HomeMy WebLinkAboutContract 29291 STATE OF TEXAS §
CITY SECRETARY
COUNTIES OF TARRANT, CONTRACT NO. I
DENTON AND WISE §
In consideration of the mutual covenants, promises and agreements contained herein,
THIS AGREEMENT is made and entered into between THE CITY OF FORT WORTH, a
home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise
Counties, Texas (hereinafter referred to as "City,") acting by and through Libby Watson, its duly
authorized Assistant City Manager, and THE BOYS AND GIRLS CLUBS OF GREATER
FORT WORTH, (hereinafter referred to a "Contractor,") acting by and through Joe Cordova, its
duly authorized President.
RECITALS
WHEREAS, the City of Fort Worth has received a Local Law Enforcement Block Grant
from the Bureau of Justice Assistance for additional support for a variety of programs in the
Police Department and the City as well as for certain assistance to be provided to outside
personnel under contract with the City; and
WHEREAS, the Boys and Girls Clubs of Greater Fort Worth proposes to provide a
Comin' Up gang intervention project and other support to said program, and
WHEREAS, on October 19, 2001, the City of Fort Worth and the Boys and Girls Clubs
of Greater Fort Worth entered into City Secretary Contract Number 27159 whereby the City of
Fort Worth will furnish said grant funds to the Boys and Girls Clubs of Greater Fort Worth for
use in operation of said program; and
WHEREAS, June 2, 2003, the City of Fort Worth and the Boys and Girls Clubs of
Greater Fort Worth also entered into City Secretary Contract Number 28762 for one year
whereby the Boys and Girls Clubs of Greater Fort Worth would lease three vans from the City
for the Comin'Up gang intervention project; and
WHEREAS, City Secretary Contract Number 27159 ends on September 30, 2003; and
WHEREAS, the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth
desire to enter into a new contract and agreement to continue the Comin' Up gang intervention
project and to furnish said grant funds to the Boys and Girls Clubs of Greater Fort Worth for use
in operation of said program;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
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 Exhibits "A" and 'B_
incorporated herein for all purposes incident to this contract. Contractor a r es�' 1
rp PmP g
funds herein provided in accordance with its budget, described in Exhibit "C", �d .
2.
It is understood and agreed that in no event shall the total distributions of federal grant
funds from the Local Law Enforcement Block Grant in the amount of$692,055 and funds from
the City of Fort Worth in the amount of$160,728 made to the Contractor during the term of this
agreement exceed the total sum of $1,352,783. Contractor shall keep all monies granted
hereunder in a specific account designated only for these funds, and shall not commingle the
funds with any other monies. 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 a signed statement of anticipated expenses.
Contractor shall deliver to City a monthly report of programmatic activities and a monthly
statement of its receipts and expenditures of funds from Local Law Enforcement Block Grant
and City of Fort Worth monies, and such statement shall be signed by the Contractor or duly
authorized officer of the Contractor. Each monthly report and statement. shall be submitted to
City no later than the 10`h day of the following month. Contractor is authorized to adjust any
categories in the budget in an amount not to exceed 10% of those particular categories without
prior approval of the City but Contractor must notify the City, in writing of any such
adjustments. Any adjustment of more than 10% of each category must have written permission
from the City and the Bureau of Justice Assistance prior to any budget adjustment being made.
Any program income earned directly as a result of this grant project must be reported monthly
and may be expended on this project with written permission from the project director. Requests
for payment, expenditure reports, grant programmatic reports, and budget adjustments shall be
submitted to the Research and Planning Section of the Fort Worth Police Department, 350 W.
Belknap, Fort Worth, Texas, 76102.
3.
The term of this agreement is for a period beginning on. August 1, 2003, and ending on
September 30, 2004. Pursuant to Local Law Enforcement Block Grant regulations, all
expenditures and payments must be completed prior to September 30, 2004.
4.
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 the Local Law
Enforcement Block Grant and the City of Fort Worth that all monies to Contractor hereunder
shall be exclusively from monies received under said Grant and required matching funds, and not
from any other monies of the 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.
If for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City
may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery
by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date
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for which funding has been appropriated by the City Council for the purposes set forth in this
Agreement.
