Loading...
HomeMy WebLinkAboutContract 25761 CITY SECRETARY CONTRACT NO. � ' I STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth has received a Law Enforcement Block Grant from. the Bureau of Justice Assistance for additional criminal justice programs in said City as well as for certain assistance to be provided by outside personnel under contract with the City; and WHEREAS, Tarrant County proposes to continue the Juvenile Drug Court Intervention and Treatment 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 fluids 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 finds 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 $150,000. 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 IU 11 Y IIIL�LIJ,I,'rI���IhG 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 Bureau of Justice Assistance Grant No. 98-LBVX-2620; 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 Bureau of Justice Assistance grant funds. 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 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 Bureau of Justice Assistance 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. 10. RICI" 1' G"'�C��.1�'D 3 ale U 2M rM�I j(`EY U 4�i r�,!IU.�L�UIIq U�IN� 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, 'Jaw 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. 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 lig�U II�M1 _. �1_r� :a�`a✓I 4 MNr ��LIS U�IU ,1rr, 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 Local Law Enforcement 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. lb. 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. 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. :40W MGM G'Dc�1�5 } o 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. r i �ir, _ 0 6 �j, .u� '!l�l � vii', IN WITNESS WHEREOF, the parties hereto have exec ted this agreement in multiples in Fort Worth, Tarrant County, Texas, this14- day of UUU A.D., 2000. AT ST: CITY OF FORT WORTH By: C City Secretary Elibby Wat4on Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �ontrect Authorization ' Z D a t:'e Assis nt Ci Attorney TARANT CO TY, TEXAS 41 Date: By: Tom Vandergriff County Judge A i TBS i: Z� i D 1,�3f '/ District rney By law, the District Attorney's Office may only advise or 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. 7 NMI �* 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 JER MY HAND AND SEAL OF OFFICE this `�" day of 2000. (L�C 0 _ Notary Public in and for RHODEN the State of Texas t .v iary Public +ki E OF TEXAS !W, Exp 02l28001 Y+a J'J.VVV 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 CZ:39 , 2000. ------------------- ------- �►"" ROSELLA BARNES *1 NOTARY PUBLIC State of Texas Comm. Exp_03-31-2001 Notary Public in and for the State of Texas v V ('C; ilk,k v'EC00 0�© EXHIBIT A TARRANT COUNTY JUVENILE DRUG COURT Grant Period: 09/01/99 through 08/31/00 PROGRAM GOAL: To provide a juvenile drug court treatment and intervention program as an alternative to incarceration for juveniles referred to Juvenile Court for offenses involving possession of illicit drugs. Objective: To identify juvenile offenders needing drug related treatment Objective: To provide comprehensive drug assessment and treatment services to juvenile offenders and their families Objective: To provide ongoing judicial oversight of progress made and respond immediately to non-compliance with treatment requirements ,.. Objective: To provide opportunities for skill development that support a youth and family to lead a productive, substance-free and crime-free lifestyle PROGRAM GOAL: To assist youth-serving agencies to make needed services more accessible PROGRAM GOAL: To collaborate with partners to educate the community about crime and the role of inhalants, drugs and alcohol in the life of its youth Project Budget: I. Professional Services Community-based Education and Treatment $ 150,000 To be provided by seven service providers Under contract to Tarrant County Juvenile Services 6Ca�A:L +EV�o. CNN EVII L U, ,C-J!':U H, 1 rh e C� COMMISSIONERS COURT REFERENCE NUMBER PAGE I OF ,� .... COMMUNICATION DATE: 03 i 07 i 2000 SUBJECT: Contract for Transfer of Local Law Enforcement Block Grant Funds ACTION REQUESTED: AUTHORIZATION TO SIGN CONTRACT FOR TRANSFER OF FUNDS FROM CITY OF FORT WORTH TO TARRANT COUNTY FOR SUPPORT OF JUVENILE DRUG COURT PROGRAM. BACKGROUND: The City of Fort Worth has designated $150,000 in continuation funding from their Local Law Enforcement Block Grant Program to