HomeMy WebLinkAboutContract 29376 �;s pO •., REFERENCE NUMBER rlu
'•.N COMMISSIONERS COURT PAGE 1 OF to
• . * . COMMUNICATION
DATE: 07/22/03
SUBJECT: APPROVAL OF A LETTER OF AGREEMENT AND INTERLOCAL
AGREEMENTS BETWEEN TARRANT COUNTY AND THE CITIES OF FORT
WORTH AND ARLINGTON REGARDING THE 2003 LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) AND SUBMISSION OF THE
LLEBG GRANT APPLICATION
COMMISSIONERS COURT ACTION REQUESTED:
It is requested that the Commissioners Court approve the attached Letter of Agreement and Interlocal
Agreements between Tarrant County and the Cities of Fort Worth and Arlington as they relate to the
Local Law Enforcement Block Grant (LLEBG) program and approve the submission of the Internet
based LLEBG Application to the Bureau of Justice Assistance(BJA).
BACKGROUND:
The County and the Cities of Fort Worth and Arlington reached an agreement on a collaborative effort
to share LLEBG funds. Tarrant County Government, the City of Arlington and the City of Fort Worth
are jointly eligible for $1,076,216 in funding. Fort Worth is eligible to receive $714,881, Arlington
$344,258, and Tarrant County$17,077 (excludes cash match).
Tarrant County and the Cities of Fort Worth and Arlington have agreed to follow the same process as
was done in 2002 with no program changes. Therefore, Tarrant County agreed to waive the
classification as a"disparate jurisdiction" for the current funding year, negating the certification process
based on the following terms.
➢ Each entity will submit separate grant applications: Fort Worth — $714,881; Arlington —
$344,258; and Tarrant County- $17,077;
➢ Each entity 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$45,679 of the LLEBG funds (including cash match); and,
➢ An Interlocal Agreement will be developed between Tarrant County and the City of Fort Worth
for$127,381 of the LLEBG funds (including cash match).
DISPOSITION BY COMMISSIONERS COURT
❑ APPROVED ❑ OTHER[describe] -
SUBMITTED BY: Administrator's Office PREPARED BY: Les Smith
� Nr;•.. COMMISSIONERS COURT
COMMUNICATION
. *•••*• •'�••• REFERENCE NUMBER: DATE: 07/22/03 PAGE 2 OF 10
FISCAL IMPACT:
Across all Tarrant County jurisdictions for the 2003 LLEBG finding cycle, there was an overall 23.8%
reduction in LLEBG funds. The LLEBG finding share provided to Tarrant County by the Cities of Foil
Worth and Arlington was reduced by the percentage decline over the prior funding period. BJA reduced
the City of Fort Worth's allocation by 22.8%, the City of Arlington by 23.1% and Tarrant County by
24.8%.
Tarrant County is eligible for $17,077 of LLEBG funds with a cash match of $1,897 that equates to
$18,974. These funds will be earmarked for the Tarrant County Adult Drug Court Program. The
negotiated LLEBG funding from the Cities of Fort Worth and Arlington will also support the Adult
Drug Court program in the amount of$127,019 (cash match included), in addition to the Mental Health
Liaison Program in the amount of$46,041 (cash match included). Additionally, the proposal includes
funds from the FY 2004 Tarrant County General Fund to augment the Mental Health Liaison Program in
the amount of$151,366.
.J..
LF � tot
July 22,2003
Mary F. Santonastasso
Director of State and Local Assistance
Bureau of Justice Assistance
810 7"' St.NW Wash 20531
Dear Ms. Santonastasso:
On July 3, 2003, the State Attorney General certified Tarrant County as a "disparate
J urisdiction" under the Local Law Enforcement Block Grant program. The Attorney General
limited the funding disparity issue to the Cities of Fort Worth and Arlington and excluded the
remaining Tarrant County cities from the certification process.
As a result of this certification, the County and the Cities of Fort Worth and Arlington
discussed strategies on a collaborative effort to share the LLEBG funds. Tarrant County
Government, the City of Arlington and the City of Fort Worth are eligible for $1,076,216. Fort
Worth is eligible to receive, $714,881 Arlington, $344,258 and Tarrant County$17,077.
Tarrant County and the Cities of Fort Worth and Arlington have agreed to follow the
same process as 2002 with no program changes. 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:
• Each entity will submit separate grant applications: Fort Worth — 714,881;
Arlington—$344,258; and Tarrant County- $17,077.
• Each entity 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$45,679 of the LLEBG funds (including cash match); and,
• An interlocal agreement will be developed between Tarrant County and the City
of Fort Worth for 127,381 of the LLEBG funds (including cash match).
