HomeMy WebLinkAboutContract 36093 (2) viTl` SECRETARY
"ONTRACT NO. LP)DOLI/
AGREEMENT FOR COMIN' UP GANG INTERVENTION PROJECT
In consideration of the mutual covenants, promises and agreements contained herein,
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas located within Tarrant,Denton,
Parker,and Wise Counties,Texas (hereinafter referred to as "City"), acting by and through Libby
Watson, its duly authorized Assistant City Manager, and THE BOYS AND GIRLS CLUBS OF
GREATER FORT WORTH, a Texas non-profit organization (hereinafter referred to a
"Contractor"), acting by and through Daphne Barlow, its duly authorized President.
RECITALS
WHEREAS, Contractor proposes to continue the Comin' Up gang intervention project
("Program") to benefit the citizens of and prevent crime within the City of Fort Worth; and
WHEREAS, the term of the previous agreement between the parties for the Program
(City Secretary Contract Number 33899) expires September 30, 2007; and
WHEREAS,the City and Contractor desire to enter into a new contract and agreement to
continue the Program;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
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 Exhibits "A" and "B", attached, and
incorporated herein for all purposes incident to this Agreement. Contractor agrees to expend the
funds herein provided in accordance with its budget, described in Exhibit "C", attached.
Contractor agrees to provide a monthly programmatic report to City to document the
performance of the work described in Exhibits "A" and "B." This monthly programmatic report
shall document the Program activity names, numbers of participants attending, details of the
activities, and a description of the goals achieved. The monthly programmatic report must
include any successes realized in descriptive detail. The monthly programmatic report shall also
provide all information specific to the South Central and Woodhaven sites in a detailed manner
separate from the report for all other Program sites. The monthly programmatic report shall be
submitted to City no later than the 1 Oth day after the end of each month.
2.
City will disburse funds to Contractor during the term of this Agreement not to exgeed the totaT-
sum of$2,132,504 ("Funds")during the initial contract period. The Funds include an allocation
from the Fort Worth Crime Control and Prevention District ("CCPD") in an amount not to
exceed $383,011 during the initial contract period; such funds from the CCPD shall be used
solely to fund the South Central and Woodhaven locations of the Program. Contractor shall keep
all Funds granted hereunder in a separate account designated only for these Funds, and shall not
combine the Funds with any other monies. In the event this Agreement is terminated for any
reason at any time, Contractor shall return to City any unused portion of Funds distributed
hereunder. To address increasing costs of operations, the City's and the CCPD's contract
amounts shall increase annually based on the annual percentage change for the Consumers Price
Index (C.P.I.-U.) all items for Dallas-Fort Worth, Texas Region as published by the U.S.
Department of Labor, Bureau of Labor Statistics (if this index ceases to be published, then a
comparable index).
It is agreed that the Funds provided hereunder shall be made on a monthly, on-request
basis in advance following receipt by City from the Contractor of a signed statement of
anticipated expenses. Contractor shall deliver to City a monthly statement of its receipts and
expenditures of Funds, and such statement shall be signed by the Contractor or duly authorized
officer of the Contractor. Contractor shall deliver to the City supporting documentation for
expenses from the previous month's advance.
Contractor is authorized to adjust any categories in the budget provided in the signed
statement of anticipated expenses in an amount not to exceed 10% of those particular categories
without prior approval of City, as long as the total sum does not exceed the amount of the Funds.
Any adjustment of more than 10% of each category must have written permission from City
prior to any budget adjustment being made. Any program income earned directly as a result of
the Program must be reported monthly and may be expended on the Program with written
permission from the City.
Each monthly report and statement shall be submitted to City no later than the 1 Oth day of
the following month. Requests for payment, expenditure reports, supporting documentation for
expenses from the previous month's advance, programmatic reports, and budget adjustments
shall be submitted to the Fort Worth Parks and Community Services Department, 4200 South
Freeway, Suite 2200, Fort Worth, Texas, 76115.
3.
Contractor agrees to maintain full documentation supporting the performance of the work
and fulfillment of the objectives set forth in Exhibit "A" and the achievement of the performance
measures set forth in Exhibit "B" in its files. Contractor shall submit to City a monthly report of
programmatic activities not later than the 1 Oth day of the following month.
4.
The term of this Agreement is for a period beginning on October 1, 2007 and ending on
September 30, 2008, unless termination is exercised by either party pursuant to the termination
provisions expressed herein. This Agreement may be renewed by mutual, written consent of all
parties for four(4) consecutive one-year renewal periods.
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5.
If for any reason at any time during the term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City
may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery
by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date
for which funding has been appropriated by the City Council for the purposes set forth in this
Agreement.
