HomeMy WebLinkAboutContract 25762 CITY SECRETARY
CONTRACT No. �--
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS; the City of Fort Worth has received a Juvenile Accountability Incentive
Block Grant from the Texas Criminal Justice division for support of a variety of programs for
juveniles of said City; and
WHEREAS, Tarrant County proposes to continue the Juvenile Sex Offender 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 funds 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 funds 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
$234,088. 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
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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 Juvenile
Accountability Incentive Block Grant # JB-98-J07-13277 from the Texas Criminal Justice
Division 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.
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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
Juvenile Accountability Incentive Block Grant. All records shall be retained for three (3) years
.tem, following the termination of this agreement. City, the State of Texas, and the State Comptroller's
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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 Juvenile Accountability Incentive Block
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.
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,
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.
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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
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 Juvenile Accountability Incentive 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.
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,
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.
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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.
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.
- FRIAL REC UM
6
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, this f/ day of a,66ZY A.D.,
2000.
ATT T: CITY FORT WORTH
B
City Secretary Libby son
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: Contract Authorization
< < - 16-qS
rsDate
AssisUnt City Attorney
TARRANT COUNTY, TEXAS
Date: By:
Tom Vandergriff
County Judge
ATTEST: '
Al
�ss�istrict orney
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.
a•• 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 L1ND R MY HAND AND SEAL OF OFFICE this day of
iDrr,
) 2000.
,u aiy Pubic Notary Public in and for
«` a TE OF TEXAS
I,i.Exp.020V70011
the State of Texas
V� @ �
e� 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 CINDER MY HAND AND SEAL OF OFFICE this day of
,2000.
--------------------------
ROSELLA BARNES
w Co NOTARY PUBLIC 1C dZ� tti �
State of Texas
Comm. Exp. 03-31-2001 Notary Public in and for
the State of Texas
,0•r►
L-11111J IL��
7d.
:c a. COMMISSIONERS COURT REFERENCE NUMBER
r PAGE 1 OF
COMMUNICATION
�. '•.':,•,"' DATE: 03 1 07 / 2000
SUBJECT: Contract for Transfer of Juvenile Accountability Incentive 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 SEX
OFFENDER PROGRAM.
BACKGROUND:
The City of Fort Worth has designated $234,088 from Juvenile Accountability Incentive Block
Grant Funds to support the Tarrant County Juvenile Sex Offender Program. The funding from
Fort Worth will be combined with a JAIBG grant award to Tarrant County and grant funds
dedicated by ten Tarrant County municipalities equal to a total of $814,271. The intent of the
program is to improve the identification, prosecution, supervision, and treatment of juvenile sex
offenders in Tarrant County. The program provides funding for a full-time prosecutor, two
probation officers, specialized offender assessments, and residential treatment. The contract
authorizes the transfer of funds from the City of Fort Worth to Tarrant County for support of the
project.
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 requires a 10% cash match, which will be provided through funds from the
Texas Juvenile Probation Commission. Funds to support the program are contained in Fund
G62.
PER F
DISPOSITION BY COMMISSIONERS COURT
❑APPROVED ❑OTHER[describe]
SUBMITTED BY [DEPT.]: Tarrant County Juvenile Services PREPARED BY: Lyn Willis
EXHIBIT A
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDING
Grant Number: JB-98407-13287
Applicant: Tarrant County
Grant Period: 11/01/1998 through 07/31/2000
Program Goal: To improve the identification, prosecution, supervision and
treatment of juvenile sex offenders in Tarrant County
Program Obj ectives:
• To provide probation supervision to all adjudicated sex offender cases placed on
probation through a specialized unit of probation officers;
• To reduce the number of sexual assault cases dismissed, denied or prosecuted as
lesser or nonsexual offenses because of lack of prosecutorial investigation and/or
preparation.
• To decrease the average length of time a sexual assault case is pending between
referral to the district attorney and filing a court petition
• To increase the number of juveniles placed in residential treatment for sexual assault
in a treatment facility within the geographic boundaries of Tarrant County.
Budget Summary:
CJD/FED CASH FT WORTH CASH PROJECT
FUNDS MATCH FUNDS MATCH TOTALS
(G60) (G60) (G62) TO FORT
WORTH
FUNDS
(G62)
A. PERSONNEL $ 268,338 $ 29,815 -0- $ 298,153
B. PROF fit,CONTR 252,016 28,002 210,680 $ 23,408 514,106
C. TRAVEL -0- -0- -0-
D. EQUIPMENT -0- -0- -0-
E. CONSTRUCTION -0- -0- -0-
F. SUPPL&DOE -0- -0- -0-
6. INDIRECT COST 1,811 201 2,012
TOTAL $ 522,165 $ 58,018 $ 210,680 $ 23,408 $814,271
0E�a
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City of Fort Forth, Texas
f or AnA Couwe;l Cqi�-�iw w-
*codon
i i� 1-55 NAME PAGE
11/10" G-12383 I 35JUVE 100
3
_fiL-AJ4,L,r__5WLAlLE ACCOUNTABILITY INCENTIVE BLOCK GRANT
It is r000nvnended that the City Council:
1. Iurthorize the City Manager to accept, if awarded, a Juvenile Accountability Incentive Block grant
horn the Texas Criminal Justice Division in the amount of $377,991 for the period of November 1,
IM through July 31, 2000; and al ,
2 Adoot the attached ai;,xopriation ordinance increasing estimated receipts and appropriations In the
f Specie Trust Fund,Awarded Assets by$41,998 from available funds; and
3 Authorize the transfer of$41,998 from Special Trust Fund, Awarded Asses-Federal, to the Grants
Fund as crash match to the Juverdie Accountability Incentive Block Gant; and
�. ,'.wvt the attached appropriation ordinance increasing estimated receipts and appropriations In the
