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HomeMy WebLinkAboutContract 34137�, . t 1 � f�' � A1 I� d``,._.! �_ �. • �� i, f /� �.���' i'l4i/ytl� � � 4:1 AGREEMENT FOR COMIN' UP GANG INTERVENTION PROJECT 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 coiporation of the State of 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, a Texas non-profit organization (hereinafter referred to a"Contractor"), acting by and through Daphne Barlow, its duly authoi•ized President. RECITALS WHEREAS, Contractor proposes to continue the Comin' Up gang intervention project ("Program") to benefit the citizens of and prevent crime within the City of Fort Worth; and WHEREAS, the term of the previous agreement between the parties for the Program (City Secretary Contract Number 33899) expires September 30, 2006; and WHEREAS, the City and Contractor desire to enter into a new contract and agreement to continue the 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" and "B", attached, and incorporated herein for all purposes incident to this Agreement. Contractor agrees to expend the funds herein provided in accordance with its budget, described in Exhibit "C", attached. Contractor agrees to provide a monthly programmatic report to City to document the performance of the work described in Exhibits "A" and "B." This monthly programmatic report shall document the Program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved. The monthly programmatic report must include any successes realized in descriptive detail. The monthly programmatic report shall also provide all information specific to the South Central and Woodhaven sites in a detailed manner separate from the report for all other Program sites. The monthly programmatic ren�rt shall be submitted to City no later than the l Ot" day after the end of each month. 2. �����lw� ������ ���� ��������� ��e�''!; , G�j �' Q;� � � ':'�a;J�If1Ui(1,�� U�?G�10 City will disburse funds to Contractor during the term of this Agreement not to exceed the total sum of $2,033,793 ("Funds"). The Funds include an allocation from the Fort Worth Crime Control and Prevention District ("CCPD") in an amount not to exceed $378,300; such funds from the CCPD shall be used solely to fund the South Central and Woodhaven locations of the Program. Contractor shall lceep all Funds granted hereunder identified by a separate accounting code for these Funds. In the event this Agreement is terminated for any reason at any time, Contractor shall return to City any unused portion of Funds distributed hereunder. It is agreed that the Funds provided hereunder shall be made on a monthly, 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 statement of its receipts and expenditures of Funds, and such statement shall be signed by the Contractor or duly authorized officer of the Contractor. Contractor shall deliver to the City supporting documentation for expenses from the previous month's advance. Contractor is authorized to adjust any categories in the budget provided in the signed statement of anticipated expenses in an amount not to exceed 10% of those particular categories without prior approval of City, as long as the total sum does not exceed the amount of the Funds. Any adjustment of more than 10% of each category must have written permission from City prior to any budget adjustment being made. Any program income earned directly as a result of the Program must be reported monthly and may be expended on the Program with written permission from the City. Each monthly report and statement shall be submitted to City no later than the l Ot" day of the following month. Requests for payment, expenditure reports, supporting documentation for expenses from the previous month's advance, programmatic reports, and budget adjustments shall be submitted to the Fort Worth Parlcs and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas, 76115. 3. Contractor agrees to maintain full documentation supporting the performance of the worlc and fulfillment of the objectives set forth in Exhibit "A" and the achievement of the performance measures set forth in Exhibit "B" in its files. Contractor shall submit to City a monthly report of programmatic activities not later than the l Oth day of the following month. � The term of this Agreement is for a period beginning on October 1, 2006 and ending on September 30, 2007. 5. If for any reason at any time during the term of this Agreement, the City Council 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 deliveiy by the City to Contractor of written notice of the City's intention to ternunate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 2 � All equipment purchased with Funds must meet all eligibility requirements of the City and the CCPD. Contractor shall maintain equipment purchased with the Funds and use such equipment exclusively in support of this Program. All equipment remains the property of the City. Within 10 days following the end of the calendar year, Contractor shall submit to City a detailed inventory of all equipment purchased with the 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 this Program and/or for use under the terms of this Agreement that no longer functions or it lost or stolen, and that Contractor shall not use the Funds to repair or replace said equipment. 