HomeMy WebLinkAboutContract 31949 SCITY SECRETARY Q
TATE OF TEXAS §
CONTRACT NO.
COUNTY OF TARRANT §
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, lo c ted thin Tgrant,
Denton and Wise Counties, Texas ("City") acting by and through ' �p�i`t`sduly
authorized Assistant City Manager, and THE BOYS AND GIRLS CLUBS OF GREATER
FORT WORTH, ("Contractor") acting by and through Joe Cordova, its duly authorized
President.
RECITALS
WHEREAS, City has received an earmark grant from the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) ("OJJDP Grant") for additional support for the Comin' Up
gang intervention program operated by Contractor; and
WHEREAS, Contractor operates the Comin' Up gang intervention program for the
benefit of the citizens of City; and
WHEREAS, Contractor wishes to establish a jobs skills program for the participants of
the Comin' Up gang intervention project("Job Initiative Program") to further benefit the citizens
of City, and
WHEREAS, City has approved usage of the OJJDP Grant monies ("Grant Funds") to
fund the Job Initiative 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", attached, and
incorporated herein for all purposes incident to this Agreement. Contractor agrees to expend the
Grant Funds in accordance with its budget, described in Exhibit "B", attached.
2.
In no event shall the total distributions of federal grant funds from the OJJDP Grant made
to the Contractor during the term of this agreement exceed the total sum of$165,000. Contractor
shall keep all Grant Funds in a specific account designated only for the Grant Funds, and shall
not commingle the Grant 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 Grant
Funds distributed hereunder.
Ilk, �� ..
T EX.
Distribution of the Grant Funds from City to Contractor shall be made on an 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 report of programmatic activities
and a monthly statement of its receipts and expenditures of Grant Funds, and such statement
shall be signed by the Contractor or duly authorized officer of the Contractor. Each monthly
report and statement shall be submitted to City no later than the 10`h day of the following month.
Contractor is authorized to adjust any categories in the budget in an amount not to exceed 10%
of those particular categories without prior approval of City; however, Contractor must notify
City, in writing of any such adjustments. Any adjustment of more than 10% of each category
must have written permission from City and the Bureau of Justice Assistance prior to any budget
adjustment being made. Any program income earned directly as a result of the Job Initiative
Program must be reported monthly and may be expended on the Job Initiative Program with
written permission from the program director. Requests for payment, expenditure reports, grant
programmatic reports, and budget adjustments shall be submitted to the Research and Planning
Section of the Fort Worth Police Department, 350 W. Belknap, Fort Worth, Texas, 76102.
3.
The term of this Agreement is for a period beginning on October 1, 2004, and ending on
December 31, 2005. Pursuant to OJJDP Grant regulations, all expenditures and payments must
be completed prior to February 28, 2006.
4.
This Agreement is wholly conditioned upon the actual receipt by City of Grant Funds
from the OJJDP and that all monies distributed to Contractor hereunder shall be exclusively from
monies received under the OJJDP Grant, and not from any other monies of the City. In the event
that funds under the OJJDP Grant are not timely received, in whole or in part, City may, at its
sole discretion, terminate this Agreement and City shall not be liable for payment for any work
or services performed by Contractor under or in connection with this Agreement.
If for any reason at any time during any term of this Agreement, the City Council of City
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.
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 may be necessary for completion
of the work not terminated;
(c) Terminate all orders and contracts to the extent that they relate to the
of the work terminated by the notice of termination; and
(d) Cease expenditures of Grant Funds, except as may be necessary for completion of
the work not terminated.
Within thirty (30) days following the date of such termination, Contractor shall return to
City any unused portion of federal or City monies distributed hereunder. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of termination of the Agreement.
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 "A" and `B,"
attached hereto.
5.