Grants Fund by$419,989 from available funds; and
S. Authorize the City Manager to exeajte contracts with Tarrant County Juvenile Services ($234,088)
and the Tarrant County Juvenile Fingerprint Program ($40,000); and
S. Authorize the City Manager to waive indirect costs In the amount of$9,795.
DISCUSSION-
In
ISCUSSION:In mW-August, the City of Fart Worth received notification from the Texas Criminal Justice Division that
K was e4gible to receive $377,991 under the Juvenile Accountability Incentive Block Grant program, a
rww federal program that is being distributed through the Criminal Justice Division. A 10 percent Cash
match or$41,998 is a!su required which would make the total grant project$419,989.
h)an effort to allocate the monies as quickly as possible, the Criminal Justice Division requested that all
vpk,:.cations be submittad by September 30, 1998, so that all awards could be made by November 1,
t 1we.
• As required by grant guidelin9s, a J�Venile Crime Enforcement Coalition was set up with
l ruprcs:;antatives from area law enforcement agencies, prosecutor's and probation offices, the hospital
r 6-,Wict, area businesses and organizations as well as the Fort Worth Independent Schod District,
Tarrant County is also eligible to receive one of these grants. To avoid duplication, It was decided to
est.L U,'i,h one coalition for all grcnts In the county. The Police Department met with Tarrant County
JuvurHe Services, area service prc,..vers, and other law enforcement agencies In the area to fund a
county-wide Juvenile sex offender program for $234,088, to provide funds In the amount of $40,000 for
Vv Juvqnile fingerprinting program and to fund a first offender program for $145,901. Other eligible
ponos departments within the county deobligatud their funds to Tarrant County Juvehile Services for the
s Acme le sex offender project.
•
r....rr 4
City of Fort Worth, Texas
ll'iNNIM PAGE
1111 W Q-12383 35J UVE 200
3
WWM ]IMENILIE ACCOUNTABILITY INCENTIVE BLOCK GRANT
FurWs in to wrew4 of$234,088 will be provided to Tarrant County through a contract for the Juvenile
So OAandsr program, and they will reimburse the City shat a ($23,409) of matching funds for this
prism!. The Paboe Dapartment has previously provided a total of $191,000 for the Tarrant County
,wrMe FW*wpttr&*program from Local Law Enforcement Block Grant and Awarded Assets funds.
Ftr o*q Om Vow w aat was not allocated for this program during FY 1998-99. As a result, a total
of MM hss been sloe"for this purpose from the Juvanile Accountability Incentive Block Grant.
The fort WbM Pabos Dopartrnent has previously applied for state grant funds to initiate a Juvenile first
aftndw program but b date has not been successful In securing these scarce funds. The Juvenile
Ao�ourNaDwty Incentlw Block Grant will be able to provide sufficient funds for a pilot program In the
wna"of $1411,901. Thr Department will hire a Human Services Coordinator to oversee the project
orad swrw as a liaison wlth a private entity that will handle the counseling and treatment portions of the
proper The private group will be located through a request for proposals and an ensuing contract. if
00 program It sucossMA, the Police Department will explore expanding it to other police departments
ftmaouxe iht county In ttw future. Current ousts are disallowed by the grant funding agency.
Thr ffwi"are brokw down as follows:
BCW,. ^rs+e_ CJD Funds Cash Match L2W
ftm-- al(Salwles&Fdnge benefits) $ 44,908 $ 4,990 $ 49,898
coftsclwl 322,796 35,866 358,662
TO"and Training
t E41*00111 6,817 757 7,574
COIt�11R'.110r1
$*on and Dlred Operating Expenses 3,470 385 3,855
Ack 64 l 0 a Costs
TOTAL @ $377,991 $41,998 $419,989
Y3
1
City of Fort Worth, Texas
I(Ylbayor and Council Communication
LOG NME PAGE
11/100 G-123 33 35JUVE 3o(3
kWc ACCOUNTABILITY INCENTIVE BLOCK GRANT
F `' M{FQM"T10N CERTIFICATION:
Pw Flruutot Dlirector certifies that upon approval of the above recommendations, funds will be
waJaWs In tht Current operating budget, as appropriated, of the Grants Fund.
LwJ
t*4.b i,W for Cib Maaapra FUND I ACCOUNT CENTER AMOUNT CrTY SeCCRLTAJtY
unke MTt (to)
.+ 4)GR76 451644 035202552000 $377,991.00 �p^M
111 Id Wr>.oa s 6183 5)GR76 5390120 035 02552072 010 $419,989.00 CITY COUNCIL
2) E 22 488332 0355350000000 41,998.00
s 2)R 538070 41,9 NOV 10 In
T1111111111111 W11111Aam 44395 (from]
l
3iFE72 538070 S 41,998.00 � (�„�,�
Ai�Mi.aal pOtts City 6oer•tar�o!the
• City of Fort Worth T•za•
TWA wma a t 4-9395
AdoPted 01Uflw Noa
Adopted Ordinan�A NO.L