Tarrant County is eligible for $17,077 of LLEBG funds with a cash match of$1,897 that
equates to $18,974. These funds will be earmarked for the Tarrant County Adult Drug Court
Program. The negotiated LLEBG funding from the Cities of Fort Worth and Arlington will also
support the Adult Drug Court program in the amount of $127,020 (Cash match included), in
addition to the Mental Health Liaison Program in the amount of$46,041 (cash match included).
i
Please refer to the attached program overview for further clarification.
Sincerely,
Tom Vandergriff, County u f
Tarrant County,Texa
(To*Pa.,,,
4- AMTs Managfr David M.Kunkle
City o 0 ort Deputy City Manager
!/ City of Arlington,Texas
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
INTERLOCAL AGREEMENT
BETWEEN CITY OF ARLINGTON, TEXAS
AND COUNTY OF TARRANT, TEXAS
2003 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUND
This Agreement is made and entered into this I day of u��2003, by and between the
COUNTY OF TARRANT, acting herein by and through its governing body, the Commissioners Court,
hereinafter referred to as COUNTY and the CITY OF ARLINGTON, 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 $24,762.00 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 $20,917.00 from the Local Law
Enforcement Block Grant Fund and grant matching funds 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 $45,679.00 from the Local Law Enforcement Block Grant Fund and
grant matching funds.
Section 2.
COUNTY agrees to use $24,762.00 for the Tarrant County Adult Drug Court, until September 30,
2005, and $20,917.00 for the Tarrant County Mental Health Liaison Program.
V FI1 Ell IAikI -�"i
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 OF ARLINGTON, TEXAS C OF TARRAN T, TEXAS
David M.Kunkle County Ju ge
Deputy City Manager C'/
ATTEST: APPROVED TO FO
Ir
Clty Secretary Assistan strict Attorney*
APPR S T FOR
Attorney
*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
i
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
2003 LOCAL LAW ENFORCEMENT BLOCK GRANT FUND
This Agreement is made and entered into this day of , 2003, by and between the
COUNTY OF TARRANT, acting herein by and through its 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 $102,257.00 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 $25,124.00 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 $127,381.00 of Local Law Enforcement Block Grant Funds
and grant matching funds.
Section 2.
COUNTY agrees to use $102,257.00 for the Tarrant County Adult Drug Court until September 30,
2005 and $25,124 for the Tarrant County Mental Health Liaison Program.
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 o; implied
other than those set out herein; further, this Agreement shall not create any rights in any party not a
signatory hereto.
CITY OF F T R H, T XAS COUNTY OF TARRANT, TEXAS
City Man er � vo o v County Judge
AT-- T APPROVE VTOF
City SecretaK Ac ista 6b istrict Attorney*
APPROVED AS TO FORM:
ISJ�
Con tr ct Authorization
_ r
Dates
Fla
f- Attorney
*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).
u r'
Page 2
Local Law Enforcement Block Grant (LLEBG)
2003 Allocation
Proposed LLEB.G Funds Available to Local Jurisdications
--------Allocation------- Mental Health Liaison program 46,041
Jurisdiction 2002 2003 Difference %Change Adult Drug Court 145,993
Tarrant County $22,713 $17,077 ($5,636) -24.8% Total TC Program 192,034
Arlington 447,782 344,258 (103,524) -23.1%
Bedford 27,456 21,289 (6,167) -22.5% Application Breakdown by Jurisdiction l�
Euless 26,738 18,923 (7,815) -29.2% Tarrant County:
Forest Hills 21,131 17,943 (3,188) -15.1% Adult Drug Court 18,974
Fort Worth 926,326 714,881 (211,445) -22.8% City of Arlington:
Haltom City 41,688 24,001 (17,687) -42.4% Mental Health Liaison program 20,917
Hurst 32,631 20,539 (12,092) -37.1% Adult Drug Court 24,762
Mansfield 18,184 12,462 (5,722) -31.5% City of Fort Worth:
North Richland Hills 28,103 25,039 (3,064) -10.9% Mental Health Liaison program 25,124
White Settlement 17,106 10,731 (6,375) -37.3% Adult Drug Court 102,257
Total $1,609,858 $1,227,143 ($382,7 r Total $192,034
Reallocation of LLEBG Funds • on Disparate
--------------------2oa2-__-------------- ----------------_---_----------2003--------�------ �--_____
LLEBG 10% Funds to LLEBG 10% %'age Funds to
Jurisdiction Funds Match lil Total TC Funds Match lii Total Reduced TC(2) Reallocation
Tarrant County $22,713 $2,524 $25,237 $17,077 $1,897 $18,974 $192,034
City of Arlington 447,782 49,754 497,536 $59,401 344,258 38,251 382,509 -23.1% $45,679 336,830
City of Fort Worth 926,326 102,925 1,029,251 165,001 714,881 79,431 794,312 -22.8% 127,381 666,931
Total $1,396,821 $155,203 $1,552,024 $224,402 1$1,076,216 $119,579 $1,195,795 $173,060 $1,195,795
(1) The cash match is provided by each entity. The funds sent to Tarrant County from Fort Worth and Arlington includes the LLEBG funds plus cash match.
