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HomeMy WebLinkAboutContract 32701 CITY SECRETARY rl CONTRACT NO. STATE OF TEXAS § COUNTIES 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 Libby Watson, its duly authorized Assistant City Manager, and THE BOYS AND GIRLS CLUBS OF GREATER FORT WORTH, (hereinafter referred to as "Contractor,") acting by and through Joe Cordova, its duly authorized President. RECITALS WHEREAS,the Boys and Girls Clubs of Greater Fort Worth proposes to provide a Comin' Up gang intervention project, and WHEREAS, City Secretary Contract 30747 ends on September 30, 2005; and WHEREAS,the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth desire to enter into a new contract and agreement to continue the Comin' Up gang intervention project; NOW, THEREFORE, in consideration of the mutual covenants 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" and`B", attached, and incorporated herein for all purposes incident to this contract. Contractor agrees to expend the funds herein provided in accordance with its budget, described in Exhibit"C", attached. 2. It is understood and agreed that in no event shall the total distributions during the term of this agreement exceed the sum of$1,633,369. Contractor shall keep all monies granted 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 monies distributed hereunder. N iLp It is agreed that the funding provided hereunder shall be mad on an on-request basis in advance following receipt 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 funds from City of Fort Worth monies, 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. Requests for payment, expenditure and programmatic reports shall be submitted to the Fiscal Services Coordinator of the Fort Worth Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas, 76115-1499. 3. The term of this agreement is for a period beginning on October 1, 2005, and ending on September 30, 2005. 4. If of any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under the 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 purpose set forth in this Agreement. 5. All equipment purchased for this program must directly support the project. Contractor shall maintain equipment purchased for this project and use such equipment solely in support of this project. All equipment remains the property of the City until such time as a decision is made to transfer title to the Contractor. Within 10 days following the end of the calendar year Contractor shall submit to City a detailed inventory of all equipment purchased with City of Fort Worth funds including the date purchased, and description, cost, and location of each piece of equipment. It is hereby understood Contractor shall replace or repair any item of equipment used in support of the project and/or for use under the terms of this agreement that no longer functions or is lost or stolen, and that Contractor shall not use City funds to repair or replace said equipment. 6. Contract agrees to keep sufficient records to document its adherence to applicable City regulations, along with documentation and records of all receipts and expenditures of City of Fort Worth funds. All records shall be retained for 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, 2 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 Contractors' 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 30 days of receipt of the final audit report. 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, employee, and subcontractors for the purpose of such monitoring. 7. It is understood and agreed that this contract may be terminated by City, in whole or in part, whenever such terminations is determined by City to be in the best interest of City. Termination will be effected by delivering to Contractor 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 to the extent specified in the notice of termination; (b) Place not further order or subcontracts 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 federal or City monies distributed hereunder. 8. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, 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, 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 and program participant hereunder is in the paid service of the City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officer members, agents, employees, subcontractors, program participants, licensees or invitees. 3 9. City shall in no way nor under any circumstances be responsible for any property belonging to the Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 10. CONTRACTOR AGREES TO DEFEND,INDEMNIFY AND HOLD THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES,HARMLESS AGAINST ANY AND ALL CLAIMS,LA WS UITS,A CTIONS, COSTS AND EXPENSES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, TOSE FOR PR OPER TY DAMA GE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO 0 WNER'S B USINESS AND ANY RESULTING LOST INCOME)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAYRELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIT19 OR SUBCONTRACTORS, RELATED TO THIS AGREEMENT AND THE COMIN' UP GANG INTERVENTION PROJECT OR THE PERFORMANCE OF THIS AGREEMENT,EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPL Y TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS,AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY,RESPONSIBILITY,IF ANY, SHALL BE APPORTIONED COMPARITIVELYINACCORCANCE WITH THE LAWS OF THE STATE OF TEXAS. 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,AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS OR SUITS RESULTING FROM SUCH MISUSE, MISAPPLICATION OR MISAPPROPRIATION OF SUCH FUNDS. 11. 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 writin any proposed lease agreements or subcontracts between Contractor and any subcoIS tratc�r o 'a: sub-lessee engaged in any activity in conjunction with this project prior to any charges being incurred. 