All equipment purchased with Grant Funds must meet all eligibility requirements of the
OJJDP Grant and City. Contractor shall maintain all equipment used in the administration and
execution of the Job Initiative Program. Contractor shall maintain, replace or repair any item of
equipment used in support of the OJJDP Grant and/or for use under the terms of this Agreement
that no longer functions or is lost or stolen. The cost for maintenance, replacement or repair of
any equipment used in support of the OJJDP Grant and/or for use under the terms of this
Agreement is the sole responsibility of Contractor. Contractor shall not use Grant Funds or City
funds to repair or replace said equipment. Contractor shall use any and all equipment purchased
with Grant Funds exclusively in support of the Job Initiative Program. All equipment remains the
property of the City until such time as title is received from the OJJDP. Within 10 days following
the end of the calendar year Contractor shall submit to City a detailed inventory of all equipment
purchased with Grant Funds. The equipment inventory shall include an itemized description of
each piece of equipment, the date each piece of equipment was purchased, the cost of purchase
for each piece of equipment, and the location of each piece of equipment.
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
Grant Funds. All records shall be retained for three years following the termination of this
Agreement. City and United States Department of Justice or their 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. Contractor, its officers, members, agents, employees, and
subcontractors, upon demand by City, shall make such records readily available for
investigation, examination, and audit. In the event of such audit by City and in conformity with
Federal Management Circular A-102, a single audit of all Contractor's operations will be
undertaken and may be conducted either by City or an Independent Public Accountant of City's
choice. Contractor, in accordance with Circular A-133, 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 rnonitoring the
effectiveness of the services and work to be performed by Contractor under this Agi eemcn a a
City shall have access at all reasonable hours to offices and records of the Contractor its,officerrs,OK�' U
members, agents, employees, and subcontractors for the purpose of such monitoring. RI„'����(V
7.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant of employee of City. Contractor shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, subcontractors, program participants, licensees or
invitees. The doctrine of respondent superior shall not apply as between City and Contractor, its
officers, members, agents, servants, employees, subcontractors, program participants, licensees
or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Contractor. It is expressly understood and agreed that no officer, member,
agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
participant hereunder is in the paid 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.
8.
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.
9.
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 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 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 GRANT
FUNDS DESCRIBED 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 GRANT FUNDS.
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10.
No assignment or delegation of duties under this Agreement by Contractor shall be
effective without City's prior written approval.
11.
No member, officer or employee of City, or its designees or agents; no member of the
governing body of the locality in which the Job Initiative Program is situated; and no other
public official of such locality or localities who exercises any functions or responsibilities with
respect to the Job Initiative Program 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 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 this paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors, shall render this Agreement voidable by the City of Fort Worth.
12.
In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it 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.
13.
Contractor, in the execution, performance or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, sexual
orientation, national origin, or familial status 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.
14.
,OD?o,
Contractor, its officers, agents, employees and subcontractors, shall abide by aid
with all laws, federal, state and local, including all ordinances, rules and regulations of City. If �� � �3a
City calls to the attention of Contractor any such violation on the part of Contractor or any of its
officers, agents, employees, subcontractors or program participants, then Contractor shall
immediately desist from and correct such violation.
Contractor shall Grant Funds and City funds strictly for those purposes and goals
intended under the terms and conditions of the OJJDP Grant and this Agreement. If City calls
the attention of Contractor to any such violations on the part of Contractor or any of its officers,
members, agents, employees, program participants or subcontractors, then Contractor shall
immediately desist from and correct such violation.
15.
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.
City's failure to insist upon the performance of any term or provision of this Agreement or
to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any
extent of City's right to assert or rely upon any such term or right on any future occasion.
17.
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 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.
18.
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.
19.
This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, constitute the entire agreement
between the parties 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. Any amendments to the terms of this Agreement must be in writing and must be
approved by each party.
20.
All notices required or permitted by this Agreement must be in writing and are
di e` "1''I '��v�u;u
delivered on the earlier of the date actually received or the third day following (i) depos t i�
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and (iii) addressed to the other party at the address set out in the
preamble of this Agreement or at such other address as the receiving party designates by proper
notice to the sending party.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties he eto have exec ed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this fl day of (.l 2005.
