HomeMy WebLinkAboutContract 26469 CITY SECRETARY ,
CONTRACT NO. .�
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have
determined that a youth gang prevention and education program and community
leadership development is needed by all citizens of Fort Worth; 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 Crime Prevention Resource Center proposes to provide these
programs in accordance with this agreement utilizing that above funds;
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 Crime
Prevention Resource Center, hereinafter referred to as "Contractor," acting by and
through Elizabeth Faeth, its duly authorized Executive Director, do hereby covenant and
agree as follows:
1.
Contract 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","B", "C", and "D"
attached, and incorporated herein for all purposes incident to the contract. Contractor
agrees to expend the funds herein provided in accordance with its budget as provided to
City. Contractor 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$55,000
for the Gang Prevention Coordinator project using general revenue funds, $175,000 for
the Gang Prevention and Education project using Fort Worth Crime Control and
Prevention District funds, for a total of$230,000. Payments to Contractor shall be in four
equal quarterly installments of $57,500 each, to be made on the first business day of
October, January, April and August of the contract year.
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3.
The term of this agreement is for a period beginning on October 1, 2000, and
ending on September 30, 2001.
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; that all monies distributed to Contractor
hereunder shall be exclusively from monies received under District funding, appropriated
by City; 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 and City shall not be liable for payment for any
work or services performed by Contractor under or in connection with this contract.
S.
It is understood and agreed that this contract may be terminated by City, in whole
or from time to time 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 contract 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 the extent specified in the
notice of termination;
(b) Place no further orders or subcontractors except as may be 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 general revenue funds, Fort Worth Crime Control
and Prevention District monies distributed hereunder.
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 Fort Worth Crime Control and Prevention District and any general
revenue. All records shall be retained for three years following the termination of this
agreement. City, the State of Texas, and the Department of Justice or their
representatives shall have the right to investigate, examine and audit at any time any and
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all such records relating to the operations of Contractor under this agreement. Upon
demand by the City, the Contractor, its officers, members, agents, employees, and
subcontractors shall make such records readily available for investigation, examination
and audit.
7.
Contractor shall deliver to City a quarterly report of its activities and statement of
its receipts and expenditures of funds from the Fort Worth Crime Control and Prevention
District and any general revenue. Each such statement shall be signed by a duly
authorized officer of the Contractor. Each quarterly report and statement shall be
submitted to City no later then the 201h day of the following end of the quarter.
8.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by the Contractor under this
agreement, and City shall have access at all reasonable hours to offices and records of the
Contractors, its officers, members, agents, employees, and subcontractors for the purpose
and such monitoring.
9.
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 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, licensees or invitee
of the Contractor, nor any program participant hereunder is the paid services of the City
and the 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 no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroy or in any way
damaged.
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11.
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 nay and all persons, of
whatsoever kind of character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or no-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 general revenue or Fort Worth Crime Control and
Prevention District 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 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 these projects prior to any charges
being incurred.
13.
No member, officer or employees of City, or its designees or agents; no members 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
incorporate, like language prohibiting such interest, in all contracts and subcontracts
hereunder.
No officer, employees, 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 the Contractor, as an officer, employee,
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member or program participant. Any willful violations 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.
Contractor covenants that neither it nor and of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in performing this
contract shall in connection with the employment, advancement, or discharge or
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, not 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 the City. It is agreed and understood that is City calls to the attention of
the Contractor any such violation on the part of the 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 these funds strictly for those purposes and
goals intended under the terms and conditions of the attached Exhibits. It is agreed and
understood that if City calls the attention of Contractor to any such violations on the part
of the Contractor or any of its officers, members, agents, employees, program participants
or subcontractors, then Contractor shall immediately desist from and correct such
violation.
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17.
All property approved by the city of Fort Worth and purchased with general revenue, 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 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 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 attached hereto.
19.
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.
20.
The failure of City to insist upon the performance of any term or provision of this
agreement or to exercise any right to herein conferred shall not be construed as a waiver
or relinquish to any extent of City's right to assert or rely upon any such term or right on
nay future occasion.
21.
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.
22.
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 hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this `day of ti , A.D. .
ATTEST: CITY OF FORT WORTH
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' City Secretary Libby Watson
Assistant City Manager
Contract Authorization Contract Authorization
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Date
Date
APPROVED AS TO FORM AND LEGALITY:
Pi4rneyy
Date:
CRIME PREVENTION RESOURCE CENTER
Attest:
By:
Eli beth Faeth
Executive Director
CITY Mlf'kr? ff
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 Elizabeth Faeth, 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 Crime Prevention Resource Center and that she executed the
same as the act of said Crime Prevention Resource Center for the purpose and
consideration therein expressed and in the capacity therein stated. {,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
rc� , A.D. 2000.