7. Contractor agrees to lceep sufficient records to document its adherence to applicable regulations, along with documentation and records of all receipts and expenditures of all Funds. All records shall be retained for three (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, members, agents, employees, and subcontractors shall malce such records readily available for investigation, examination, and audit. In the event of such audit by City, a single audit of all Contractor's operations will be undertalcen 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 monitaring the effectiveness of the services and worlc 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, employees, and subcontractors for the purpose of such monitoring. If as a result of any audit or review of expenditure reports it is determined that Contractor have misused, misapplied or misappropriated all or any part of the Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. This Section 6 shall survive the expiration of the term of this Agreement. �� It is understood and agreed that 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 worlc under the Agreement is being terminated and the effective date of termination. After receipt of notice of termination, Contractor shall: �������'�� ���G�v 1�0 3 �i� ������,?� �,..,, � . ���'v�����. ����. (a) Stop work under the contract on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts except as maybe 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 worlc 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 Funds distributed hereunder. � Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the worlc and services performed hereunder, mid 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 superiar 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 taslcs performed hereunder by Contractor, its officers, members, agents, employees, subcontractars, program participants, licensees or invitees. 10. 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. 11. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants, employees and CCPD Board from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever lcind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this agreement and/or the operations, activities and services of the program described herein, WHETHER OR NOT CAUSED, 1N WHOLE OR 1N PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY OR THE CCPD BOARD; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, employees and CCPD Board 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 lcinds ar 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, WHETHER OR NOT CAUSED 1N WHOLE OR 1N PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR 4 SUBCONTRACTORS OF CITY OR THE CCPD BOARD. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of propei�ty of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY OR THE CCPD BOARD. Contractor agrees to and shall release City, its agents, employees, officers and legal representatives from all liability for injury, death, damage or loss to persons or property sustained in connection with or incidental to performance under this Agreement, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 12. Contractor shall not assign all or any part of its rights, privileges or duties under this Agreement 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 the Funds 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 worlc 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 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 thus paragraph with the lcnowledge, 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 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 5 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 disability, familial status, 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 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. Contractar, 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. 17. 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 attached Exhibits. 18. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragr•aph 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. 19. The failure of City or 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 City's or District's right to assert or rely upon any such term or right on any future occasion. 20. 6 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 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 21. 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. 