HomeMy WebLinkAboutContract 43945 (2)CITYSECRm'ARY.coivrw►crNo. 135�yi_
AGREEMENT FOR COMM' 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 ("City"), and BOYS &
GIRLS CLUBS OF GREATER FORT WORTH, INC., a Texas non-profit corporation
("Contractor").
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 agreements between the parties for the Program
(City Secretary Contract Number 36093, as amended) expired on September 30, 2012; and
WHEREAS, the City and Contractor desire to enter into a new agreement to continue the
Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
expressed, the parties agree as follows:
1.
SERVICES
1.01 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
hereto and incorporated herein for all purposes incident to this Agreement, for the term of this
Agreement. Contractor agrees to expend the Funds herein provided in accordance with the
budget described in Exhibit "C", attached hereto and incorporated herein for all purposes.
2.
FUNDING
2.01 City will disburse funds to Contractor during the term of this Agreement in an
amount not to exceed Two Million Twenty -Eight Thousand One Hundred Seventy -Five
Dollars and No Cents ($2,028,175.00) ("Funds"), which includes an allocation of $1,688,541.00
from the City's general fund and an allocation of $339,634.00from the Fort Worth Crime Control
and Prevention District ("CCPD"). The CCPD funds shall be used solely to fund the Riverside
and Far Southside locations of the Program.
2.02 Contractor shall keep all Funds granted hereunder in two separate accounts —one
account designated solely for the general funds and another account designated solely for the
CCPD funds. Contractor shall neither comingle the general funds with the CCPD funds nor
combine the Funds with any other monies.
2.03 To address the increasing cost of operations, City staffs budget applications to
the CCPD and Fort Worth City Council shall include adjustments to the budget of the Program
based on the annual percentage change for the Consumer Price .Index for all Urban Consumers
(C.P.I.-U) for the Dallas -Fort Worth, Texas Region, as publi Ethed_bv
t/. the U.S. Department of
Raii., frrirmn
Agreement for Comin Up Gang Intervention Program M 1 of 15
Labor, Bureau of Labor Statistics. (If this index ceases to be published, a comparable index shall
be used in its place.) Actual findings shall be limited to the amounts appropriated by the CCPD
and the Fort Worth City Council in connection with their final adopted budgets.
2.04 It is agreed that the Funds provided hereunder shall be paid 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.
2.05 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 pen nission
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 pemuiission from the City.
2.06 Each monthly report and statement shall be submitted to City no later than the
loth 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 City of Fort Worth Parks and Community Services
Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas, 76115.
3.
DOCUMENTATION
3.01 Contractor agrees to maintain full documentation supporting the pedal! lance 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.
3.02 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 Riverside 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 10th day after the end of each month
4.
TERM
4.01 The term of this Agreement covers the City's Fiscal Year 2013, beginning on
October 1 2012 and ending on September 30, 2013, unless terminated earlier pursuant to the
terms of this Agreement. This Agreement may be renewed by mutual, written consent of all
parties for four (4) consecutive one-year renewal periods.
Agreement for Comin' Up Gang Intervention Program 2 of 15
5.
FISCAL FUNDING OUT
5.01 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.
EQUIPMENT
6.01 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 ten (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 of costs and locations of each piece of equipment. It is hereby understood that
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 or termination of this Agreement.
7.
AUDIT
7.01 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 thirty (30) days of
receipt of the final audit report.
7.02 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.
7.03 If, as a result of any audit or review of expenditure reports it is determined that
Contractor has 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.
Agreement for Comin' Up Gang Intervention Program 3 of 15
7.04 This Section 7 shall survive the expiration of the term of this Agreement.
8
TERMINATION OR EXPIRATION
8.01 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 Agreement 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.
8.02 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.
8.03 In the event this Agreement is terminated for any reason at any time or upon the
expiration of the Agreement, Contractor shall return to City any unused portion of the Funds
distributed hereunder within thirty (30) days after the effective date of termination or expiration.
9
INDEPENDENT CONTRACTOR
9.01 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, 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 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.
CONTRACTOR'S PROPERTY
Agreement for Comin' Up Gang Intervention Program 4 of 15
10.01 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,
and Company hereby RELEASES, INDEMNIFIES, AND HOLDS THE CITY HARMLESS
FORM AND AGAINST ANY AND ALL SUCH CLAIMS.
11.
INDEMNIFICATION
11.01 CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND
ITS OFFICERS, REPRESENTATIVES, 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, BUT
NOT LIMITED TO, 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, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS SERVANTS, EMPLOYEES,
CONTRACTORS, OR SUBCONTRACTORS OF 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, BUT NOT LIMITED TO, 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 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.
11.02 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.
Agreement for Comin' Up Gang Intervention Program 5 of 15
11.03 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.
ASSIGNMENT
12.01 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.
