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HomeMy WebLinkAboutContract 26469 CITY SECRETARY , CONTRACT NO. .� STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that a youth gang prevention and education program and community leadership development is needed by all citizens of Fort Worth; and WHEREAS, the City of Fort Worth has received funds through the Fort Worth Crime Control and Prevention District and the general revenue fund; and WHEREAS, the Crime Prevention Resource Center proposes to provide these programs in accordance with this agreement utilizing that above funds; 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 the Crime Prevention Resource Center, hereinafter referred to as "Contractor," acting by and through Elizabeth Faeth, its duly authorized Executive Director, do hereby covenant and agree as follows: 1. Contract 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","B", "C", and "D" attached, and incorporated herein for all purposes incident to the contract. Contractor agrees to expend the funds herein provided in accordance with its budget as provided to City. Contractor will maintain equipment purchased under this project and use such equipment in support of this program. 2. It is understood and agreed that in no event shall the total distributions of funds made to the Contractor during the term of this agreement exceed the total sum of$55,000 for the Gang Prevention Coordinator project using general revenue funds, $175,000 for the Gang Prevention and Education project using Fort Worth Crime Control and Prevention District funds, for a total of$230,000. Payments to Contractor shall be in four equal quarterly installments of $57,500 each, to be made on the first business day of October, January, April and August of the contract year. ���(Coc [E(CGG� 3. The term of this agreement is for a period beginning on October 1, 2000, and ending on September 30, 2001. 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 funds from the Fort Worth Crime Control and Prevention District; that all monies distributed to Contractor hereunder shall be exclusively from monies received under District funding, appropriated by City; and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or 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. S. 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 the extent specified in the notice of termination; (b) Place no further orders or subcontractors 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 general revenue funds, Fort Worth Crime Control and Prevention District monies distributed hereunder. 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 Fort Worth Crime Control and Prevention District and any general revenue. All records shall be retained for three years following the termination of this agreement. City, the State of Texas, and the Department of Justice or their representatives shall have the right to investigate, examine and audit at any time any and u�(�G(GO �„ lG��G�C all such records relating to the operations of Contractor under this agreement. Upon demand by the City, the Contractor, its officers, members, agents, employees, and subcontractors shall make such records readily available for investigation, examination and audit. 7. Contractor shall deliver to City a quarterly report of its activities and statement of its receipts and expenditures of funds from the Fort Worth Crime Control and Prevention District and any general revenue. Each such statement shall be signed by a duly authorized officer of the Contractor. Each quarterly report and statement shall be submitted to City no later then the 201h day of the following end of the quarter. 8. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by the Contractor under this agreement, and City shall have access at all reasonable hours to offices and records of the Contractors, its officers, members, agents, employees, and subcontractors for the purpose and such monitoring. 9. 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 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, licensees or invitee of the Contractor, nor any program participant hereunder is the paid services of the City and the 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. 10. City shall no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroy or in any way damaged. MY M-111e:11)EM�11P11%, 11. 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 nay and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or no-performance 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 general revenue or Fort Worth Crime Control and Prevention District 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 resulting from such misuse, misapplication or misappropriation of such funds. 12. 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 these projects prior to any charges being incurred. 13. No member, officer or employees of City, or its designees or agents; no members 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 incorporate, like language prohibiting such interest, in all contracts and subcontracts hereunder. No officer, employees, 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 the Contractor, as an officer, employee, i� o� c. p �P:^ ,;'1 11,7: member or program participant. Any willful violations 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. 