5.
All equipment purchased with grant funds must meet all eligibility requirements of the Local
Law Enforcement Block Grant and the City of Fort Worth. Contractor shall maintain equipment
purchased under this grant and use such equipment exclusively in support of this program. All
equipment remains the property of the City until such time as title is received from the Bureau of
Justice Assistance. Within 10 days following the end of the calendar year Contractor shall submit
to City a detailed inventory of all equipment purchased with Local Law Enforcement Block
Grant and City of Fort Worth funds including the date purchased, and description cost and
location of each piece of equipment. It is hereby understood Contractor shall replace or repair
any item of equipment used is support of this grant and/or for use under the terms of this
Agreement that no longer functions or it lost or stolen, and that Contractor shall not use grant
funds or City funds to repair or replace said equipment.
6.
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
Local Law Enforcement Block Grant and City of Fort Worth funds. All records shall be retained
for three years following the termination of this agreement. City and United States Department
of Justice or their representatives shall have the right to investigate, examine and audit at anytime
any and all such records relating to 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 will be undertaken and may be conducted either by City or an
Independent Public Accountant of City's choice. Contractor, in accordance with Circular A-133,
shall submit a copy of any audit performed by their independent auditor within 30 days of receipt
of the final audit report.
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.
7.
It is understood and agreed that this contract may be terminated by City, in whole or 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 maybe necessary for completion
of the work not terminated; and
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(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 or City monies distributed hereunder,
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, mid 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 service 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.
10.
CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
OF THE CITY OF FORT WORTH, ITS OFFICERS,AGENTS, SERVANTS AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH,TO ANY AND ALL
PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR
ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE,ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF
THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,ACTIVITIES
AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO ASSUME RESPONSIBILITY FOR ANY
AND ALL INJURY,DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY OF
FORT WORTH,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR
OMISSIONS OF CONTRACTOR, ITS OFFICERS,AGENTS,EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES OR PROGRAM PARTICIPANTS.
IN THE EVENT IT IS DETERMINED THAT CONTRACTOR HAS MISUSED,
MISAPPLIED OR MISAPPROPRIATED ALL OR ANY PART OF THE GRANT
FUNDS DESCRIBED HEREIN, CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS OR SUITS
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RESULTING FROM SUCH MISUSE, MISAPPLICATION OR MISAPPROPRIATION
OF SUCH FUNDS.
11.
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. It is
agreed that the City has the right to inspect and approve in writing any proposed lease
agreements or subcontracts between Contractor and any subcontractor or sub-lessee engaged in
any activity in conjunction with this grant funded project prior to any charges being incurred.
12.
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, member or program participant 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 thus paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors, shall render this contract voidable by the City of Fort Worth.
13.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor 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, 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.
14.
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person or persons because of sex, race, religion,
color, sexual orientation 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,
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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 be either the Contractor, its agents, employees or subcontractors.
15.
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 and City funds strictly for those purposes and,
goals intended under the terms and conditions of the Local Law Enforcement Block grant and
City of Fort Worth and the attached Exhibits. It is agreed and understood that if City calls the
attention of Contractor to any such violations 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.
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. Any
such termination shall be subject to the provisions of Exhibits, attached hereto.
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 or 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 or Contractor 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 or District'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,
6
performance, attempted performance or non-performance of this contract and agreement, venue
for said action shall lie in the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas,Fort Worth Division.
20.
The governing bodies or boards of City and Contractor have approved the execution of
this agreement, and the persons signing the agreement have been duly authorized by the
governing bodies of the City and Contractor to sign this agreement on behalf of the governing
bodies or boards.
21.
This written agreement constitutes that 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.
IN WITNESS WHEREOF, the parties hereto have executed Aiis agreement in multiples
in Fort Worth, Tarrant County, Texas, this day of 2003.
ATTEST: CITY OFF RT TH
"u-j / By:
Joe P i a s
' Assist nt Manager
APPROVED AS TO FORM
AND LEGALITY: � 'y �3
Contract Authorization
Date
By. a
Assistant Ci Attorney
for David tt, City At
BOYS & GIRLS CLUBS OF
GREATER FORT WORTH
By: r'
Jo ordova
P e ident
EXHIBIT "A"
Comin' Up Gang Intervention Program
Objectives
October 1, 2001 - September 30, 2002
1. To identify gang members in need of this program's services by seeking referrals from
the police, schools,juvenile probation and the other relevant agencies and organizations,
e.g. Parks and Community Services.
