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HomeMy WebLinkAboutContract 29036 CITY SECRETARY J 05-2.2-03A03 :20 RCVD CONTRACT NO. -;6ce� STATE OF TEXAS § INTERAGENCY AGREEMENT § COUNTY OF TARRANT § This agreement is made and entered into by and between Tarrant County, a political subdivision of the State of Texas, (hereinafter referred to as "County"), and the CITY OF FORT WORTH, a municipal corporation situated in Tarrant County, Texas, (hereinafter referred to as "City"), pursuant to Chapter 791 of the Texas Government Code concerning interlocal cooperation contracts. WITNESSETH WHEREAS, the County and City wish to jointly conduct Project Spotlight, supported by funding from the Criminal Justice Division of the Governor's Office, State of Texas, according to conditions and agreements as approved in the original agreement described in Exhibit "A", which is attached hereto and incorporated herein by reference, which calls for City to provide two (2) police officers assigned to Project Spotlight; and WHEREAS, it is acknowledged by the City that the police officer salaries and benefits will be paid by and reimbursed to the City using Project Spotlight grant funds; that the payments to each police officer will be approximately $63,562 (salary and benefits), and that the total amount will not exceed $127,124 for (2) officers (salary and fringe benefits)for the current grant period; and WHEREAS, the City provides host offices for two Fort Worth Spotlight teams within or contiguous to zip code areas 76106, 76111, 76119, 76104, and 76105, which are identified as Project Spotlight neighborhoods; and WHEREAS, the City's source of funds would not normally have been used for the purpose of being assigned to Project Spotlight; and WHEREAS, the City and County believe it to be in their best interests to join in this interagency agreement to continue Project Spotlight in accord with agreements made in the original contract (Exhibit "A"); and WHEREAS, the City and County agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I Purpose The purpose of this Agreement is to allow the City and the County to jointly share in the renewed grant as approved in the original agreement of March 24, 2000, submitted to the Criminal Justice Division. The 2003 Project Spotlight grant application contains a funding request to continue Project Spotlight, including funding for the above police officers' salaries and benefits, adjusted as may be necessary to remain within applicable compensation schedules. The currently approved grant budgets are attached hereto as Exhibit "B" and made a part hereof for all purposes. ARTICLE II Reimbursement It is agreed that the police officer salaries and benefits will be paid by and reimbursed to the City by the County using Project Spotlight grant funds; that the payments to each police officer will be approximately $62,644 (salary and benefits), and that the total amount will not exceed $127, 124 for(2) officers (salary and fringe benefits)for the current grant.period. ARTICLE III Term The term of this agreement is to commence on February 1, 2003, and to end on January 31, 2004. In the event a party decides not to continue its participation in the Project, written notice of such a decision should be made to the authorized official of that agency at least 30 days in advance of termination of the project. ARTICLE IV Amendments This agreement may be amended by the mutual agreement of a parties hereto in writing, to be attached to and incorporated into this Agreement. 2 ARTICLE V Legal Constructions In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VI Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, nor promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Juvenile Services reserves the right to terminate this contract at any time without penalty upon 30 days notice to authorized officials. EXECUTED in d1i rr0�licate originals, each of which shall have the full force and effect of an original, on this the �f day of ,2003. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this ( ��� day of ' , 2003. ATTEST: CITY OF FORT WORTH B : ity Secreta Libby W6 son Assistant City Manager AP ROVED AS TO ORM AND LEGALITY: i orney contract �Authorization Date: If i o 03 ' 3 Date 3 ATTEST: TARRANT COUNTY, TEXAS By: Z�L Z�k,,�19/)e'a'z2l; Court Clerk Tom Vandergriff County Judge TARRANT COUNTY JUVENILE BOARD Zoe OWN% ze" Randy C erton C y D. Cockerell Chairm , Juvenile Board DiVector, Juvenile Services Tarr County Tarrant County Date: Date. .3z± /6 3 Funds Certified Available By: °r Certification of Funds Available o for the Amount of$ 27 1 J6ZWM�ell, Auditor Tarrant County, Texas Approv Dorm for District Attorney roved as to Form" "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 contract Qr legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered sole!;for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attomey(s). 