CONFLICTS
13.01 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.
13.02 No officer, employee, member or program participant of Contractor or its
subcontractors shall have a financial interest, direct or indirect, in this Agreement 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 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.
EQUAL OPPORTUNITY
14.01 Contractor covenants that neither it nor any of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in perfon ring 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
14.02 Contractor, in the execution, perfouunance or attempted performance of this
Agreement, will not discriminate against any person or persons because of disability, familial
status, sex, race, religion, color, sexual orientation, gender identity, transgender, gender
expression or national origin, nor will Contractor permit its agents, employees, subcontractors or
program participants to engage in such discrimination.
Agreement for Comin' Up Gang Intervention Program 6 of 15
14.03 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.
15.
COMPLIANCE WITH LAWS
15.01 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.
16.
SEVERABILITY, WAIVER, HEADINGS
16.01 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.
16.02 The failure of City or Contractor to insist upon the perfo.uuance 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 Contractor's right to assert or rely upon any
such term or right on any future occasion.
16.03 The section headings contained herein are solely for convenience in reference and
are not intended to define or limit the scope of any provision of this Agreement
17.
VENUE AND CHOICE OF LAW
17.01 This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Permit, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas -
Fort Worth Division.
18.
AUTHORIZATION
18.01 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.
Agreement for Comin' Up Gang Intervention Program 7 of 15
19.
ENTIRE AGREEMENT
19.01 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 teens hereof shall be void.
20.
GOVERNMENTAL POWERS
20.01 It is understood and agreed that by execution of this Agreement, City does not
waive or surrender any of its governmental powers.
21.
FORCE MAJEURE
21.01 If either Party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances, acts of public
enemies; wars; blockades insurrections; riots; epidemics* public health crises; earthquakes fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency United States; any arrests and
restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable
control (collectively, `Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure Event
occurs, the City may, in its sole discretion, close or postpone the opening of its community
centers, parks, or other City -owned and operated properties and facilities in the interest of public
safety and operate them as the City sees fit.
22.
NOTICES
22.01 All notices required or permitted under this Permit shall be conclusively
deteiunined to have been delivered when (i) hand -delivered to the other party, or its authorized
agent, employee, servant, or representative, or (ii) received by the other party or its authorized
agent, employee, servant, or representative by reliable overnight courier or United States Mail,
postage prepaid, return receipt requested, at the address stated below or to such other address as
one party may from time to time notify the other in writing.
To City:
Director
Parks and Community Services
City of Fort Worth
4200 South Freeway, Suite 2200
Agreement for Comin' Up Gang Intervention Program
To Contractor:
President
Boys and Girls Clubs of Greater Fort Worth
3218E Belknap
Fort Worth, Texas 76111
8of15
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
23.
WAIVER OF IMMUNITY BY CONTRACTOR
23.01 If Contractor, as a charitable or nonprofit organization, has or claims an immunity
or exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
24.
INSURANCE
24 01 Contractor agrees to abide by the insurance requirements set forth in Exhibit "D,"
which is attached hereto and incorporated herein for all purposes.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Agreement for Comin' Up Gang Intervention Program 9 of 15
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, to be effective for the term set forth in Section 4.
CITY OF FORT WORTH
By:
1
Susan lanis
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler Viallach
Assistant City Attorney
ATTEST:
Mary J. K
City Secret
M&C C-25976
Dated: November 12, 2012
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Agreement for Comin' Up Gang Intervention Program
BOYS & GIRLS CLUBS OF
GREATER FORT WORTH, INC.
By:
hirw.-ems..,
Daphne Barlow Stigliano
President
10of15
EXHIBIT "A"
Comin' Up Gang Intervention Program
Obj ectives
October 1, 2012 - September 30, 2013
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 that will attract and involve 100
gang -involved youth at each site. The targeted areas and sites are:
Como:
Diamond Hill:
Near Southeast:
Near Southside:
Northside•
Polytechnic:
South Central:
Stop Six:
Riverside
Como Community Center
Diamond Hill Community Center
Hillside Community Center
Panther Branch Boys & Girls Clubs
Northside Branch Boys & Girls Clubs
Poly/Martin Branch Boys & Girls Clubs
The Good Shepherd Baptist Church
East Side Branch Boys & Girls Clubs
3312 E Belknap
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.
Agreement for Comin' Up Gang Intervention Program 11 of 15
EXHIBIT "B"
Comin' Up Gang Intervention Program
Measures
October 1, 2012 - September 30, 2013
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 GED
➢ Complete of a 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.