provide support for the Tarrant County Juvenile Drug Court Program (existing block grant funds). The City of Fort Worth provided the initial funding for the Juvenile Drug Court Program from Block Grant and Comprehensive Communities funding in the amount of$497,324. The Juvenile Drug Court Program was implemented by the Juvenile Court and the Juvenile Department pursuant to a contract signed by Commissioner's Court on September 29, 1998. The Juvenile Drug Program targets juveniles with substance abuse problems and attempts to divert them form further drug abuse and crime through assessment, early intervention, and treatment. The continuation funds will be used to provide additional treatment options for juveniles before the Juvenile Court. Mr. Larry Thompson of the Tarrant County District Attorney's Office has approved this contract as to form and legality. FISCAL IMPACT: The grant award does not require a match. Funds to support the Juvenile Drug Court are administered through Fund P15. DISPOSITION BY COMMISSIONERS COURT ,w* ❑APPROVED ❑OTHER[describe] SUBMITTED BY [DEPT.]: Tarrant County Juvenile Services PREPARED BY: Lyn Willis City of Fort Worth, Texas iV "Uor and Council Communication n REFERENCE NUMBER LOG NAME PAO[ 912M G-12350 35BLOCK 10(4 y LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAMS-YEA 3 RECOMMENDATION: It is reoDrnmended that the City Council: 1 1. Authorize the City Manager to accept a grant award from the Department of Justice In the amount of $1,437,088 for the Local Law Enforcement Block Grants Program for the period of October 1, IM through September 30, 2000; and 2. Auft4tze the transfer of $150,676 from the General Fuad to the Grant Fund as cash match to the Laval Law Enforcement Bloc%Grants Program; and C3. Authorize the use of Interest earned in the amount of$90,000; and 4. Adopt the attached appropriation c-dinance increasing estimated receipts and appropriations In the Grant Fund by$1,686,764 from available funds; and i 5. Approve contracts with the Boys & Girls Club of Greater Fort Worth in the amount of $1,035,082, Tarrant County Juvenile Services ($200,000)and Tarrant Direct Court ($50,000); and + 6. Authorize the City Manager to waive indirect costs In the amount of$10,000. DISCUSSION: t The third year of funding of the Local Law Enforcement Block Grant Program for Fort Worth Indudoo $1,437,088 In federal funds, $159,676 in cash match, and an estimated $90,000 Interest earned for a total of $1,686,764. The funds will be provided in advance, beginning Oct 1, 1998 and the Clty WIN have up to 2 years to expend these funds. Funds must be placed In an Interest bearing eccount, and all accrued Interest will be considered program Income and must be used on Local law Enfomernertt Block Grant 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 Non-Departmental, Gen" ' - Fund. Local Law Enforcement Block Grant regulations do not allow payment of Indirect costs. Grant proposals were solicited from within the Police Department, as well as other City departments. The following proposals are continuations: POLICE ' Auto Etching $79,067 The two equipment operators hired during the first year of funding will continue to etch automobiles and property at various locations throughout the City. The primary focus of the auto etching pro¢ram Is to etch the vehicle Identification number (VIN) on the front and back windshields, as well as other parts of the vehicle In order to make the vehicle less likely to be stolen. In addition, the auto etchers will *loo go to various businesses to etch their equipment such as office equipment, computers, etc. The ruto etchers have etched mcre than 4,500 vehicles and etched the property of 68 businesses. . i City of Fort Worth, Texas W0r And Council Communication Tt P.&"mNG[NUMBER LOG NAME PAGE Grim G-12350 35BLOCK 2 of 4 * LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAMS-YEAR 3 Grime Prevention $23,000 To purchase crime prevention videos, educational aids, supplies, printing and developing brochures In die use of crime prevention programs. Equipment $72,081 For tt+e ourchase .1 technical equipment and/or upgrade of computers in the Police Department to erliance effwWicy and effecddveness. FAIM i CowWJNrrY 89RVIMS Comin'Up $1,035,982 This Is the City's gang Intervention program, operated by the Boys & Girls Club of Greater Fort Worth since 1993. In trying to k6ep gang members from attacking each other, this program also seeks to offer job training, counseling, GED programs, family referrals and case management, From October 1997 through July 1998, over 1,000 gang members have been identified, 839 have been provided extended services. 