(Zf-1`re`20t PFunds to Tarrant County'from Arlington and Fort Worth were reduced by the percentage that each city's LLEBG allocation was reduced for 2003.
771712003 12:36 PM
Local Law Enforcement Block Grant (LLEBG)
Program Comparison 2002 vs. 20030)
2002 Approved Prog 03 Proposed Programs
Mental Health Program Mental Health Program
Tarrant County General Fund $151,366 Tarrant County(2) General Fund $151,366
Arlington LLEBG $27,200 Arlington LLEBG 20,917
Fort Worth Other Sources $32,544 Fort Worth LLEBG 25,124
Total Mental Health $211,110 Total Mental Health $197,407
Adult Drug Court Program Adult Drug Court Program
Tarrant County LLEBG $25,237 Tarrant County LLEBG $18,974
Arlington LLEBG 32,201 Arlington LLEBG 24,762
Fort Worth LLEBG 132,457 Fort Worth LLEBG 102,257
Total Adult Drug Court $189,895 Total Adult Drug Court $145,993
Total LLEBG Funds $217,095 Total LLEBG Funds $192,034
Total of Approved Programs $401,005 Total of Proposed Programs $343,400
2002 • . 1' Match %Change 2003 LLEBG Allocations w/10%Match
Tarrant County $25,237 -24.82% Tarrant County $18,974
Arlington 59,401 -23.10% Arlington 45,679
Fort Worth 165,001 -22.80% Fort Worth 127,381
Total $249,639 -23.08% Total $192,034
(1) Local Law Enforcement Block Grant(LLEBG)Totals Includes the Required 10!Cash Match.
(2) Represents a request for an increase in the Tarrant County contribution due to lower usage of LLEBG funds and increased program costs.
c-,
711712003 12:36 PM
, i
City of Fort Worth, Texas
imayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **G-14063 35LLEBG03DISID 1 of 2
SUBJECT LOCAL LAW ENFORCEMENT BLOCK GRANT DISPARITY AGREEMENT - YEAR 8
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a funding agreement with Tarrant County on the FY 2003 Local
Law Enforcement Block Grant(LLEBG), contingent upon the receipt of the FY 2003 LLEBG; and
2. Approve contracts with Tarrant County ($127,381) for a support of the Adult Drug Treatment Court
and for continuation of the Mental Health Liaison Program ($32,544), contingent upon the receipt of
the FY 2003 LLEBG.
DISCUSSION:
During the FY 2003 LLEBG application process, Texas Attorney General John Cornyn sent a letter to
the U.S. Department of Justice certifying that there was a funding disparity between a number of
counties and cities within Texas. The cities of Fort Worth and Arlington were certified due to the fact
that more than 50% of the cost of prosecution and incarceration of violent Part I crime offenders is
borne by Tarrant County, and Fort Worth and Arlington both receive 200% more LLEBG funds than
Tarrant County.
Legislation governing disparity requires that agencies that are certified must 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, and
Arlington 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) Arlington will contract with Tarrant County to provide $45,679 from LLEBG funds for the Tarrant
County Adult Drug Treatment Court($24,762) and the Mental Health Liaison Program ($20,917); and
e) Fort Worth will contract with Tarrant County to provide $127,381 from LLEBG funds for the
Tarrant County Adult Drug Treatment Court ($102,257) and the Mental Health Liaison Program
($25,124).
Fort Worth has provided funds to Tarrant County for the adult and juvenile drug treatment courts in
previous grants.
City of Fort Worth, Texas
Imayor and Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 **G-14063 35LLEBG03DISP 2 of 2
SUBJECT LOCAL LAW ENFORCEMENT BLOCK GRANT DISPARITY AGREEMENT - YEAR 8
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.
Fiscal Year 2003 funding of the LLEBG Program for Fort Worth includes $714,881 in federal funds with
a required $79,431 in cash match and an additional match of $25,124 for the Mental Health Liaison
Project, for a total of $819,436. Of these funds, $692,055 will be used for the Comin' Up program. It is
estimated the grant will be awarded in the latter part of October 2003. 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 FY 2003 LLEBG and to specify the source of
funds for this contract with Tarrant County.
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 FY 2003 LLEBG,
the City will be required to provide $104,555 in matching funds and that these funds will be available in
the FY 2003 - 2004 Proposed Budget.
LW:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 48386 (from)
Additional Information Contact:
D.E.Garrett 48067