HomeMy WebLinkAboutContract 39504 (2)CITY SECHCTARV
CONTFEAC'T
UMOJA COMMUNITY PROGRAM AGREEMENT
"FATHERHOOD CONFERENCE"
In consideration of the mutual covenants, promises and agreements contained herein,
THIS AGREEMENT ("Agreement") is made and entered into between CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and
through Tom Higgins, its duly authorized Assistant City Manager, and UMOJA, INC., a
Texas non-profit corporation ("Contractor") acting by and through Mr. Luther Perry,
Director, its duly authorized representative.
RECITALS
WHEREAS, City has determined that Community Based Programs are necessary to
support crime prevention in City during FY 2010 to support the adoption of a prevention
focus by the police department and the community to unite fathers and sons to create an
environment where families can feel safe through an intense "Fatherhood Conference".
WHEREAS, Contractor has agreed to operate a Community Based Program for 80
students from the Fort Worth School District to provide at -risk youths the skills through a
Fatherhood Conference that will provide positive outcomes for children who are
academically challenged and suffer from low self-esteem. The program supports the
adoption of a prevention focus for the police department and the community; and provides
a secure environment in which children can receive an education; and
WHEREAS, City desires to contract with Contractor to operate the Fatherhood
Conference Program; and
WHEREAS, City, as consideration for the performance of Contractor, has
appropriated monies in the General Budget from awarded assets as reimbursed to the City
in the amount of $4,000.00 ("Program Funds") to provide to the Contractor for the
operation of the Fatherhood Conference;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
AGREEMENT
1. Responsibilities of Contractor
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" —Program
Objectives, attached, and incorporated herein for all purposes incident to this Agreement.
Contractor shall be responsible for day-to-day administration of the Fatherhood
Conference. Contractor agrees to expend the Program Funds in accordance with its
Fatherhood Conference budget, described in Exhibit "B attached.
OFFICIAL RECOFD
2. Program Funds CITY SECRETARY
2.1 In no event shall the total distributions of Program Funds from Ci madeNto the TV
Contractor during the term of this Agreement exceed the total sum of 4,00 .
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Contractor shall keep all Program Funds in a specific account designated only for the
Program Funds, and shall not commingle the Program 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 Program Funds distributed hereunder.
2.2 Payment of the Program Funds from City to Contractor shall be made in one single
payment based on the Program Budget following receipt by City from Contractor of a
signed invoice. Contractor shall also deliver to City a written Program Narrative to
support expenditure of Program Funds. Such narrative shall be signed by the Contractor
or duly authorized officer of the Contractor.
2.3 Contractor is authorized to adjust any categories in the budget in an amount not to
exceed 5 % of those particular categories without prior approval of City, as long as the total
sum does not exceed the amount of the Program Funds; however, Contractor must notify
City in writing of any such adjustments. Any adjustment of more than 5% 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 Fatherhood Conference must be
reported monthly and may be expended on the Fatherhood Conference with written
permission from the program coordinator. Invoices for payment, Program Narrative and
budget adjustments shall be submitted to the Administrative Services Bureau, Grants and
Contracts Management Division, of the Fort Worth Police Department, ATTENTION:
GERALD L. CHANDLER, 350 W. Belknap, Fort Worth, Texas, 76102.
3. Term
The term of this Agreement is for a period beginning on November 1, 2009, and
ending on September 30, 2010. All expenditures and payments must be completed prior to
September 30, 2010.
4. Program Performance
4.1 Contractor agrees to maintain full documentation supporting the performance of
the work and fulfillment %J eV set forth in Exhibit "A".
4.2 Contractor agrees to provide an end of program Performance Narrative to
document the performance of the work described in Exhibit "A. " The Performance
Narrative shall document the program activity names, numbers of participants attending,
details of the activities, and a description of the goals achieved in support of the agreement.