6.
All equipment purchased with Funds must meet all eligibility requirements of the City and the
CCPD. Contractor shall maintain equipment purchased with the Funds and use such equipment
exclusively in support of this Program. All equipment remains the property of the City. Within
10 days following the end of the calendar year, Contractor shall submit to City a detailed
inventory of all equipment purchased with the Funds including the date purchased and
description cost and location of each piece of equipment. It is hereby understood Contractor
shall replace or repair any item of equipment used in support of this Program and/or for use
under the terms of this Agreement that no longer functions or it lost or stolen, and that Contractor
shall not use the Funds to repair or replace said equipment.
This Section 6 shall survive the expiration of the term of this Agreement.
7.
Contractor agrees to keep sufficient records to document its adherence to applicable
regulations, along with documentation and records of all receipts and expenditures of all Funds.
All records shall be retained for three (3) years following the termination of this Agreement.
City representatives shall have the right to investigate, examine and audit at anytime any and all
such records relating to 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, a single audit of all Contractor's operations will be undertaken and may be conducted either
by City or an Independent Public Accountant of City's choice. Contractor shall submit a copy of
any audit performed by their independent auditor within 30 days of receipt of the final audit
report.
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.
If as a result of any audit or review of expenditure reports it is determined that Contractor
have misused, misapplied or misappropriated all or any part of the Funds, Contractor agrees to
reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the
amount of any sanction, penalty or other charge levied against City because of such misuse,
misapplication or misappropriation.
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8.
It is understood and agreed that this Agreement may be terminated by City, in whole or 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 Agreement 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 maybe 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 Funds distributed hereunder.
9.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, mid 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 service 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.
10.
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.
11.
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,
City and its officers, agents, servants, employees and CCPD Board from and against any and all
claims or suits for property loss or damage and/or personal injury, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or nonperformance of this agreement
and/or the operations, activities and services of the program described herein, WHETHER OR
NOT CAUSED, 1N WHOLE OR 1N PART, BY ALLEGED NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF
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CITY OR THE CCPD BOARD; and Contractor hereby assumes all liability and responsibility of
City and its officers, agents, servants, employees and CCPD Board for any and all claims or suits
for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kinds or character, whether real or asserted, arising out of or in connection with the
execution, performance, attempted performance or non-performance of this contract and
agreement and/or the operations, activities and services of the programs described herein,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY OR THE CCPD BOARD. Contractor likewise covenants and
agrees to and does hereby indemnify and hold harmless City from and against any and all injury,
damage or destruction of property of City, arising out of or in connection with all acts or
omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY OR THE CCPD BOARD.
Contractor agrees to and shall release City, its agents, employees, officers and legal
representatives from all liability for injury, death, damage or loss to persons or property sustained
in connection with or incidental to performance under this Agreement, EVEN IF THE INJURY,
DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
Contractor shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
12.
Contractor shall not assign all or any part of its rights, privileges or duties under this
Agreement 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 the Funds prior to any charges being incurred.
13.
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, 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 Contractor, as an officer, employee, member or program participant. Any willful
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violation of thus 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 any of its officers, members, agents, employees,
program participants, or subcontractors, while engaged in performing this Agreement shall in
connection with the employment, advancement, or discharge of employees, 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 disability, familial
status, sex, race, religion, color, sexual orientation 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 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 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.
17.
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 attached Exhibits.
18.
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.
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19.
The failure of City or Contractor 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 or District's right to assert or rely upon any such term or
right on any future occasion.
20.
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 the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
21.
The governing bodies or boards of City and Contractor have approved the execution of
this Agreement, and the persons signing the Agreement have been duly authorized by the
governing bodies of the City and Contractor to sign this Agreement on behalf of the governing
bodies or boards.
22.
This written agreement constitutes that 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.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, to be effective October 1, 2007.
ATTEST: CITY OF F RT WORTH
By:
f rq Li by Wa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY: 0410
Contract Aut on tion
Date:
By:
Assistant ity e
BOYS & GIRLS CLUBS OF
GREATER FORT WORTH
By:
Daphne Barlow
President
1� U
8 JUi��f
EXHIBIT "A"
Comin' Up Gang Intervention Program
Objectives
October 1, 2007 - September 30, 2008
1. To identify gang members in need of this Comin' Up Program's services by seeking
referrals from the police, schools,juvenile probation and the other relevant agencies and
organizations, e.g. Parks and Community Services.