14. Contractor covenants that neither it nor and 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 or 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. 15. 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 or national origin, not 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 be either the Contractor, its agents, employees or subcontractors. 16. 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 the City. It is agreed and understood that is City calls to the attention of the Contractor any such violation on the part of the 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 these funds strictly for those purposes and goals intended under the terms and conditions of the attached Exhibits. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of the Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 0)1FF�G As E-1E00 E"DO ��YV E"RP R,APV 17. All property approved by the city of Fort Worth and purchased with general revenue, Fort Worth Crime Control and Prevention District funds granted hereunder shall be used solely for the accomplishment of the purposes and work set forth in Exhibits attached hereto. 18. 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. 19. 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. 20. The failure of City to insist upon the performance of any term or provision of this agreement or to exercise any right to herein conferred shall not be construed as a waiver or relinquish to any extent of City's right to assert or rely upon any such term or right on nay future occasion. 21. Should any action,whether real or asserted, at law or equity, arise out of this execution, performance, attempted performance or non performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 22. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this `day of ti , A.D. . ATTEST: CITY OF FORT WORTH - �c ' City Secretary Libby Watson Assistant City Manager Contract Authorization Contract Authorization J,--,9- / 17 LC� Date Date APPROVED AS TO FORM AND LEGALITY: Pi4rneyy Date: CRIME PREVENTION RESOURCE CENTER Attest: By: Eli beth Faeth Executive Director CITY Mlf'kr? ff 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 Elizabeth Faeth, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Crime Prevention Resource Center and that she executed the same as the act of said Crime Prevention Resource Center for the purpose and consideration therein expressed and in the capacity therein stated. {, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of rc� , A.D. 2000. I C. BETTY S.HAWAMS • Notary PWic.State a Texas Notary P lic in and for +` MyCowsimE* `AV'It'2Mthe State of Texas F 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 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 for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2000. Notary Public in and for the State of Texas Ilz �j? :,I:!ij'� C y y' CRIME CONTROL AND PREVENTION DISTRICT EXHIBIT A OCTOBER 2000-SEPTEMBER 2001 Goals: To support the Crime Prevention Resource Center's efforts to prevent and reduce crime and the fear of crime by strengthening partnerships between the Fort Worth Police Department and the private sector. Objectives: To provide public education programs about current crime issues and effective crime prevention strategies. To secure audiovisual materials for the center's resource Library for use by police officers and the citizens of the community. To increase the production and distribution of crime prevention materials in multiple foreign languages. To increase training and education programs for law enforcement personnel, educators, social service providers and citizens on crime issues and crime prevention. To research additional funding opportunities to support crime prevention efforts. To increase training and technical assistance to community groups in developing crime prevention programs and in securing the resources to support them. To publish newsletters bi-monthly to targeted audiences about current crime prevention initiatives. To provide meeting space for community meetings, training sessions, and educational programs. To purchase supplies and materials to support crime prevention programs and projects. To increase the capacity of the Community Advisory Committees of each Neighborhood Policing District by providing training and technical assistance. To build and strengthen partnership between the FWPD and other community-based groups. To serve as a center for information and referral. GANG TASK FORCE EXHIBIT B OCTOBER 2000-SEPTEMBER 2001 Goal: To staff one full time employee for the Crime Prevention Resource Center whose responsibility is to coordinate the implementation of strategies to prevent and reduce crime and violence in the city of Fort Worth with an emphasis on gangs and youth crime issues. Objectives: • To research national and local trends in crime. • To increase public awareness programs and education on gangs, violence, and other pertinent crime issues. • To develop and communicate regularly with a network of local and national experts on t he issues of gangs, crime, and violence. • To develop and coordinate a comprehensive plan for collecting and disseminating information about crime and prevention in a timely