ATTEST: CITY OF FORTWORTH
V
By:
Joen' a
Assi a ity Lager
APPROVED AS TO FORM
AND LEGALITY: A-JL�qnrl
f Contract Authorization
Date
I
By: 44 J
ssistant City Attorney
for David Yett, City Attorney
BOYS & GIRLS CLUBS OF
GREATER FORT WORTH
By: L
JbVVordova
P e ident
CRY
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/29/2005 - Ordinance No. 16345-03-2005
DATE: Tuesday, March 29, 2005
LOG NAME: 350JJDP EARMARK REFERENCE NO.: **G-14727
SUBJECT:
Approve the Acceptance of Office of Juvenile Justice and Delinquency Prevention Earmark Grant
for Comin' Up Program; Adopt Appropriation Ordinance; and Authorize Execution of Contract with
Tarrant County, Texas, and Boys and Girls Club of Greater Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept an earmark grant from the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) in the amount of$199,874;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $199,874;
3. Authorize the City Manager to execute a contract with Boys and Girls Clubs of Greater Fort Worth in an
amount not to exceed $166,124; and
4. Authorize the City Manager to execute a contract with Tarrant County in an amount not to exceed
$33,750.
DISCUSSION:
Comin' Up is the City of Fort Worth's gang intervention program and is operated by the Boys & Girls Clubs
of Greater Fort Worth. The program was established in 1993 to positively impact the lives of youth involved
in gangs by providing needs-based services and activities as part of the overall collaborative effort to
reduce the level of gang violence in the city. Comin' Up identifies gang members ages 13-24 who are in
need of services through referrals from the police, schools, juvenile probation and the other relevant
agencies and organizations.
Seldom do Comin' Up participants have the training or skills necessary to secure meaningful
employment. Typically, gang-involved youth have the highest rates for dropping out of school, have the
least appropriate employment skills and have poor work attitudes. Characteristically, gang-involved youth
lack a stable family environment, lack an attachment to school and/or community and have poor school
performance (e.g., low grade point average, history of being retained, basic skills at least two grade levels
below expected grade level, history of truancy and persistent tardiness). Poverty, early parenthood, early
experimentation with illegal substances and/or involvement with the drug culture, absence of positive adult
role models and limited social and communication skills are further barriers.
To address this problem, the OJJDP earmark grant will be used to contract with the Boys and Girls Clubs of
Greater Fort Worth for the Job Initiative Program, which will provide job training and placement services;
provide social skills and work maturity training; and provide a mentoring relationship with Comin' Up
participants. The Job Training Initiative will ultimately help gang-involved youth to find employment, reduce
Logname: 350JJDP EARMARK Page 1 of 2
dependency and break the cycle of crime and recidivism.
A secondary need is drug treatment, as drug use often prohibits youth from obtaining and maintaining
employment. Capitalizing on current community collaborations, Tarrant County Juvenile Services has
been selected to implement the Cannabis Youth Treatment (CYT) Series, a marijuana specific treatment
intervention developed by the Center for Substance Abuse Treatment (CSAT) within Substance Abuse and
Mental Health Services Association (SAMHSA) and Department of Health and Human Services
(DHHS). The project will serve juvenile Comin' Up members who have substance abuse issues and are
involved in gangs or in gang related activities. Working in a collaborative effort with Lena Pope Home and
Santa Fe Adolescent Services, Tarrant County Juvenile Services will provide services to juveniles who
would otherwise not be eligible for the Drug Court program, due to their gang involvement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, execution of the contracts
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451891 035423009000 $199,874.00 GR76 539120 035423009010 $166,124.00
GR76 539120 035423009010 $166,124.00 GR76 539120 035423009020 $33.750.00
GR76 539120 035423009020 $33,750.00
Submitted for City Manager's Office b Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: David Garrett (4241)
Logname: 35OJJDP EARMARK Page 2 of 2