288 have been targeted for case management, 130 have been referred to various family wvkxm, and 84 truces were made. PUKX HMTH Mentor Initiative of the Teen Outreach Program (MITOP) $39,517 This program will continue its efforts aimed at involving community residents meeting one-on-one with school district students between the ages of 11 and 18. The purpose of. this program Is to build self- esteem, thereby reducting negative behaviors such as school drop-out, drug and alcohol abuse, violence and teen pregnancy. MITOP requires a one-year commitment to meeting with ons FWIBA student for one hour per week on the student's school campus. Currently, 58 matches are In placer. LOPARY Community REsources (CORE) Information & Referral Database $82,857 The Fort Worth Public Ubrary has created a COmmunity REsources Information and Referral database called CORE, to aid at-risk youth and their families. Stand alone computer stations provide easy access for at-risk youth, citizens, law enforcement officers, government and social service agency personnel to search for crime prevention and intervention programs such as Comin' Up. For this third year, tits program will expand the number of computerized information and referral stations, as well as expand and update local health and human service information in the database. Some CORE ^mputer statioris will be added to a few of the Neighborhood Police Stations and homeless shelters. s City of Fort Worth, Texas tv,6aluor And Council izommunycAtion TK REFERENCE NUMBER LOG NAME PAGE W2M G-12350 35BLOCK 3 011`4 ru SueCT LOCAL LAW ENFORCEMENT BLOCK GRANT PR( -YEAR Ewv)y f xT&TRAINING 'New Beginnings' $83,360 The Working Connection will assess the skills, aptitudes and career Interests of up to 20 Individuals who are offenders with substance abuse problems. Those who already possess marketable skills will be refe rrl to a Job Developer for placement. Others who do not have readily marketable skills will be enrolled in vocational skills training to be followed by job placement. The program has &cowed 50 4Wicants and hPs successfully placed 8 applicants. TAM W CW tM Juvenile Drug Court $150,000 The Initial funds were used to implement a juvenile drug treatment court which Is a c A'abora0ve program between the adult drug treatment court, Tarrant County Juvenile Services, Fort Worth Police Department, Crime Prevention Resource Center, Fort Worth Independent School District, and drug treatment service providers. The court will continue to target juvenile offenders with substance &W" problems and attempt to divert them from a life of drug abuse and crime. prug Treatment(DIRECT) Court $50,000 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 uw, and i attempts to break the cycle of drug abuse. Funds were provided to the adult treatment court In the 1998 Local Law Enforcement Block Grant to continue the adult treatment court, but they have obtained odd sources of funds to continue this operation. These monies are to continue the funding of the court coordinator that was hired and whose salary was paid with first year Block Grant monies, IKTRUST EARNED $90,000 All accrued interest will be considered program income and must be used on Local Law Enforcement Block Grant proje.:ts. These will be placed in a separate account and used for closing costs and/or equipment needed at the end of the grant. This is an estimated amount based upon Interest eomed during the first Local Law Enforcement Block Grant. w 1 GRAND TOTAL $1,686,764 i r S t_ City of Fort Worth, Texas i1 "01jor and COU, w--Ozil C, �W aw-'cntion T[ NUMBER LAG T --NAME PAGE- W� G-12350 35BLOCK 4 of 4 n ENFORCEMENT BLOCK GRANT PR, ('-RAMS-YEAR 3 �12Q&INF MADONUCERTtFICABON: The Finance Director certifies that upon approval of the above recommendations, funds will be ave In the currant operating budget, as appropriated, of the Grant Fund. Lw* SmhmkW Itr City MasaWs FUND ACCOUNT CENTER AMOUNT CITY SLCIIYTARY ` OMm by: (to) ' ( 1,4)GR76 451891 03542354800071,437. .00 ' APPROVED L►bby Wauon 6183 2,4)GR76 472001 035423548000 158, CITY COUNCIL tHead: 3,4)GR76 441012 035423548000 90,000.00 1 4)GR76 511010 035421548016-- SEP 29 T%oam Wicdhnn 4-8385 (from) 1;1;; 2)GG01 538070 09055000 159,676.00 a aatact: r� C!n I.apnorT d tIw Cin If/M w"T'm " Tbmw Wim a 4-8385 Adopted SkW unrra No. _��-il