I
C. BETTY S.HAWAMS
• Notary PWic.State a Texas Notary P lic in and for
+` MyCowsimE* `AV'It'2Mthe State of Texas
F
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 day of
A.D. 2000.
Notary Public in and for
the State of Texas
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CRIME CONTROL AND PREVENTION DISTRICT
EXHIBIT A
OCTOBER 2000-SEPTEMBER 2001
Goals: To support the Crime Prevention Resource Center's efforts to prevent and reduce crime
and the fear of crime by strengthening partnerships between the Fort Worth Police
Department and the private sector.
Objectives:
To provide public education programs about current crime issues and effective crime
prevention strategies.
To secure audiovisual materials for the center's resource Library for use by police
officers and the citizens of the community.
To increase the production and distribution of crime prevention materials in multiple
foreign languages.
To increase training and education programs for law enforcement personnel, educators,
social service providers and citizens on crime issues and crime prevention.
To research additional funding opportunities to support crime prevention efforts.
To increase training and technical assistance to community groups in developing crime
prevention programs and in securing the resources to support them.
To publish newsletters bi-monthly to targeted audiences about current crime prevention
initiatives.
To provide meeting space for community meetings, training sessions, and educational
programs.
To purchase supplies and materials to support crime prevention programs and projects.
To increase the capacity of the Community Advisory Committees of each Neighborhood
Policing District by providing training and technical assistance.
To build and strengthen partnership between the FWPD and other community-based
groups.
To serve as a center for information and referral.
GANG TASK FORCE
EXHIBIT B
OCTOBER 2000-SEPTEMBER 2001
Goal:
To staff one full time employee for the Crime Prevention Resource Center whose
responsibility is to coordinate the implementation of strategies to prevent and reduce
crime and violence in the city of Fort Worth with an emphasis on gangs and youth crime
issues.
Objectives:
• To research national and local trends in crime.
• To increase public awareness programs and education on gangs, violence, and other
pertinent crime issues.
• To develop and communicate regularly with a network of local and national experts on t
he issues of gangs, crime, and violence.
• To develop and coordinate a comprehensive plan for collecting and disseminating
information about crime and prevention in a timely manner to all segments of the
community.
• To maintain current statistical and programmatic information to support local efforts to
prevent and reduce crime and violence.
• To collaborate with Safe City USA, a comprehensive public awareness campaign
targeting crime prevention and gun crime.
CRIME CONTROL AND PREVENTION DISTRICT
EXHIBIT C
OCTOBER 2000-SEPTEMBER 2001
I. Personnel $93,212
To pay a portion of salaries and fringe benefits of administrative and support staff
members who perform task to support the goals and objectives of Zero Tolerance
initiatives.
II. Travel/Training $9,300
To utilize the services of nationally recognized experts in crime prevention and control
issues relevant to the local community to provide training and education for citizens,
police personnel and staff to enhance their ability to support Zero Tolerance goals.
To cover cost of staff travel for training/travel in support of CCPD goals.
III.. Equipment -0-
IV. Supplies $5,000
To pay for general office supplies and meeting supplies to support CCPD activities.
V. Contract/Professional Fees $2,000
To pay a pro-rata share of the Crime Prevention Resource Center's annual audit.
VI. Other $60,658
A. Facility $32,958
To pay a pro rata share of rent, utilities, insurance, maintenance and related cost
for use of CPRC's administrative offices, meeting spaces, and Training Center in
support of CCPD goals and objectives.
B. Printing and Postage $16,500
To pay for direct cost of printing and mailing newsletters and other material to
recognize current crime prevention initiatives and crime issues and for general
correspondence and reports.
C. Resource Library $10,000
To purchase books, periodicals, curricula, videos, etc to support CCPD goals and
objectives for use by police officers and other stakeholders.
D. Phone/FAX./Internet $1,200
To pay pro rata cost of these items in support of CCPD goals
TOTAL BUDGET REQUESTEDJM{G�s\� ,`� 0
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GANG TASK FORCE
EXHIBIT D
OCTOBER 2000-SEPTEMBER 2001
A. Personnel $55,000
To pay 100% of the annual salary, fringe benefits and related cost of the Gang Task
Force Prevention Coordinator.
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City of Fort Worth, Texas
"ayor and Coun"R Communication
DATE REFERENCE NUMBER I 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
*Vagor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 C-18405 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 ACCOUNT CENTER AMOUNT CIDP, T Y
Office by: (to)
1�ITY
Libby Watson 6183
Originating Department Head: DEC 19 2000
Ralph Mendoza 48386 (from) ".; �, - y,
GG01 539120 0906200 $ 55,000.00 city wrf-wy off t,+°
Additional Information Contact: GR79 531200 0354900 $175,000.00 t i` or Fort Woru4 tax"
Ralph Mendoza 48386