4 Exhibit 'ACITY SEC" l J CON R CT NO Y 7D AGREEMENT FOR PARTICIPATION IN PROJECT SPOTLIGHT This Agreement is entered into by and between Tarrant County Juvenile Services, Community Supervision& Corrections Department of Tarrant County, Tarrant County, the City of Fort Worth, and the City of Arlington. RECITALS Whereas, the State of Texas has awarded a grant ("the Grant") to Tarrant County Juvenile Services for the purpose of conducting "Project Spotlight" as that project is described in the publication from the Criminal Justice Division of the Office of the Governor, which is attached hereto,marked Exhibit "A" and incorporated herein by reference. Whereas, Tarrant County Juvenile Services,Tarrant County,the Community Supervision & Corrections Department of Tarrant County,the City of Fort Worth, and the City of Arlington desire to participate in Project Spotlight by providing personnel and equipment to assist in the intensive supervision of probationers. Whereas,Tarrant County desires to assist Project Spotlight by receiving the grant funds from the State of Texas and administering said funds for the benefit of the parties to this Agreement. AGREEMENT 1. The Parties agree to furnish personnel and equipment to fulfill the goals and standards of Project Spotlight as set forth in Exhibit"A." The Parties further agree that all personnel assigned, designated, or ordered to perform duties for Project Spotlight shall receive from the assigning Party the same wage, salary, pension and all other compensation and other rights for such service, including injury or death benefits and workers compensation benefits,as though the service had been rendered strictly for the assigning party. -1- 2. The City of Fort Worth, the Community Supervision & Corrections Department of Tarrant County, and the City of Arlington agree to submit an invoice to the Director of Tarrant County Juvenile Services ("the Director") each month during the term of the Grant to request reimbursement from Grant funds of expenses incurred for personnel and equipment assigned to Project Spotlight subject to the budget for the project. A copy of the budget is attached hereto, marked Exhibit "B," and incorporated herein by reference. The Director shall review such invoices and, if appropriate, approve them for payment by the Tarrant County Auditor. Tarrant County agrees that the Tarrant County Auditor shall pay all invoices approved by the Director from the grant funds described hereinabove. 3. The Parties agree to abide by all terms of the "GRANTEE ACCEPTANCE NOTICE," a copy of which is marked Exhibit "C," attached hereto, and incorporated herein by reference. The Parties also agree to abide by any and all regulations of the State of Texas pertaining to Project Spotlight. 4. The Parties agree that the Director shall have supervision and control over the operations of Project Spotlight to coordinate the sharing of information between the Parties. The Director shall have the duty to file all reports,grant adjustments,and any other documents mandated by the State of Texas regarding the Grant. The Parties agree to timely furnish the Director any and all information necessary to prepare and file mandated reports. 5. The Chief Administrator of each Party to this Agreement shall reserve the right to assign their personnel to teams,to approve the assignment of teams to probationers, subject to court orders, and to develop and implement policy concerning the conduct and participation of their personnel in "Project Spotlight", subject to the terms of the Grant. -2- 6. The Parties agree that,in the event any personnel assigned to Project Spotlight is cited as a defendant in any civil lawsuit arising out of his or her official duties as a participant in Project Spotlight, such personnel will be entitled to the same benefits that such officer would be entitled to receive had such civil action risen out of any other official act within the scope of his or her duties as an employee of his or her appointing entity; A. The Parties to this Agreement are governmental units as defined in the Texas Tort Claims Act, Chapter 101, Texas Civil Practice&Remedies Code. Each Party reserves the right to assert all rights available to it under the Tort Claims Act, including, but not limited to, immunity from