Additionally, the Project Narrative must include any successes realized in descriptive
detail. The Performance Narrative shall be submitted to City no later than the 15th day
after the end of program end date but not later than October 15, 2010.
5. Default and Termination
5.1 All monies distributed to Contractor hereunder shall be exclusively from monies
received from Awarded Assets, and not from any other monies of City. In the event that
funds from Awarded Assets 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.
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5.2 If for any reason at any time during any term of this Agreement, City Council of City fails
to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may
terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by
City to Contractor by written notice of City's intention to terminate or (ii) the last date for which
funding has been appropriated by City Council for the purposes set forth in this Agreement.
5.3 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; in event of Contractor default,
inability to perform or to comply with the terms herein; or for other good cause.
5.4 Termination will be effected by delivering to Contractor a notice of termination,
specifying the portion of the Agreement affected and the effective date of termination. Upon
Contractor's 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 performance
of the work terminated by the notice of termination; and
(d) Cease expenditures of Program Funds, except as may be necessary for completion
of the work not terminated.
5.5 In the event City suspends or terminates this contract for cause, and the cause for such
suspension or termination is determined to be invalid, the Contractor's sole remedy shall be
reinstatement of this contract. Contractor expressly waives any and all rights to monetary
damages, including but not limited to actual and punitive damages, court costs and attorney's
fees.
5.6 Within thirty (30) days following the date of termination of this Agreement,
Contractor shall return to City any property provided hereunder or as so directed by the Contract
Administrator. City will have no responsibility or liability for Contractor's expenditures or
actions occurring after the effective date of termination of the Agreement.
6. Equipment and Maintenance
Any equipment purchased with Program Funds must meet all eligibility requirements of
City. Contractor shall maintain all equipment used in the administration and execution of the
Fatherhood Conference. Contractor shall maintain, replace or repair any item of equipment used
in support of the Fatherhood Conference 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 Fatherhood Conference and/or for use under the terms of this
Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds or
City funds to repair or replace said equipment. Contractor shall use any and all equipment
purchased with Program Funds exclusively in support of the Fatherhood Conference. Within 10
days following the purchase of equipment, Contractor shall submit to City a detailed inventory of
all equipment purchased with Program 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.
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7. Administrative Requirements
7.1 Contractor agrees to keep sufficient records to document its adherence to applicable
local, state and federal regulations, along with documentation and records of all receipts and
expenditures of Program Funds. All records shall be retained for three (3) years following the
termination or completion of this Agreement. City 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, a single audit of all
Contractors' operations will be undertaken and may be conducted either by City or an
independent auditor 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.
7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved
within fifteen (15) days after notice to Contractor by City. If questions are not resolved within
this period, City reserves the right to withhold further funding under this and/or future contract(s)
with Contractor.
7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied or
misappropriated all or any part of the Program 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.
7.4 Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to: making
final payments, disposing of the Fatherhood Conference assets as appropriate and as directed by
City's Contract Services Administrator.
7.5 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, employees, and subcontractors for the purpose of such monitoring.
8. Independent Contractor•
8.1 Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, or servant 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, servants, employees, subcontractors, program participants, licensees
or invitees. The doctrine of respondeat 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.
8.2 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. Indemnification
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees 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 kind 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, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE
OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY, and Contractor hereby assumes all liability and
responsibility of City and 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 kinds or 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 IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS
OR SUBCONTRACTORS OF CITY 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 property 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
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.
10. Non -Assignment
No assignment or delegation of duties under this Agreement by Contractor shall be
effective without City's prior written approval.
11. Prohibition Against Interest
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11.1 No member, officer or employee of City, or its designees or agents; no member of the
governing body of the locality in which the Fatherhood Conference is situated; and no other
public official of such locality or localities who exercises any functions or responsibilities with
respect to the Fatherhood Conference 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.
11.2 No officer, employee, member or program participant of Contractor 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 City of Fort Worth,
12. Nondiscrimination
12.1 In accordance with federal, state, and local law and ordinance, 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.