22. This written agreement constitutes that entire agreement by the parties hereto concerning the worlc and services to be performed hereunder, and any prior or contemporaneous, oral, or written agreement which puiports to vary from the terms hereof shall be void. [SIGNATURES APPEAR ON FOLLOWING PAGE] 7 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2006. ATTEST: APPROVED AS TO FORM AND LEGALITY: , !' ,, ,, � By: )��',�ti ► �2 ��1�` �1,� �iti- ssistant City Attorney CITY OF FORT WORTH : By: :� z � �_�_. Libby W�tson Assistant City Manager I�/L�L � � - ��-1 � 3�� Contract Authorization Date: ���-C,� �� BOYS & GIRLS CLUBS OF GREATER FORT WORTH By: � Daphne Barlow President �����]�,� �,�-� � --- � o �,:, -�— i �;S �� ,� r� G�, ��Y � •�1 I��� S I ^� �,� V�li',��'.��/! �I;���i !0, G;�'�!G�l'�Lr �'���u � .� ; EXHIBIT "A" Comin' Up Gang Intervention Program Objectives October 1, 2006 - September 30, 2007 To identify gang members in need of this Comin' Up Program's services by seeking refei-�als from the police, schools, juvenile probation and the other relevant agencies and organizations, e.g. Parks and Community Services. 2. To provide extended services in nine (9) targeted areas until the lOt�' site is mutually agreed upon that will attract and involve 100 gang-involved youth at each site. The targeted areas and sites are: Como: Diamond Hill: Far Northside: Near Southeast: Near Southside: Northside: Polytechnic: South Central: Stop Six: Wood Haven: Como Community Center Diamond Hill Community Center Rosen Heights Baptist Church Hillside Community Center Panther Branch Boys & Girls Clubs Northside Branch Boys & Girls Clubs Poly/Martin Branch Boys & Girls Clubs The Good Shepherd Baptist Church East Side Branch Boys & Girls Clubs To Be Determined 3. To assess 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 j ob development) directly through the proj ect, as well as through a clearly defined networlced of collaborating organizations and agencies. 5. To refer family members to appropriate services, as special needs are identified while worlcing 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 violently. 7. To employ one program participant from each operating site to serve as part-time community outreach worlcers, 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. 9 EXHIBIT "B" Comin' Up Gang Intervention Program Measures October 1, 2006 - September 30, 2007 1. Identify 100 gang members to participate in the Comin' Up Program fi•om each operating site. 2, Provide extended services for 100 pai�ticipants from each operating site. 3. Ensure minimum of 20% of participants from each operating site make life-charges including: ➢ Graduate from high school ➢ Return to school ➢ Obtain a GED ➢ Complete of a semester of college ➢ Join the U.S. Military ➢ Join Job Corp ➢ Secure a permanent job and retaining the same job for a minimum of three (3) months 4. Provide eight (8) inter-site activities from each operating site. 5. Develop three (3) written truces among gangs from each operating site. 10 Exhibit "C" COM1N'UP GANG 1NTERVENTION PROGRAM BUDGET Budget Period 10/1/06 — 9/30/07 8 Sites 9th Site lOth Site Total Personnel $1,051,828 $151,217 $77,929 $1,280,974 Contractual 123,000 12,700 8,850 144,550 Travel & Training 137,900 12,000 10,000 159,900 Supplies 184,765 29,692 26,012 240,469 Other 158,000 27,700 22,200 207,900 Total $1,655,493 $233,309 $144,991 $2,033,793 n , ,; ,:: �. �'������-`'�:� ��'�U,�:�� ���� ����� l��'-`� ;,,�:, ���:�, � , �'�u°.r�l, �I� Z � c�, 11 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/26/2006 DATE: Tuesday, September 26, 2006 LOG NAME: 8000MINUP07 REFERENCE NO.: **C-21732 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 1994. 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 programs are located at Como Community Center, Diamond Hill Community Center, Hillside Community Center, Panther Branch Boys & Girls Club, Northside Branch Boys & Girls Club, Martin Safe Haven Branch of the Boys & Girls Club, Cavile Branch Boys & Girls Club, Rosen Heights Baptist Church, and The Good Shepherd Baptist Church. A future site will be identified in the Woodhaven Community. The Comin' Up Gang Intervention Program has an enrollment of 894 persons with an average daily participation of 288. During the period from October 1, 2005 through August 30, 2006, 61 obtained employment, 69 graduated high school, 5 completed GED, 73 maintained employment and 25 completed certification for specialized employment. The General Fund FY 2006-2007 Non-Departmental budget includes funds totaling $1,655,493 for eight Comin' Up sites. The Crime Control and Prevention District Fund includes a total of $378,300 for two sites. The total funds available for this program is $2,033,793. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY 2006-2007 operation budget, as appropriated, of the General Fund. TO Fund/AccountlCenters FROM Fund/Account/Centers GG01 539120 0905500 $1,655,493.00 GR79 531200 0359101 $378,300.00 Submitted for City Manager's Office bv: Libby Watson (6183) T �rrr�orrA• GSC'PT1�TTtC R AT�/TP Pa�e 1 of 2 Originating De�artment Head: Randle Harwood (Acting) (5704) Additional Information Contact: Leona T. Johnson (5775) T nRnama• SSQPTT�TKQ R AT�/TP Paue �. nf �.