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HomeMy WebLinkAboutContract 26468 CITY SECRETARY CONTRACT N©. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Fort Worth has received funds from the Fort Worth Crime Control and Prevention District to support a Safe Haven program; and WHEREAS, the Boys & Girls Clubs of Greater Fort Worth proposes to provide a Safe Haven program in each target site and other support to said program; and WHEREAS, the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth desire to enter into a contract and agreement whereby the said City of Fort Worth will furnish said grant funds to the Boys & Girls Clubs of Greater Fort Wroth for use in the operation of said program. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth, hereinafter referred to as "City", acting by and through Libby Watson, its duly authorized Assistant City Manager, and the Boys & Girls Clubs of Greater Fort Worth, hereinafter referred to as "Contractor", acting by and through Joe Cordova, its duly authorized Executive Director, do thereby covenant and agree as follows: 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 Exhibit "A", attached, and incorporated herein for all purposes incident to this contract. Contractor agrees to expend the funds herein provided in accordance with its budgets, described in Exhibit `B" , attached. Contractor will maintain equipment purchased under this grant 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 $255,155. Contractor shall keep all monies granted hereunder in a separate account designated only for these funds, and shall not commingle the funds with any other monies. In the event this contract is terminated for any reason at any time Contractor shall return to City any unused portion of the funds distributed hereunder. It is agreed that the funding provided hereunder shall be made on an on request basis in advance following receipt from the Contractor of an itemized statement of anticipated expenses. 61L E"KooED IT'�U�p���q[��Vit}1[ R�y L 0� VL"�✓�11��tl��154'�1e 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. 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 funds. 12. Contractor shall not assign all or any part of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment of same without such prior written approval shall be void, and constitutes a breach of this agreement. It is agreed that the City ahs the right to inspect and approve in writing any proposed lease agreements or subcontracts between Contractor and subcontractor or sub-lessee engaged in any activity in conjunction with this grant funded project 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 contract 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 violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this contract voidable by the City of Fort Worth. 14. 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, -,r,q 1� MM � U�5lNa program participants, or subcontractors, while engaged in performing this contract shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 15. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, 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 4 ("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. Contractor promises that it will use grant funds strictly for those purposes and goals intended under the terms and conditions of the Fort Worth Crime Control and Prevention District plan and budget and the attached Exhibits. It is agreed and understood that 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. 17. All property approved by the City of Fort Worth and purchased with monies granted hereunder shall be used solely for the accomplishment of the purposes and work set forth in the Exhibits attached hereto. 18. Contractor covenants and agrees that in the event it fails to comply with or breaches any of the terms and provisions of this agreement, City shall have the ri " t to declare th. URSCGG�D ti' �Er-,V�RPly agreement immediately terminated, and City shall have no further responsibility or liability hereunder. Any such termination shall be subject to the provisions of the Exhibits attached hereto. 19. The provisions of this agreement are servable and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 20. The failure of City to insist upon the performance of any term or provision of this agreement or to exercise any right 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. 21. 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 Tarrant County, Texas. 22. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Executed this day of .?.