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HomeMy WebLinkAboutContract 38738CITY SECRETArl CONTRACT NQ Memorandum of Understanding C� between 1 The City of Fort Worth, Texas and The County of Tarrant, Texas 1. PARTIES. The parties to this Memorandum of Understanding ("MOU") are the City of Fort Worth, Texas (hereinafter referred to as "Recipient") and the County of Tarrant, Texas ("Subrecipient"). 2. AUTHORITY. This MOU sets forth the Recipient's and the Subrecipeent's responsibilities under the U.S. Department of Justice, Bureau of Justice Assistance, Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant, 3. PURPOSE. The purpose of this MOU is to enhance the working relationship between the parties in order to facilitate effective implementation of the FY 2008 Justice Assistance Grant, in compliance with the Department of Justice ("DOJ") Program requirements. Once awarded, grant funds in the amount of $36,538 shall be used in connection with the Tarrant County Mental Health Liaison Unit and the Tarrant County Adult Drug Court as outlined in the Budget Narrative, attached as "Exhibit A" and incorporated herein by reference the same as if fully copied and set forth at length. 4. RESPONSIBILITIES: A. Recipient: 1. The Recipient is the cognizant fiscal agency of the FY 2008 Justice Assistance Grant Funds and agrees to participate in a collaborative manner with the Subrecipient throughout the life of the grant. 2. After the FY 2008 Justice Assistance Grant is awarded, the Recipient shall facilitate and manage the grant throughout the life of the grant, as required by the grant award contract. 3. The Fort Worth Police Department -Administrative Services Bureau -Grants and Contracts Management Division (ASB-GCMD), will oversee the administration, procurement, and reporting for the Subrecipeint's grant -funded activities and will act as the Fiscal Agent for the FY 2008 Justice Assistance Grant Program funds. Additionally, ASB-GCMD will review and approve (and/or request approval from DOJ) any written requests by subrecipient for modifications of the attached budget (Exhibit A). 4. The Recipient shall pay the Subrecipient an amount not to exceed $36,538 from _,_ ,_��.vailable grant funds for approved services and expenses rendered in accordance with RECORD M�mor i duin'oT N' derstanding between The City of 0 u- 2 3- 0 9 A 0 7 Page I of 5 Fort Worth, Texas and The County of Tarrant, Texas 0 4 -1 7- 0 9 P 0 2* 3 9 IN the terms of this MOU, upon receipt of a proper and verified invoice with satisfactory accompanying documentation of services provided. The reimbursement made to the Subrecipient shall not exceed actual costs incurred to provide the services under this contract. Actual costs, both direct and indirect, must be reasonable and allowable as those terms are defined .and explained in the Office of Management and Budget (OMB) Circulars A-122 and 1-110. B. Subrecipient: 1. Participate in a collaborative effort with the Recipient in the application, administration, and implementation of the FY 2008 Justice Assistance Grant, collaboration to last throughout the life of the grant. 2. Meet all requirements pertaining to administration, procurement, and reporting in connection with the FY 2008 Justice Assistance Grant. Requirements to be met include those found in (1) the Office of Management and Budget circulars, (2) the Office of Justice Programs Financial Guidelines and (3) Exhibit B to this MOU, entitled "Award Document, which is incorporated as part of this MOU." 3. Submit to the Recipient monthly activity reports regardless of level of activity. In addition, the Subrecipient shall submit program updates and other reports requested by the Recipient and DOJ in appropriate format and on a timely basis; and make available at reasonable times, and for reasonable periods, records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Recipient, U.S. Department of Justice, Bureau of Justice Assistance or their authorized representatives. The monthly reports are due to the Recipient no later than the 151h calendar day of the following month. 4. Submit monthly Request for Reimbursement (RFR) forms with an original signature by an authorized representative to Sasha Kane, ASB-GCMD, Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, no later than the 30th calendar day of the following month. Reimbursements by the Recipient will not be made until after receipt of an acceptable and approved RFR and a monthly programmatic report from the Subrecipient. Reimbursements shall be made within 30 days receipt of said documents. 5. Submit any and all proposed changes to attached budget to the Recipient prior to any expenditure deviation from approved budget. No expenditures inconsistent with attached budget shall be made by Subrecipient prior to receiving written approval from Recipient. 6. Maintain financial, programmatic, and supporting documents, statistical records, and other records pertinent to claims submitted during the contract period for a minimum of five (5) years after the termination of the contract period, or for five (5) years after the end of the federal fiscal year in which services were provided. If any litigation, claim, or audit involving these records begins before -the=fifth--(S) year period expires, � �FFICiAL RECORD Memorandum of Understanding between The City of � r �"SECRETARY Page 2 of 5 Fort Worth, �� WORTH' TXTexas and The County of Tarrant, Texas � � the Recipient will notify the Subrecipient of such litigation, claim or audit, and Subrecipient will be responsible for maintaining the records and documents for not less than three (3) years after the final conclusion of all litigation, claims, or audits. Litigation is considered resolved when a final order is issued, or a written agreement is entered into between the DOJ, Recipient and Subrecipient. Audits are considered concluded upon the closure of the audit covering the entire award period. 