2. To provide extended services in nine (9) targeted areas until the 10"' site is mutually
agreed upon that will attract and involve 100 gang-involved youth at each site. The
targeted areas and sites are:
Como: Como Community Center
Diamond Hill: Diamond Hill Community Center
Far Northside: Rosen Heights Baptist Church
Near Southeast: Hillside Community Center
Near Southside: Panther Branch Boys & Girls Clubs
Northside: Northside Branch Boys & Girls Clubs
Polytechnic: Poly/Martin Branch Boys & Girls Clubs
South Central: The Good Shepherd Baptist Church
Stop Six: East Side Branch Boys & Girls Clubs
Wood Haven: To Be Determined
3. To assess the needs and interests of each targeted youth and develop specific plans of
action to meet the needs of these youth.
4. To provide needs-focused services and activities, (i.e. academic programming,
employability and job development) directly through the project, as well as through a
clearly defined networked of collaborating organizations and agencies.
5. To refer family members to appropriate services, as special needs are identified while
working with specific program participants.
6. To establish relationships and respect between youth from different areas and
neighborhoods in the city that would otherwise interact negatively or violently.
7. To employ one program participant from each operating site to serve as part-time
community outreach workers, to further access and dialogue with gang involved youth.
8. To support the development of truces among rival gangs as issues arise and reduce
random gang violence through peer mediation and project staff involvement.
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EXHIBIT"B"
Comin'Up Gang Intervention Program
Measures
October 1, 2007 - September 30, 2008
1. Identify 100 gang members to participate in the Comin' Up Program from each operating
site.
2. Provide extended services for 100 participants from each operating site.
3. Ensure minimum of 20% of participants from each operating site make life-charges
including:
➢ Graduate from high school
➢ Return to school
➢ Obtain a GE1I)
➢ Complete of semester of college
Join the U.S. Military
Join Job Corp
Secure a permanent job and retaining the same job for a minimum of three (3)months
4. Provide eight(8) inter-site activities from each operating site.
5. Develop three (3) written truces among gangs from each operating site.
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Exhibit"C"
COMIN'UP GANG INTERVENTION PROGRAM BUDGET
Budget Period October 1, 2007— September 30, 2008
8 sites 9th site loth site Total 10 sites
Personnel Costs $ 1,148,357 $ 138,817 $ 83,330 $ 1,370,504
Contractual 128,836 $ 16,314 $ 10,150 155,300
Travel/Vehicle
Maintenance/Training 199,912 $ 30,838 $ 28,100 258,850
Supplies 100,700 $ 12,075 $ 9,675 122,450
Other including: 171,688 $ 30,512 $ 23,200 225,400
Total Budget 1,749A93 $ 2287556 $ 1547455 $ 2,1327504
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007
DATE: Tuesday, September 25, 2007
LOG NAME: 8000MINUP08 REFERENCE NO.: **C-22410
SUBJECT:
Authorize the Execution of Contract with the Boys & Girls Clubs of Greater Fort Worth to Operate
the Comin' Up Gang Intervention Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the Boys &
Girls Clubs of Greater Fort Worth to operate the Comin' Up Gang Intervention Program.
DISCUSSION:
The purpose of this M&C is to authorize a contract with the Boys & Girls Clubs of Greater Fort Worth for the
continued support and services of the Comin' Up Gang Intervention Program. Comin' Up was established in
1994 in order to reduce gang-related violence by diverting gang members into activities such as job training,
counseling, GED programs, family referrals and case management. The programs are located at Como
Community Center, Diamond Hill Community Center, Hillside Community Center, Panther Boys & Girls
Club, North Fort Worth Boys & Girls Club, Martin Safe Haven Branch of Boys & Girls Club, Stop Six Branch
Boys & Girls Club, Rosen Heights Baptist Church, and the Good Shepard Baptist Church. A future site will
be identified in the Woodhaven Community. 2007 YTD Comin' Up has served 1,030 individuals; 114
percent of their goal, and documented 185 individuals making life changing decisions; 103 percent of their
goal.
The General Fund FY 2007-08 Non-Departmental budget includes funds totaling $1,749,493 for eight
Comin' Up sites. The Crime Control and Prevention District Fund includes a total of $383,011 for two sites.
The total funds available for ten program sites is $2,132,504.
The proposed contract includes four one year renewals upon mutual consent. The contract renewals
include a funding increase based on the Consumer Price Index, subject to appropriation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the funds are available in FY 2007-08 operating budget, as appropriated,
of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR7.9531200 0359101 $383,011.00
GG01 539120 0905500 $17,49,493.00
Submitted for City Mans Office b Libby Watson (6183)
OriginA ne Department Head: Richard Zavala (871-7504)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/10/2007
Page 2 of 2
Additional Information Contact: Anthony Meyers (871-5775)
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http://www.cfwnet.org/council packet/Reports/mc print.asp 10/10/2007