2. To provide extended services in seven (7) targeted areas that will attract and involve 100
gang-involved youth at each site. The targeted areas and sites are;
Como: Como Community Center
Diamond Hill: Diamond Hill Community Center
Near Southeast: Hillside Community Center
Near Southside: Fire Station Community Center
Northside: Northside Boys & Girls Clubs
Polytechnic: Sycamore Community Center
Stop Six: Eastside Boys & Girls Clubs
3. To assess the needs and interests of each targeted youth and develop specific plans of
action to meet the needs of these youth.
4. To provide needs-focused services and activities, (i.e. academic programming,
employability and job development) directly through the project, as well as through a
clearly defined networked of collaborating organizations and agencies.
5. To refer family members to appropriate services, as special needs are identified while
working with specific program participants.
6. To establish relationships and respect between youth from different areas and
neighborhoods in the city that would otherwise interact negatively or even
violently.
7. To employ seven (7) program participants (one from each site) to serve as part-time
community outreach workers, to further access and dialogue with gang involved youth.
8. To support the development of truces among rival gangs as issues arise and reduce
random gang violence through peer mediation and project staff involvement.
s
EXHIBIT "B"
Comin' Up Gang Intervention Program
Grant Based Measures
October 1, 2001 - September 30, 2002
1. Identify 700 gang members to participate in the program.
2. Provide extended services for 700 participants utilizing external professional services to
address the individual needs of participants.
3. Ensure minimum of 20% of participants make life-charges including:
• Graduating from high school
• Obtaining a GED
• Completing of a semester of college
• Securing a permanent job and retaining the same job for a minimum of three
months.
4. Provide 60 inter-site activities
5. Develop 16 truces among gangs
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Exhibit"C"
COMIN'UP GANG INTERVENTION PROGRAM BUDGET
Budget Period 10/1/01 —9/30/02
Salaries
Comin' Up Project Director 46,613
Comin' Up Program Dir 41,492
Prevention Facilitator 38,222
Intervention Mediator 27,968
Program Coordinators (7) 206,176
Program Assistant 26,164
Youth Develop Specialist 14 @ $8.50 113,859
Outreach Worker 7 @ $6.50 43,534
Accounting 34,040
Total Salaries 578,068
FICA 44,222
Unemployment 13,635
Worker's Compensation 18,850
Health Insurance @$230 per month 38,014
Life/Disability @ $25 per month 4,140
Retirement 12% on$597158 66,037
Total Benefits 184,898
Total Personnel 762,966
Professional Fees
Service Providers 4,368 hr @ $20/hour 84,000
Emp Drug
Screening/Background MVR @ $50 x 48 2,400
Prorated portion of audit 5,000
Total Professional Fees 91,400
Travel/Vehicle
Maintenance/Training Vehicle
Insurance 23,800
Vehicle Maintenance
Gas/Oil/Tags/Inspections
$250 per site per month 19,320
Mileage Reimbursement 16,560
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Staff Training
Each Program Coordinator, Intervention Specialist,Program
Director, Mediator& Project Director to attend training to
enhance their knowledge of working with high-risk youth, CPR
& I"Aid Training $500 each year 5,500
Participant Travel 17,939
Mediation Retreat
Program Activities for program completion @$180 per site per
mo including:
Total Travel & Training 83,119
Supplies
Office Supplies & Copying Services for program
documentation @$950 per mo 11,400
Program Supplies @ $450 per
Site/Month 37,800
Total Supplies 49,200
Telephone
Mobile Phones 4,800
Beepers 1,872
Telephone Service 9,000
Total Telephone Service 15,672
Other
Postage 3,300
Occupancy/Rent 6, 072
Care of Building 4,500
Occupancy Insurance 6,500
Liability/Accident Insurance 8,530
Total Other 28,902
Final Payments for FY 2002-2003 Comin' Up 160,728
Total City Budget 1,352,783
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EXHIBIT "D"
Boys & Girls Clubs of Greater Fort Worth
Insurance Certificate
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/4/2003 - Ordinance No. 15734
DATE: Tuesday, November 04, 2003
LOG NAME: 3535LLEBG03 REFERENCE NO.: **G-14138
SUBJECT:
Local Law Enforcement Block Grant (LLEBG) Programs, Year 8
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a grant award from the U.S. Department of Justice in the amount
of$714,881 for the period October 1, 2003, through September 30, 2004; and
2. Authorize the transfer of $104,555 from the General Fund to the Grants Fund as the cash match to the
Local Law Enforcement Block Grant (LLEBG) program; and
3. Authorize the transfer of $500,000 from the General Fund to the Grants Fund to fully fund the Comin'
Up program for the period October 1, 2003, through September 30, 2004; and
4. Authorize the transfer of $160,728 from the General Fund, Parks and Community Services operating
budget, to the Grants Fund to complete funding of the Comin' Up program for the period August 1, 2003,
through September 30, 2003; and
5. Authorize the use of interest earned in the amount of$55,000; and
6. Approve a contract with the Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up Gang
Intervention Program; and
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $1,535,164 from available funds.
