECT:
CONTRACT BETWEEN TARRANT COUNTY AND THE CITY OF FORT
WORTH FOR THE TARRANT COUNTY JUVENILE FINGERPRINTING
PROGRAM
COMMISSIONERS COURT ACTION REOUESTED:
It is requested that the Commissioners Court approve the attached contract
between Tarrant County and the City of Fort Worth for the continued operation of
the Tarrant County Juvenile Fingerprinting Program (JFP).
BACKGROUND
Tarrant County Juvenile Services applied for the Juvenile Accountability Incentive
Block Grant (JAIBG) from the State of Texas, Criminal Justice Division (CJD) on
October 13, 1998 (Court Order #79399). JAIBG is a federally funded program
designed to reduce juvenile delinquency, improve juvenile justice and increase
accountability for juvenile offenders. The focus of the Tarrant County project is to
improve the identification, prosecution, supervision and treatment of juvenile sex
offenders. Currently, there are ten (10) municipal law enforcement agencies
participating in this sex offender project.
The City of Fort Worth committed JAIBG grant funds in the amount of $234,088
in support of the sex offender program. The City of Fort Worth also contributed
an additional $40,000 of their JAIGB funds to the Tarrant County Juvenile
Fingerprinting Program. This attached contract delineates the terms of this
agreement.
• The District Attorney's Office has reviewed this contract as to form.
FISCAL IMPACT
These funds in the amount of $40,000 will offset Tarrant County's costs associated
with the operation of the Juvenile Fingerprinting Program.
A
OG:� �Ec00 PO�[� 20
DISPOSITION BY COMMISSIONERS COURT
❑ APPROVED ❑OTHER [describe]
SUBMITTED BY [DEPT.]: Administrator PREPARED BY: Les Smith
GPC-1211 I PAGE 1 REV.10/97
t_
City of Fort Worth, Texas
"affor and Council Communication
DATE REFERENCE NUMBERE PAGE
11/10/Q8 G-12383 1 35JUVE 1 of 3
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept, if awarded, a Juvenile Accountability Incentive Block grant
from the Texas Criminal Justice Division in the amount of $377,991 for the period of November 1,
1998 through July 31, 2000; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
r Special Trust Fund,Awarded Assets by$41,998 from available funds;and
3. Authorize the transfer of$41,998 from Special Trust Fund, Awarded Assets-Federal, to the Grants
Fund as cash match to the Juvenile Accountability Incentive Block Grant;and
4. Adopk the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$419,989 from available funds; and
5. Authorize the City Manager to execute contracts with Tarrant County Juvenile Services ($234,088)
and the Tarrant County Juvenile Fingerprint Program ($40,000);and
6. Authorize the City Manager to waive indirect costs In the amount of$9,795.
DISCUSSION:
In mld-August, the City of Fort Worth received notification from the Texas Criminal Justice Division that
it was eligible to receive $377,991 under the Juvenile Accountability Incentive Block Grant program, a
new federal program that Is being distributed through the Crimii.al Justice Division. A 10 percent cash
s_ match or$41,998 is also required which would make the total grant project$419,989.
In an effort to allocate the monies as quickly as possible, the Criminal Justice Division requested that all
applications be submitted by September 30, 1998, so that all awards could be made by November 1,
i1 1998.
• 3 As required by grant guidelines, a Juvenile Crime Enforcement Coalition was set up with
representatives from area law enforcement agencies, prosecutor's and probation offices, the hospital
district, area businesses and organizations as well as the Fort Worth Independent School District.
Tarrant County is also eligible to receive one of these grants. To avoid duplication, it was decided to
establish one coalition for all grants in the county. The Police Department met with Tarrant County
Juvenile Services, area service providers, and other law enforcement agencies in the area to fund a
n county-wide juvenile sex offender program for$234,088, to provide funds In the amount of$40,000 for
the juvenile fingerprinting program and to fund a first offender program for $145,901. Other eligible
police departments within the county deobligated their funds to Tarrant County Juvefiile Services for the
Juvenile sex offender project.
City of Fort Worth, Texas
"agar and Council Communication
DATE REFERENCENUMBERL A
11/10/98 G-12383 35JUVE 2 of 3
suBJECr JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
Funds in the amount of$234,088 will be provided to Tarrant County through a contract for the Juvenile
Sex Offender program, and they will reimburse the City share ($23,409) of matching funds for this
project. The Police Department has previously provided a total of $191,000 for the Tarrant County
Juvenile Fingerprinting program from Local Law Enforcement Block Grant and Awarded Assets funds.
Funding from these sources was not allocated for this program during FY 1998-99. As a result, a total
of$40,000 has been allocated for this purpose from the Juvenile Accountability Incentive Block Grant.
The Fort Worth Police Department has previously applied for state grant funds to initiate a juvenile first
offender program but to date has not been successful in securing these scarce funds. The Juvenile
Accountability Incentive Block Grant will be able to provide sufficient funds for a pilot program in the
amount of $145,901. The Department will hire a Human Services Coordinator to oversee the project
and serve as a liaison with a private entity that will handle the counseling and treatment portions of the
project. The private group will be located through a request for proposals and an ensuing contract. If
this program is successful, the Police Department will explore expanding it to other police departments
throughout the county in the future. Current costs are disallowed by the grant funding agency.
The monies are broken down as follows: r
Budget Categories CJD Funds Cash Match TQtal
Personnel (Salaries 8 Fringe benefits) $ 44,908 $ 4,990 $ 49,898
Contractual 322,796 35,866 358,662
Travel and Training
Equipment 6,817 757 7,574
Construction
Supplies and Direct Operating Expenses 3,470 385 3,855
Administrative Costs
TOTALS $377,991 $41,998 $419,989
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City of Fort Worth, Texas
IY!Jayor and Council Communication
DATE REFERENCE NUMBERL PA
11/10/98 G-12383 35JUVE 3 of 3
SUBJECT JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated,of the Grants Fund.
LW:j
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
j 4)GR76 451644 035202552000 $377,991.00 �
i Libby Watson 6183 4)GR76 472072 035202552000 41,998.00 /� APPROVE•
Originating Dgwrtment Head: 5) R76 539120 035202552010 19,989.00 CITY COUNCIL
1 2)FE72 488332 03SW50000000 5 41,998.00
2)R 538070 —41,M.00 NOV 1010
Thoma Windham 4-8385 (from)
3)F 72 538070 41s998w00
Additional Information Contact: City 6ecretary of the iY
City of Fort worth,Texas
Thoma Windham 4-8385
Adopted Ordinana boo
Adopted Ordinande Ptd.a�665