Agreement for Comin' Up Gang Intervention Program 12 of 15
Personnel
Contractual
Travel &
Training
Supplies
Other
Total
Exhibit "C"
COMIN'UP GANG INTERVENTION PROGRAM BUDGET
Budget Period 10/1/12 — 9/30/13
7 Sites
$1,123,462
$95,650
$159,329
$67,800
$242,300
$1,688,541
8th Site
$105,717
$12,600
$15,250
$10,000
$22,250
$165,817
Agreement for Comin' Up Gang Intervention Program
9th Site
105,717.00
$12,600
$15,250
Total
$1,334,896
$120,850
$189,829
$10,000
$30,250
$173,817
$87,800
$294,800
$2,028,175
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Exhibit "D"
Insurance Requirements
Prior to performing any services under this Agreement, Contractor shall furnish to City
certificates of insurance as proof that it has secured and paid for policies of commercial
insurance as specified herein. If City has not received such certificates prior to the
commencement of the services to be provided under this Agreement, Contractor shall be in
default of the Agreement and City may, at its option, terminate the Agreement.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Agreement.
Contractor shall maintain, or require its general contractor to maintain, the following coverages
and limits thereof:
Commercial General Liability (CGL) Insurance
$1,000,000 each occurrence
$2,000,000 aggregate limit
Non -Profit Organization Liability or Directors & Officers Liability
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate Limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single -limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired,
and non -owned.
Pending availability of the above coverage and at the discretion of City, the policy shall
be the primary responding insurance policy versus a personal auto insurance policy if or when in
the course of Contractor's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease -each employee
$500,000 disease -policy limit
Additional Requirements
As provided by the Texas Insurance Code, Contractor shall provide City with Notice of
Cancellation.
Agreement for Comin' Up Gang Intervention Program 14 of 15
Such insurance amounts shall be revised upward at City s reasonable option and no more
frequently than once every 12 months, and Contractor shall revise such amounts within thirty
(30) days following notice to Contractor of such requirements
Contractor will submit to City documentation that it has obtained insurance coverage and has
executed bonds as required in this Contract prior to payment of any monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include City as an
additional insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas
by the Department of Insurance or be otherwise eligible and authorized to do business in the state
of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and
each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII
or other equivalent insurance industry standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise
approved by City.
In the event there are any local, federal or other regulatory insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
Contractor shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and, Contractor shall require its contractors to
provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor
shall require its contractors to have City and Contractor endorsed as additional insured's (as their
interest may appear) on their respective insurance policies.
Agreement for Comin' Up Gang Intervention Program 15 of 15
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COUNCIL ACTION: Approved on 11112l2012
DATE: 11/12/2012 REM11.11Cji V100: "C-25976 G�1A i9 : 8000MINUPI3
CODE: C TYPE: CONSL=N T PU ILIC NO
HEARING:
SUBJECT: Authorize =xecution of a Contract with the Boys & Girls Clubs of Greater Fort Worth, Inc.,
to Operate the Comin' Up Gang Intervention Program (COUNCIL DISTRICTS 2, 3, 4, 5, 7,
8 and 9)
Leas
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with the Boys & Girls
Clubs of Greater Fort Worth, Inc., to operate the Comin' Up Gang Intervention Program.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize a contract with the Boys &
Girls Clubs of greater Fors Worth, inc., for the continued support and services of the Comin' Up Gang
Intervention Program (Comin' Up) Comin' Up was established in 1994 in order to reduce gang related
violence by diverting gang members into activities such as job training, counseling, GFD programs,
family referrals and case management. The programs aro located in North Fort Worth, Diamond Hill,
Near Southside, Far Southside, Near Southeast, Polytechnic, Stop Six, Riverside and Como. There
are approximately 1,095 active members. From October 2011 to September 2012, 384 participants
have made life changes by maintaining employment for 90 days or longer, attending school regularly,
attending alternative schools, attending GED classes, obtaining a GI D, completing certification for
specialized employment, completing a semester of college, obtaining employment and graduating or
being slated for graduation from high school.
Tho Fiscal Year 2013 General Fund adopted budget appropriates the amount of $1,688,541.00 for
seven Comin' Up sites. The Crime Control and Prevention District Fund Fiscal Year 2013 budget
appropriates the amount of $339,634.00 for two sites. The total funds available for nine program sites
is in the amount of $2,028,175.00.
The proposed contract includes four one-year renewals upon mutual consent. Future allocations aro
subject to appropriation and may include adjustments in funding based upon the Consumer Price
Index.
This program serves COUNCIL DISTRICTS 2, 3, 4, 5, 7, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds arc available in the current operating
budgets, as appropriated, of the Crime Control and Prevention District Fund and the General Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR79 531200 0359101 $3391634. 00
GG01 539120 0800500 $1,688,541.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID-17473&councildate-11/ 12/2012 11/29/2012
M&C Review Page 2 of
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
Comin' Up Man October 15th 2012.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17473&councildate=ll/12/2012 11/29/2012
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