(v", 2000. rV ATTEST: CITY OF FORT WORTH ��SSf City Secretary /a - Libby Watson Assistant City Manager Contract Authorization _ ( -i5vs Date: /,,-2 - (- APPROVED AS TO FORM AND LEGALITY: ity ttorney Date: BOYS & G CLUBS OF G ATER WORTH J Cordova Er?IJ�C'Cn'0U``D STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Cordova, 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 Boys and Girls Club of Greater Fort Worth and that he executed the same as the act of said Boys and Girls Club of Greater 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 �`nl , A.D. 2000. BETTY S.HWMONDS f�1/1711 . • Notary Public,State Of Texas Notary Pbblfc in and for lyym Caa►E*M Aa.tt.2oaa•�,Eof�E}�' the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this th day of A.D. 2000. o•'`�vA`' R=PUBLIC Notary Public in and for the State of Texas C EXHIBIT "B" SAFE HAVEN SOUTH AND DIAMOND HILL BUDGET 2000 -2001 Total Salaries 137,155 Total Benefits 36,000 Total Personnel 173,155 Professional Fees 7,000 Supplies 24,000 Occupancy 18,000 Transportation 17,000 Other 16,000 Includes Telephone, Postage, Liability Insurance Total Budget $255,155 �121lc�RD BOY'S&GUMS CLUBS OF OMTEt FORT YMORTH EXHIBIT "A" 2000 - 2001 Annual goals of the Safe Haven South program. 1. Provide programs to 250 youth living within two miles of the Safe Haven South program site 2.. Provide 22,000 Impact Hours of Recreational and Athletic activities for 150 youth 3. Provide 10,000 Impact Hours*of Cultural Enrichment activities for 150 youth 4. Provide 16,000 Impact Hours of Educational Enhancement activities for 150 youth 5. Provide 4,000 Impact Hours of Alcohol & Substance Abuse prevention activities for 150 youth Annual goals of the Safe Haven Diamond Hill program. 1. Provide programs to 200 youth living within two miles of the Safe Haven Diamond Hill program 2.. Provide 22,000 Impact Hours of Recreational and Athletic activities for 150 youth 3. Provide 10,000 Impact Hours of Cultural Enrichment activities for 150 youth 4. Provide 16,000 Impact Hours of Educational Enhancement activities for 150 youth 5. Provide 4,000 Impact Hours of Alcohol & Substance Abuse prevention activities for 150 youth An impact hour is defined as a minimum of one hour participation in one particular activity. Some activities (field trips, sporting events, tutorials, etc.) may actually be several hous in duration but are counted as one hour. A Urftd Way Agency 3218 E.Bermap•Fort Worth,Texas 76111-4739.817.834.4711 •Fax 817.222.0911 City of Fort Worth, Texas "Ovor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 C-18405 35EXTEND 1 of 2 SUBJECT APPROVAL OF CONTRACTS FOR FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT PROJECTS WITH THE CRIME PREVENTION RESOURCE CENTER AND BOYS AND GIRLS CLUBS OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with the Crime Prevention Resource Center for the continuation of gang and crime prevention activities in the amount of $230,000 with an effective date of October 1, 2000; and 2. Authorize the City Manager to execute a contract with the; Boys and Girls Clubs of Greater Fort Worth to continue operation of Safe Havens begun in the Weed and Seed Grant in the amount of $255,155 with an effective date of October 1, 2000. DISCUSSION: In 1994, the City Council authorized the expenditure of $55,000 to employ a gang prevention coordinator at the Citizens Crime Commission, which is now the Crime Prevention Resource Center. The purpose of the position was to monitor the progress of Gang Task Force strategies, educate the community about gangs, and coordinate with area agencies. Funds in the amount of $175,000 were later allocated from the Fort Worth Crime Control and Prevention District as part of the Zero Tolerance Teams (now Crime Response Teams) program to supplement this item by allowing the establishment of a resource library and other supporting activities. Since the inception of the contract, the scope of services has expanded to encompass crime prevention in general while continuing to coordinate with the Police Department and the Comin' Up program on gang activities. An additional activity which was added last year is the operation and monitoring of the Safe City gun violence reduction program. The Safe Haven Program was previously funded in the Weed and Seed Grant, which ended September 30, 2000. For the current year, funding in the amount of $255,155 was allocated in the FY2000-2001 Adopted Budget for the Crime Control and Prevention District. The Safe Haven Program began in 1992 in the Near Southeast/Polytechnic Heights/Stop Six area, and was expanded in 1995 to the Diamond Hill neighborhoods. Both locations receive grant funds to operate a Safe Haven for children; one is located at Van Zandt Guinn Elementary School and the other, which was originally at Washington Heights Elementary School, is now at Kirpatrick Elementary School. City of Fort Worth, Texas "affor And CouncilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 C-18405 1 35EXTEND 2 of 2 SUBJECT APPROVAL OF CONTRACTS FOR FORT WORTH CRIME CONTROL AND PREVENTION DISTRICT PROJECTS WITH THE CRIME PREVENTION RESOURCE CENTER AND BOYS AND GIRLS CLUBS OF FORT WORTH FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of the General Fund and the Crime Control and Prevention District. LW:k Submitted for City Manager's FUND ACCOUNTI CENTER AMOUNT CITY Office by: (to) 1TY COUNCIL Libby Watson 6183 DEC 19 20 Originating Department Head: Ralph Mendoza 48386 (from) u� � GG01 539120 0906200 $ 55,000.00 city Secretary of t'�e Additional Information Contact: GR79 531200 0354900 $175,000.00 city of Fort Wow,T9xw Ralph Mendoza 48386