suit and liability and limitation of damages for all claims that are subject to the Tort Claims Act. B. Each Party to this Agreement agrees that no other Parry to this Agreement shall have liability for the actions or omissions of an individual employed by another Party to this Agreement,regardless of the location where such individual's actions occurred. Each Party agrees that it is solely responsible for the actions and omissions of its employees and officers. The Parties acknowledge that "Project Spotlight" calls for cooperation among the entities that are parties to this agreement, but that the personnel assigned to "Project Spotlight" are solely the agents of their assigning entity and are not the agents of any other party to this Agreement. 7. In the event that the operation by personnel assigned to "Project Spotlight"of a vehicle donated or loaned to "Project Spotlight"results in personal injuries and\or property damage or loss, the Party to this Agreement responsible for assigning said personnel to the project shall be liable for any such personal injuries and\or property damage or loss,provided that such party would -3- be liable under the Texas Tort Claims Act. Each party expressly waives all claims against every other party for compensation for personal injury or death occurring as a consequence of the performance"of this agreement, except for acts in violation of law. 8. Each Party to this agreement represents that the person signing this agreement on behalf of said entity is fully authorized and empowered to do so. 9. This Agreement shall be deemed effective on the date the Agreement is signed by the last party to sign the Agreement, and shall terminate on the date the Grant or any extension of the Grant expires. Signed and executed this the day of ZLJf C'� -149�- G' TOM VANDERGRIFF JITY OF 60RT WORTH TARRANT COUNTY 3 D By: f�rs•sy w,�avY, TARRANT COUNTY, TEXAS 'LA TH M ON CITY OFA ON ASSISTANT DISTRICT ATTORNEY By: William F.VTder, Jr. Ap ved as toFo * .wa»ty City Manager D ALD R. SMITH ATTESTED BY DIRECTOR COMMUNITY SUPERVISION & CORRECTIONS t DEPARTMENT OF TARRANT COUNTY ' *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 contract or legal document on behalf of other parties. Our review 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 attomey(s). K:\CIVIL\THOMPSON\.JUVENILE\spotlight.contract (3-- APFO1/ED AS LEGALITY: -4- ('X 3 � Contract Authorization CityAtt pate ?A F&�-Ua Date Exhibit "B" APPROVED ADJUSTED BUDGET SUMMARY CJD Cash Match In Kind TOTAL A. Personnel: $235,546 $0 $0 $235,546 B. Contractual: $86,378 $118,765 $0 $205,143 C. Travel: $0 $0 $0 $0 D. Equipment: $0 $0 $0 $0 E. Construction $0 $0 $0 $0 F. Supplies: $0 $3,000 $0 $3,000 G. Indirect: $0 $0 $0 $0 Total: $321,924 $121,765 $0 $443,689 Budget Detail: A. 3 Juvenile probation officers- 100% of time- $120,090 Fringe benefits- $43,879 1 Supervisor- 100%of time- $58,744 Fringe benefits- $12,833 B. Contract for 2 Fort Worth police officers- $52,456 Fringe benefits- $11,106 Contract for 1 Arlington police officer- $22,816 Contract for electronic monitoring- $16,145 Contract for post adjudication program- $18,800 Contract for Tarrant County Advocate Program- $25,000 Contract for Family Preservation program- $25,000 Contract for drug testing and equipment- $17,196 Contract for weekly counseling and education services, $16,624 F. Office Supplies- $3,000 Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 2001-Juvenile Justice Page No.2 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY Grant Number: SF-03-Ai0-14929-06 Region: 0400 Grantee: Tarrant County Date: 08/30/02 Project Title: Project Spotlight Grant Period: 02/01/2003 to 01/31/2004 Funding Source: SF-State Criminal Justice Planning(421) Fund CJD Cash Match In-Kind TOTAL A. Personnel: $143,107 $0 $0 $143,107 B. Contractual: $115,556 $0 $0 $115,556 C. Travel: $14,950 $0 $0 $14,950 D. Equipment: $0 $0 $0 $0 E. Construction: $0 $0 $0 $0 F. Supplies: $48,310 $0 $0 $48,310 G. Indirect: $0 $0 $0 $0 Total: $321,923 $0 $0 $321,923 Budget Detail: A 3 Adult probation officers- 100%of time- $107,310 Fringe benefits- $35,797 B. Contract for 2 Fort Worth police officers- $52,456 Fringe benefits- $11,106 Contract for 1 Arlington police officer- $29,708 Fringe benefits- $16,192 Contract for drug lab urinalysis- $2,394 Contract for psychiatric assessments- $1,200 Contract for life skills counseling- $2,500 C. Juvenile probation instate travel/training- $4,150 Adult probation Instate travel/training- $4,150 Police in state travel/training- $5,200 Juvenile probation local mileage- $725 Adult probation local