12.2 Contractor will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit
its officers, members, agents, employees, subcontractors or program participants to engage in
such discrimination.
13. Compliance
13.1 Contractor, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of City. If City calls to the attention of Contractor any such
violation on the part of Contractor or any of its officers, members, agents, employees,
subcontractors or program participants, then Contractor shall immediately desist from and
correct such violation.
13.2 Contractor shall utilize Program Funds and City funds strictly for those purposes and
goals intended under the terms and conditions of 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.
13.3 City delegates authority for Agreement administration, compliance, and monitoring to
Gerald L. Chandler, Contract Services Administrator, and 817-392-4219.
14. Waiver of Immunity
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Since Contractor is a charitable nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
15.1 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.
15.2 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.
15.3 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 Tarrant County, Texas.
15.4 Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Agreement
and to perform the responsibilities herein required.
15.5 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.
15.6 All notices required or permitted by this Agreement must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
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 as follows or at such
other address as the receiving party designates by proper notice to the sending party.
1. CITY Tom Higgins, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies To: Gerald Chandler, Contract Services Administrator
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Fort Worth Police Department
350 W Belknap
Fort Worth, TX 76102
Monica WoffoI Wood, Assistant City Attorney
Law Department
1000 Throckmorton Street
Fort Worth, TX 76102
2. CONTRACTOR: Luther Perry, Director
UMOJA Inc.
P.O. Box 19090
Fort Worth, TX 76119
15.7 None of the performance rendered under this Agreement shall involve, and no portion of
the Program Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity, nor
shall said performance rendered or funds received be utilized so as to benefit, directly or
indirectly, any such sectarian or religious facility or activity.
15.8 Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-
exempt status during the term of this Agreement.
15.9 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
15.10 The provisions and conditions of this Agreement are solely for the benefit of City and
Contractor and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
[T`HE REMAINDER OF THIS PAGE IS Il�'I�NTIONALLY LEFT BLANK.]
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CITY OF FORT WORTH
A
Jeff ey W. 41alsteaj
Chief of Police
Date:
Tom Higgins
Assistant City Manager
Date:
APPROVED AS TO FORM
AND LEGALITY:
ICIF
tml 1�id �Lp it 1
m
ATTEST:
I7MOJA, IN
Profit Corpo�
Mr. Luther Perry
Director
Date:
City Secretary NO M&C REQUIRED
Marry Hendrix
Date: �,\\ q,\Zb 0 q
Non -
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH, TX
"EXHIBIT A"
UMOJA Community Program Agreement
Fatherhood -Conference Program Performance
Description of Services
Activities:
• UMOJA 18°i Annual Fatherhood Conference, Dec. 8-111 2009
• Provide Eighty (80) scholarships (high school students) at $50.00 each
• Annual UMOJA Leadership Conference for 80 students
Program Outcomes:
• Fatherhood Conference - 10 students from each of 8 FW high schools
• Overnight retreat, UMOJA, Lake Bridgeport (25% of students)
• Gain a sense of how to handle conflict, make better choices, insight and
appreciation of people's differences.
• Learn the value of teamwork and improve personal health
• Impress the importance of academics
• Students are required to make a presentation on what they have learned to the
school student body in an assembly
• The program outcome is to impress on each students that there is an alternative to
negative behavior and to joining a gang
Wom
UMOJA COTvIlvIUNITY PROGRAM AGREEMENT
FATHERHOOD CONFERENCE — PROGRAM BUDGET
Program Expenses
UMOJO Conference T-Shirt.............................................$800.00
Fatherhood Conference Meal.....9.0.0499................................$800.00
Fatherhood Conference Materials........................................$560.00
UMOJA Conference Banquet .......................................... $1,760.00
(Separate from the Fatherhood Conference)
UMOJA Overnight Retreat.................................................$80.00
(At Lake Bridgeport)
TOTAL PROGRAM BUDGET ............$4,000.00