DISCUSSION:
The 8th year of funding of the LLEBG program for Fort Worth includes $714,881 in federal funds, $104,555
in cash match, $500,000 from General Revenue funds - Non-Departmental to fully fund the Comin' Up
program for the current fiscal year, $160,728 from General Revenue funds from the Parks and Community
Services Department to complete funding of the FY2002-2003 program, and an estimated $55,000 interest
earned for a total of $1,535,164. The funds will be provided in advance with an award date of October 1,
2003, and the City will have up to 2 years to expend these funds. Funds may be placed in an interest
bearing account, and all accrued interest will be considered program income and must be used on LLEBG
projects. These will be placed in a separate account and used for closing costs and/or equipment needed
at the end of the grant. Matching funds are budgeted in the Non-Departmental, General Fund. LLEBG
regulations do not allow payment of indirect costs. The following programs would be continued under the
LLEBG program:
Logname: 3535LLEBG03 Page 1 of 2
Comin' up $1,352,783
This is the City's gang intervention program, operated by the Boys & Girls Clubs of Greater Fort Worth
since 1993. In order to reduce gang-related violence, this program diverts gang members into activities
such as job training, counseling, GED programs, family referrals, and case management. The total funds
include $692,055 directly from the LLEBG and required matching funds, $500,000 from General Revenue
Funds to fully fund the program for FY2003-2004, and $160,728 to complete FY2002-2003 funding.
Drug Treatment Court $ 102,257
In 1995, the Police Department provided seed funds from the Comprehensive Communities Program (CCP)
grant to Tarrant County to initiate a drug treatment court as an alternative program to incarceration. The
drug treatment court targets the victims of the dealer, the drug-dependent user, and attempts to break the
cycle of drug abuse.
Mental Health Liaison Program $ 25,124
The Mental Health Liaison Program was added to the Disparity Agreement with Tarrant County two years
ago fallowing extensive discussions. It was previously funded with awarded assets, but will be moved to
matching grant funds this year due to funding restrictions and limited availability of awarded funds. These
funds allow the program to provide information resources for officers on a 24/7 basis, and training for field
officers.
Interest Earned $ 55,000
All accrued interest will be considered program income and must be used on LLEBG projects. These will
be placed in a separate account and used for closing costs and/or equipment needed at the end of the
project. This is an estimated amount based upon interest earned during the first LLEBG.
Grand Total $1,535,164
The Disparity Agreement with Tarrant County was approved by the City Council on August 26, 2003 (M&C
G-14063).
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations 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 451891 035423890000 $714,881.00 GG01 538070 0905500 $104.555.00
GR76 472001 035423890000 $765.283.00 GG01 538070 0801000 $160.728.00
GR76 441012 035423890000 $55.000.00 GG01 538070 0905500 $500.000.00
GR76 VARIOUS 035423890010 $1,535.164.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (48386)
Additional Information Contact: D. E. Garrett (48067)
Logname: 3535LLEBG03 Page 2 of 2