5. POINTS OF CONTACT A. Recipient The primary point of contact for Recipient is Sasha Kane, telephone number: (817) 392- 4243, email address: sasha.kane a,fortworth og v.org. Monthly financial reports should be submitted by the Tarrant County Auditors Office, in writing, to the Fort Worth Police Department, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane. Programmatic reports should be submitted by the Project Directors of the aforementioned Justice Assistance Grant programs in writing to Fort Worth Police, 350 West Belknap Street, Fort Worth, TX 76102, Attention: Sasha Kane. B. Subrecipient The primary point of contact for Subrecipient is G.K. Maenius, Tarrant County Administrator, 100 East Weatherford St., Fort Worth, Texas 76196-0609, 817-884-1734. Communications regarding monthly programmatic and financial reports should be submitted in writing (copies acceptable) to the Tarrant County Administrator or representative, 100 East Weatherford Street, Fort Worth, TX 76196-0609, Attention: Les Smith, Criminal Justice Manager. C. Recipient and Subrecipient Before any item included in an RFR would be denied as unallowable, Recipient agrees to confer with Subrecipient to allow for clarification and explanation. Recipient agrees to memorialize in writing any oral conversations concerning this subject matter. 6. ENTIRETY OF AGREEMENT BETWEEN PARTIES. This MOU, consisting of five pages, along with Memorandum of Understanding between The Cities of Arlington and Fort Worth, and Coamty of Tarrant, Texas, which is incorporated by reference as if included at length herein, represent the entire and integrated agreement between the parties and supersede all prior discussions and negotiations, representations and agreements, whether written or oral as related specifically to the U.S. Department of Justice, Justice Assistance Grant, 7. IMMUNITY. The Parties and their respective governing bodies do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and � ����CiAL RECORD Memorandum of Understanding between The City of �`�SECRETARY Fort Worth, Texas and The County of Tarrant, Texas To . WORM, ix Page 3 of 5 defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU. 8. INDEPENDENT CONTRACTOR. By executing this MOU, the parties agree to work together to secure grant funding for the Mental Health Liaison Unit and Adult Drug Court as outlined. However, the parties to this MOU do not intend to enter a legal partnership, as that term is used to describe a legal entity and to involve joint and several liabilities. Recipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Subrecipient. Likewise, Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the Recipient. Neither Recipient nor Subrecipient shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 9. OTHER PROVISIONS. Nothing in this MOU is intended to conflict with any current laws or regulations or with the directives of the City of Fort Worth or the County of Tarrant. The provisions of this MOU are severable and if for any reason a clause, sentence, paragraph or other part of this MOU 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. 10. EFFECTIVE DATE. The term of this MOU will become effective on the date it is executed by both parties and remain in effect throughout the grant period. Each party represents that this MOU has been executed by a representative with the authority to contract on behalf of that party. This MOU is null and void if funds are not awarded. 11. MODIFICATION. This MOU may be modified upon the mutual written consent of the parties. Any such written communications should be sent to the following persons at the following addresses: For the City of Fort Worth: Sasha Kane Senior Contract Compliance Specialist City of Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 For hCf T te ounty oarrant: G. K. Maenius 100 East Weatherford St. Fort Worth, Texas 76196-0609 12. TERMINATION. This MOU will remain in effect until the later of (1) the expiration of the grant period or (2) the submission of the final report regarding the Justice Assistance Grant to the Department of Justice, unless one of the parties earlier requests termination or modification of the MOU, accompanied by 60 days' notice of such request. [The remainder of this page was intentionally left blank.] Memorandum of Understanding between The City of Fort Worth, Texas and The County of Tarrant, Texas Page 4 of 5 COUNTY OF TARRANT B. Glen Whitley County Judge Signature: Tarrant County Assistant District Attorney Printed Name: Signature: Date: CITY OF FORT WORTH POLICE DEPARTMENT Tom Higgins Assistant City Manager Signature: Date: `/�/7/d9 Cit Secret Date: ZLD, ZL O O APPROVED AS TO FORM AND LEGALITY: Monica Wood Assistant City Attorney Sign Date: Authority M&C G46247 Contract Number r_ Memorandum of Understanding between The City of Fort Worth, Texas and The County of Tarrant, Texas Page 5 of 5 • • • •L0111 COUNCIL ACTION: Approved on 8/19/2008 —Ord. No. 18224-08-2008 DATE: Tuesday, August 19, 2008 REFERENCE NO.: G-16247 LOG NAME: 35JAGFY08 SUBJECT: 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 1 ►I I►[ I_ ►I 1: 1 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 of 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. 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. 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. ubmitted for City 1 Mal ..