HomeMy WebLinkAboutContract 31847 CITY SECRETARY
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STATE of TEXAS § CONTRACT NQ. 31
COUNTY OF TARRANT, DENTON §
AND WISE
In consideration of the mutual covenants, promises and agreements contained
herein, this 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 and
Wise Counties, Texas (hereinafter referred to as "City,") acting by and through Joe
Paniagua, its duly authorized Assistant City Manager, and the Safe city commission, a
legally constituted 501(c)(3) non-profit organization (hereinafter referred to as SCC)
acting by and through Mr. Joel Glenn, its duly elected President.
WHEREAS, the citizens of Fort Worth and the City council of Fort Worth have
determined that a crime prevention and education program and a community advocacy
for crime prevention program are needed by all citizens of Fort Worth in order to make
Fort Worth the safest major city in the nation; 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 Safe city Commission proposes to provide these programs in
accordance with this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
1.
The Scc covenants and agrees to fully perform, or cause to be performed, with
good faith and due diligence, all work and services described in Exhibit A and attached,
and incorporated herein for all purposes incident to the contract. Scc agrees to expend
the funds herein provided in accordance with its budget as provided to the city. (See
attached Exhibit B) Scc 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
$235,000 for community advocacy for crime prevention programs using Fort Worth
Crime control and Prevention District funds. Payments to Scc will be made within 10
days following receipt of an invoice from the Scc requesting payment, for the
remainder of the contract year expiring September 30, 2005, shall be in a lump sum
payment of$87,594.50.
3.
The term of this agreement is for a period beginning on May 1, 20 C?0F#KqC%905
on September, 30, 2005. ,� F
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 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.
8.
This agreement may be terminated by either party hereto, in whole or in part, at
any time and for any reason, upon written notice to the other party. Such written notice
shall specify to what extent the work under the agreement is being terminated and the
effective date of the termination. Within thirty (ao) days after the effective date of such
termination, SCC shall return to the city any unused portion of funds provided to them
under this contract.
8.
SCC and city covenant and agree that in the event either party fails to comply
with, or breaches, any of the terms and provisions of this agreement, each party shall
provide written notice to -the other as soon as reasonably possible after the non-
breaching party becomes aware of the failure to comply or breach of contract. In the
event that the breaching party fails to cure or correct such breaches within a reasonable
time following the receipt of notice, such reasonable time not to exceed 15 days, the
non-breaching party shall have the right to declare this agreement immediately
terminated, and neither party shall have further responsibility or liability hereunder.
7.
SCC covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services based on agreed upon criteria of effectiveness and work to
be performed with the District under this agreement, and City shall have access at all
reasonable hours to offices and records of the SCC, its officers, members, agents
employees and subcontractors for the purpose of such monitoring.
SCC agrees to keep sufficient records to document its adherence to this
agreement including records of all receipts and expenditures. All records shall be
retained for three years following the termination of this agreement. city shall have the
right to investigate, examine and audit at any time any and all such records relating to
the operations of SCC under this agreement. Upon demand by the City, the SCC, its
officers, members, agents, employees, and subcontractors shall make such records
readily available for investigation, examination and audit.
8.
SCC shall operate hereunder as an independent contractor and not a
agent, and servant of employee of city. SCC shall be solely responsible fr ,�
and omissions of its officers, members, agents, servants, and employees. Neither city
nor SCC shall be responsible under the Doctrine of Respondent Superior for the acts
and omissions of its officers, members, agents, servants, employee, or officers of the
other.
9.
All property approved by the City of Fort Worth and purchased with general
revenue or 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 the
Exhibits attached hereto.
10.
City shall in no way nor under any circumstances be responsible for any property
belonging to SCC, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which my be lost, stolen, destroyed or in any way
damaged.
11.
City and SCC each covenant to the other that neither such party nor any of its
officers, members, agents, employees, program participants, or subcontractors, while
engaged in performing this contract shall 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.
12.
City and SCC, 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, nor will SCC permit its agents, employees,
subcontractors or program participants to engage in such discrimination.
13.
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.
14.
The failure of city or SCC to insist upon the performance of any term or provision
of this agreement or to exercise any right to herein conferred shall not NA ru
a waiver or relinquish to any extent of City's or SCC's right to assert
such term or right on any future occasion. � . REP, Y
i
15.
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.
16.
The governing bodies of City and SCC 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 SCC to sign this agreement on behalf of the governing
body.
17.