mileage- $725 F. Vehicle lease- $29,700 Fuel- $3,250 Insurance- $4,200 Mobile phones- $7,680 2003-Criminal Justice Post Office Box 12428,Austin,Texas 78711 (512)463-1919 Copier lease- $2,580 Uniform supplies- $900 2003-Criminal Justice Post Office Box 12428,Austin,Texas 78711 (512)463-1919 RECEIVED c SEP - 2 2003 09-02-03 A10 * 17 IN TARRANT COUNTY JUVENILE SERVICES CAREY D.COCKERELL LYN WILLIS Director Assistant Director August 8, 2003 Ms. Cristi Lemon City of Fort Worth Police Planning and Research 350 W. Belknap St Fort Worth, TX 76102 RE: Tarrant County Interagency Agreement Dear Ms. Lemon: Please find a fully executed copy of the interagency agreement between Tarrant County and the City of Fort Worth. If you have any questions, please contact our office at 817- 838-4643. Sincerely, Wendy fk' pe Executive Secretary The Scott D.Moore Juvenile Justice Center•2701 Kimbo Road-Fort Worth,Texas 76111 Administrative Offices: 817/838-4600-Lynn W.Ross Juvenile Detention Center: 817/838-4610-FAX 817/838-4633 City of Fort Worth, Texas "ayor And Council Communication DATE REFERENCE NUMBER LOG NAME I PAGE 5/13/03 **C-19583 1 35SPOTLIGHT03 1 of 1 SUBJECT APPROVAL OF INTERAGENCY AGREEMENT WITH TARRANT COUNTY FOR CONTINUATION OF OPERATION SPOTLIGHT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an interagency agreement with Tarrant County to continue the Operation Spotlight Program. DISCUSSION: Operation Spotlight was established by Tarrant County with a grant from the Office of the Governor in February 2000. The program utilizes Fort Worth and Arlington police officers, a juvenile probation officer and an adult probation officer to conduct intensive monitoring and supervision of high risk and/or violent probationers. In Fort Worth, the team focuses its efforts on probationers in zip codes 76106, 76105 and 76119. This team approach provides opportunities to share information regarding probationers with law enforcement officers in the target area. On March 21, 2000 (M&C G-12858), the City Council authorized the City Manager to enter into an agreement with Tarrant County to begin Operation Spotlight. The City Council authorized the City Manager to renew the agreement in 2002 when Tarrant County received continuation funding (M&C C- 19152 dated July 16, 2002). A third grant will provide funds to continue the program from February 1, 2003, to January 31, 2004. Under the renewed agreement, Tarrant County will continue to reimburse the City 100% for two police officer positions, which were authorized for this purpose at the beginning of the program. Tarrant County will reimburse the City up to $127,124 using Operation Spotlight grant funds. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department is responsible for the collection of revenue under this agreement. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GG01 488100 0354102 $63,562.00 Libby Watson 6183 GG01 488100 0355904 $63,562.00 Originating Department Head: Ralph Mendoza 48386 (from) AQPPROVED 05/13/03 Additional Information Contact: Cristi Lemon 48066 City of Fort Worth, Texas "a.qor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/13/03 **C-19584 60EDGECLIFF 1 of 1 SUBJECT AGREEMENT WITH THE TOWN OF EDGECLIFF VILLAGE FOR THE TRANSFER OF CERTAIN SANITARY SEWER LINES AND MANHOLES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Town of Edgecliff Village for the transfer of certain sanitary sewer lines and manholes. DISCUSSION: On April 7, 1987 (M&C C-10266), the City Council authorized a wholesale wastewater contract with the Town of Edgecliff Village. As part of this contract, the Town of Edgecliff Village provides wastewater service to several Fort Worth businesses at the intersection of Alta Mesa Boulevard and Crowley Road (F.M. 731). Currently, two separate connections exist to the Edgecliff Village sanitary sewer (Line A). On April 17, 2003, an informal community facilities agreement with QuikTrip Corporation was executed to provide wastewater service to Lot 1, Block 1, QT 871 Addition, located at the northeast corner of Alta Mesa Boulevard and Crowley Road. In lieu of establishing a third connection to the existing Edgecliff Village sewer line to serve a property within the City of Fort Worth, the Fort Worth Water Department proposes to assume the maintenance and ownership of Line A, south of the mutual city boundary. The Town of Edgecliff Village approved and executed this agreement on March 13, 2003. This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Maebell Brown(Acting) 8207 (from) APPROVED 05/13/03 Additional Information Contact: Maebell Brown(Acting) 8207