12. No member, officer or employee of City, or is 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 their 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 contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Contractor or 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 void by the City of Fort Worth. 13. Contractor covenants and agrees that neither it nor any 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 of employees, in connection with the terms, conditions or privileges or 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. 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, sexual orientation 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 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 not employee, employee-applicant or program participant has be discriminated C,; against by the terms of such ordinance by either the Contractor, its agents, employees or subcontractors. 15. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all applicable ordinances, rules, and regulations of City. It is agreed and understood that if City call to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees, subcontractor or program participants,then Contractor shall immediately desist from and correct any such violation. Contractor promises that it will use City funds strictly for those purposes and goals intended under the terms of the City of Fort Worth and the attached Exhibits. It is agreed and understood that if City call the attention of Contractor to any deviations from the stated purpose and goals outlined in attached Exhibits, Contractor shall immediately desist from and correct any such deviations or violations. 16. 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 the attached Exhibits. 17. 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. 18. The failure of City of Contractor 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 the City's right to assert or rely upon any such term or right on any future occasion. 19. 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 the state courts located in Tarrant bi J.U Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. 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. 21. This written agreement 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. f� 'y`J'�1 L�7�[`L �i� L IN WITNESS WHEREOF,the parties hereto have executed this a eement in multiples in Fort Worth, Tarrant County, Texas, this. Qj,`:4 day of - 2005. ATTEST: CITY OF F RT WORTH By: 10, Libby W son Assistant City Manager APPROVED AS TO FORM _ ( j I 10 1 AND LEGALITY: Contract Authorization Date: B Assistant ity Attorney BOYS & GIRLS CLUBS OF GREATER FORT WORTH By: ('�/ , � J'--' e Cordova President EXHIBIT"A" Comin' Up Gang Intervention Program Objectives October 1, 2005 —September 30, 2006 1. To identify gang members in need of this program's services by seeking referrals from the police, schools,juvenile probation and the other relevant agencies and organizatiozrs, e.g. Parks and Community Services. 2. To provide extended services in eight(8)targeted areas that will attract and involve 100 gang-involved youth at each site. The targeted areas and sites are: Como: Como Community Center Diamond Hill: Diamond Hill Community Center Near Southeast: Hillside Community Center and/or Sycamore Community Center(during renovations) Near Southside: Panther Branch Boys & Girls Club Northside: Northside Branch Boys& Girls Club Polytechnic: Martin Safe Haven Branch of the Boys & Girls Club Stop Six: Cavile Branch Boys& Girls Club Far Northside: Rosen Heights Baptist Church 3. To access 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 even violently. 7. To employ eight(8)program participants (one from each 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. Exhibit`B" 1. Identify 800 gang members to participate in the program. 2. Provided extended services for 800 participants 3. Ensure a minimum of 20% (160) of participants make life-changes including: ➢ Graduated from high school ➢ Returned to school ➢ Obtain a GED ➢ Complete specialized occupational training ➢ Complete a semester of college ➢ Joined the U.S Military ➢ Joined the Job Corp ➢ Secured a permanent job and retaining the same job for a minimum of three months 4. Provide 70 inter-site activities 5. Develop 20 truces among gangs COMIN'UP GANG INTERVENTION PROGRAM BUDGET Budget Period 10/1/05-9/30/06 Exhibit"C" 8 sites Personnel Costs $ 1,039,172 Contractual 138,500 Travel/Vehicle Maintenance/Training 188,257 Supplies 150,900 Other including: 116,540 Communication Occupancy Postage [ sial city ludgct 1,633,3691 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2005 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, October 25, 2005 LOG NAME: 8000MINUP06 REFERENCE NO.: C-21107 SUBJECT: Authorize the Execution of a Contract with the Boys & Girls Clubs of Greater Fort Worth to Continue Operation of the Comin' Up Gang Intervention Program RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up gang intervention program. DISCUSSION: The Comin' Up gang intervention program, operated by the Boys & Girls Clubs of Greater Fort Worth, was initiated in 1993. In order to reduce gang-related violence, this program diverts gang members into activities such as job training, counseling, GED programs, family referrals and case management. The program had previously received some grant funding from the United States Department of Justice, but that funding mechanism ended last year. The total cost of the program is $1,633,369.00. There are eight Comin' Up sites, including one that was added in the Rosen Heights community during this past summer. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY2005-2006 operating budget, as appropriated, of the General Fund TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0905500 $1,633,369.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Randle Harwood (Acting) (5704) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/22/2005