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 heret h ve exec to is agreement in multiples
in Fort Worth, Tarrant County, Texas, this ay of!M A.D. 2005.
ATTEST: CITY OF FORT WORTH:
City Secrets e ua
Assist aft pager
C-20640 APPROVED AS TO FORM AND LEGALITY:
Contract Authorization � '
Carla Cook, Assistant Ci y torney
Date
Date:
The Safe Cit ommission
i
r
Jo Kn
Pre 'dent
FYI IN HKI
r
STATE O F TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joel Glenn, 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 Safe City Commission he executed for the purpose and
consideration therein expressed and in the capacity therein stated.
1�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
A.D. 2005
'tio1�RY GG pY BOOTH IS ENS EE
Notary Public,state of Texas
Notary Public I n and for
My Commission Expires
��f:;�o�.E;;�' octobtr 10,2007 the State of Texas
►tel l%►
STATE OF TEXAS §
COUIVTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joe Paniagua, 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. 2005
KATHY F.DURHAM
!*• '' MY GQMM155IM EXPIRES
Notary P blic in and for
+� '.= ,la va ry 24,2009 the State of Texas
Exhibit A
Operation & Organization
• The Safe City Commission will account for all activities, expenses, income, and
use accounting procedures in accordance with generally accepted accounting
principles and internal control procedures.
• Staffing of the Safe City Commission will be an executive director and two staff
members. All Safe City Commission programs and projects will be under the
supervision of the executive director. The Board of Directors will oversee
executive director and assure compliance of all the City requirements.
• The Safe City Commission will be responsible for raising funds for crime
prevention and maximizing the use of city funds by increasing funds raised
outside the amount allocated by the city.
The SCC will operate within the confines of the attached budget.
The Safe City Commission will support the following
• Activities for Safe City Fort Worth
• Activities for Crime Stoppers
• Activities supporting Gang Diversion and Community Renforcement
• Activities supporting community policing
• Additional activities as needed to support crime prevention
The Future of the Safe City ommission
• Establish focus groups to monitor the effectiveness of current programs
and look at trends, voids in services and necessary programming.
• Evaluating current programs and planning future projects based on
community and professional in-put will be the basis for establishing 2005-
2006 program needs with the city of Fort Worth for crime prevention.
61,F F.1(1-11 1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2005
DATE: Tuesday, April 05, 2005
LOG NAME: 35CPRC REFERENCE NO.: C-20640
SUBJECT:
Authorize 'the Termination of the Contract with the Crime Prevention Resource Center and the
Execution of a Contract with the Safe City Commission
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate the City Secretary Contract No. 30912 with the Crime Prevention Resource Center upon 30-
days written notice to the agency;
2. Remit a payment of up to $30,000 to the Crime Prevention Resource Center from their scheduled third
quarter payment to settle accumulated debts of the agency; and
3. Execute a contract with the Safe City Commission in an amount up to $87,500 for a term ending
September 30, 2005.
DISCUSSION:
On November 2, 2004 (M&C C-20382), the City Council authorized the City Manager to execute City
Secretary Contract No. 30912 to extend the partnership with the Crime Prevention Resource Center. At the
time, the agency was responding to unfavorable audit findings but was working under new leadership at
both the Board and Executive Director levels. Since that time, the Board, in cooperation with City staff has
decided to dissolve. The FY2005 budget includes $175,000 in the Crime Control and Prevention District
(CCPD) and $60,195 in the General Fund. Half of the funds from each source has been paid by the City to
the CPRC to date. Up to $30,000 in outstanding obligations also exist for the agency. Staff recommends
that remaining funds in the General Fund be made available to the CPRC to resolve the outstanding
commitments.
In order to continue the important role of a crime commission in Fort Worth, City staff recommends a new
contract with the Safe City Commission. City staff recommends that up to $100,000.00 of the remaining
balance of the CCPD funds, be used to fund a new contract with the Safe City Commission. Specific
programmatic and deliverable guidelines will be developed and integrated into a contract with this new
agency.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund and the Crime Control and Prevention District Fund.
Logname: 35CPRC Pagel of 2
TO Fund/AccounKenters FROM Fund/Account/Centers
GGa 1 539'20 0906200 3 ovo.00
GR79 531200 0359001 $41-5-0-Q--00
Submitted for City Manager's Office : .doe Paniagua (6140)
Oriciinating Department Head: Ralph Mendoza (4210)
Additional Information_Contact: Susan Alanis (4221)
Lognames. 35CPRC Page 2 of 2