manner to all segments of the community. • To maintain current statistical and programmatic information to support local efforts to prevent and reduce crime and violence. • To collaborate with Safe City USA, a comprehensive public awareness campaign targeting crime prevention and gun crime. CRIME CONTROL AND PREVENTION DISTRICT EXHIBIT C OCTOBER 2000-SEPTEMBER 2001 I. Personnel $93,212 To pay a portion of salaries and fringe benefits of administrative and support staff members who perform task to support the goals and objectives of Zero Tolerance initiatives. II. Travel/Training $9,300 To utilize the services of nationally recognized experts in crime prevention and control issues relevant to the local community to provide training and education for citizens, police personnel and staff to enhance their ability to support Zero Tolerance goals. To cover cost of staff travel for training/travel in support of CCPD goals. III.. Equipment -0- IV. Supplies $5,000 To pay for general office supplies and meeting supplies to support CCPD activities. V. Contract/Professional Fees $2,000 To pay a pro-rata share of the Crime Prevention Resource Center's annual audit. VI. Other $60,658 A. Facility $32,958 To pay a pro rata share of rent, utilities, insurance, maintenance and related cost for use of CPRC's administrative offices, meeting spaces, and Training Center in support of CCPD goals and objectives. B. Printing and Postage $16,500 To pay for direct cost of printing and mailing newsletters and other material to recognize current crime prevention initiatives and crime issues and for general correspondence and reports. C. Resource Library $10,000 To purchase books, periodicals, curricula, videos, etc to support CCPD goals and objectives for use by police officers and other stakeholders. D. Phone/FAX./Internet $1,200 To pay pro rata cost of these items in support of CCPD goals TOTAL BUDGET REQUESTEDJM{G�s\� ,`� 0 0N K(rZ?Pg o n GANG TASK FORCE EXHIBIT D OCTOBER 2000-SEPTEMBER 2001 A. Personnel $55,000 To pay 100% of the annual salary, fringe benefits and related cost of the Gang Task Force Prevention Coordinator. O FR0 WOUL CNN City of Fort Worth, Texas "ayor and Coun"R Communication DATE REFERENCE NUMBER I LOG NAME PAGE 12/19/00 C-18405 35EXTEND 1 of 2 SUBJECT APPROVAL OF CONTRACTS FOR FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT PROJECTS WITH THE CRIME PREVENTION RESOURCE CENTER AND BOYS AND GIRLS CLUBS OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with the Crime Prevention Resource Center for the continuation of gang and crime prevention activities in the amount of $230,000 with an effective date of October 1, 2000; and 2. Authorize the City Manager to execute a contract with the Boys and Girls Clubs of Greater Fort Worth to continue operation of Safe Havens begun in the Weed and Seed Grant in the amount of $255,155 with an effective date of October 1, 2000. DISCUSSION: In 1994, the City Council authorized the expenditure of $55,000 to employ a gang prevention coordinator at the Citizens Crime Commission, which is now the Crime Prevention Resource Center. The purpose of the position was to monitor the progress of Gang Task Force strategies, educate the community about gangs, and coordinate with area agencies. Funds in the amount of $175,000 were later allocated from the Fort Worth Crime Control and Prevention District as part of the Zero Tolerance Teams (now Crime Response Teams) program to supplement this item by allowing the establishment of a resource library and other supporting activities. Since the inception of the contract, the scope of services has expanded to encompass crime prevention in general while continuing to coordinate with the Police Department and the Comin' Up program on gang activities. An additional activity which was added last year is the operation and monitoring of the Safe City gun violence reduction program. The Safe Haven Program was previously funded in the Weed and Seed Grant, which ended September 30, 2000. For the current year, funding in the amount of $255,155 was allocated in the FY2000-2001 Adopted Budget for the Crime Control and Prevention District. The Safe Haven Program began in 1992 in the Near Southeast/Polytechnic Heights/Stop Six area, and was expanded in 1995 to the Diamond Hill neighborhoods. Both locations receive grant funds to operate a Safe Haven for children; one is located at Van Zandt Guinn Elementary School and the other, which was originally at Washington Heights Elementary School, is now at Kirpatrick Elementary School. City of Fort Worth, Texas *Vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 C-18405 35EXTEND 2 of 2 SUBJECT APPROVAL OF CONTRACTS FOR FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT PROJECTS WITH THE CRIME PREVENTION RESOURCE CENTER AND BOYS AND GIRLS CLUBS OF FORT WORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of the General Fund and the Crime Control and Prevention District. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CIDP, T Y Office by: (to) 1�ITY Libby Watson 6183 Originating Department Head: DEC 19 2000 Ralph Mendoza 48386 (from) ".; �, - y, GG01 539120 0906200 $ 55,000.00 city wrf-wy off t,+° Additional Information Contact: GR79 531200 0354900 $175,000.00 t i` or Fort Woru4 tax" Ralph Mendoza 48386