HomeMy WebLinkAboutContract 43888 CIV sscitErAgy 9-
CONTRACTNOS�
STATE OF TEXAS §
COUNTY OF TARRANT §
CONTRACT BETWEEN THE CITY OF FORT WORTH AND THE SAFE CITY
COMMISSION, INC. FOR FUNDING FROM THE CRIME CONTROL AND
PREVENTION DISTRICT FOR THE ADVOCACY PROGRAM
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 Charles W. Daniels, its duly authorized Assistant City Manager, and THE SAFE CITY
COMMISSION, INC., a Texas non-profit organization (hereinafter referred to as SCC} acting by
and through Ken Shetter, its duly authorized representative.
RECITALS
WHEREAS, City has determined that a Safe City Commission crime prevention and
education program and a community advocacy for crime prevention program are needed by all
citizens of Fort Worth in order to make Fort 'Worth the safest major city in the nation;
WHEREAS, SCC has agreed to provide these programs in accordance with this
agreements
WHEREAS, City desires to contract with SCC to provide these programs; and
WHEREAS, City, as consideration for the performance of SCC, has appropriated monies
in the Crime Control and Prevention District (CCPD) budget in the amount of$175,000.00 and
an additional amount of $60,195.00 from the General Fund to provide to the SCC for the
operation of the program.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
I. Responsibilities of SCC
SCC covenants and agrees to fully perform, or cause to be perfornned, with good faith
and due diligence, all work and services described in Exhibit "A" to this agreement, attached and
incorporated herein for all purposes incident to this Agreement. SCC shall be responsible for
day-to-day administration of the advocacy program. SCC agrees to expend the Program Funds
in accordance with its Advocacy Program budget as described in Exhibit "B".
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lFrICIAL RECORD
FY 13 Aq
ovc,cmetit VFW Sr.SSC-Advocacy SECRETARY
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11-15-12 A'10*.2[--) FT,WORTH,TX
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2. Program Funds
2.1 In no event shall the total distributions of Program Funds from City made to the SCC
during the term of this Agreement exceed the total surn of$235,195.00 for the operation of the
program. SCC 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. CCPD
funds and General Funds must both be kept in separate accounts. In the event this Agreement is
terminated, for any reason at any time, SCC shall return to City any unused portion of Program
Funds distributed hereunder.
2.2 Payment of the Program Funds from City to SCC shall be made on a quarterly basis on
Is' Quarter-October through December, 2nd Quarter-January through March, 3rd Quarter-April
through June, and 4th Quarter-July through September in a lump sum of$58,798.75 each quarter.
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The invoice shall be submitted in sufficient detail to determine whether costs are allowable under
the agreement and support documentation to substantiate the expenditures must be provided to
the City prior to the invoice being approved for payment.
2.3 SCC 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, SCC must notify City in writing of any such
adjustments. Any adjustment of more than 5% in any category must have written permission
from City prior to the budget adjustment being made. Any program income earned directly as a
result of the Advocacy Program must be reported monthly and may be expended on the
Advocacy Program with written permission from the program coordinator. Invoices for payment,
and budget adjustments shall be submitted to the Contracts and Grants Section of the Fort worth
Police Department, ATTENTION: Aya Ealy 350 W. Belknap, Fort Worth, Texas, 76102.
3. Term
The initial term of this Agreement is for a period beginning on October 1, 2012,
regardless of the date actually executed, and ending on September 30, 2013.
4. Program Performance
4.1 SCC agrees to maintain full documentation supporting the performance of the work and
fulfillment of the objectives set forth in Exhibit "A" to this contract.
4.2 SCC agrees to provide a quarterly Performance Narrative to document the performance
of the work described in Exhibit "A." The Performance Narrative shall document the details of
the Advocacy Program activities and include a description of the program outcomes.
Additionally, it should include any successes realized in descriptive detail. The quarterly
Performance Narrative shall be submitted to City no later than the 20th day after the end of each
quarter(in the months of January, April, July and October).
FY 13 Agreement CFW&.SSC-Advocacy 2
5. Default and Termination
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds
from the CCPD and General Fund. In the event that funds from the CCPD and General Fund
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 SCC
under or in connection with this Agreement.
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 SCC 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; such as in event of SCC
default; inability of either party to perfon-n or to comply with the terms herein; or for other good
cause.
5.4 Termination will be effected by delivering to SCC a notice of termination, specifying the
portion of the Agreement affected and the effective date of termination. Upon SCC's receipt of
notice of termination, SCC 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 SCC's sole remedy shall be
reinstatement of this contract. SCC expressly waives any and all rights to monetary damages,
including but not limited to actual and punitive damages and court costs.
5.5 within thirty (30) days following the date of termination of this Agreement, SCC shall
return to City any property provided hereunder or as so directed by the Contract Administrator.
City will have no responsibility or liability for SCC's expenditures or actions occurring after the
effective date of termination of the Agreement.
G. Administrative Requirements
6.1 SCC 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
FY 13 Agreement CFw&SSC-Advocacy 3
Program Funds. All records shall be retained for three (3) years following the termination or
completion of this Agreement. City or its representatives shall have the right to investigate,
examine and audit at anytime any and all such records relating to operations of SCC under this
Agreement. SCC, 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 SCC's operations will be undertaken and may be
conducted either by City or an Independent Public Accountant of City's choice. SCC shall submit
a copy of any audit performed by their independent auditor within 30 days of receipt of the final
audit report.
6.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved
within fifteen (15) days after notice to SCC 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 SCC.
6.3 If, as a result of any audit, it is determined that SCC misused, misapplied or
misappropriated all or any part of the Program Funds, SCC 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.
6.4 SCC's obligation to City shall not end until all closeout requirements are completed.
Activities required during this closeout period shall include, but are not limited to: making final
payments, disposing of Advocacy Program assets as appropriate and any other actions as
directed by City's Contract Administrator.
6.5 SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of
the services and work to be performed by SCC under this Agreement, and City shall have access
at all reasonable hours to offices and records of the SCC, its officers, members, agents,
employees, and subcontractors for the purpose of such monitoring.
7. Independent Contractor
7.1 SCC shall operate hereunder as an independent contractor and not as an officer, agent, or
servant or employee of City. SCC 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 SCC, 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 SCC. It is
expressly understood and agreed that no officer, member, agent, employee, subcontractor,
licensee or invitee of the SCC, 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 SCC, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees.
FY 13 Agreement CFW&SSC-Advocacy 4
7.2 City shall in no way nor under any circumstances be responsible for any property
belonging to SCC, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
8. Indemnification
8.1 SCC 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, or
subcontractors; and SSC 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, or subcontractors of City.
SCC 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 SCC, its officers, members, agents, employees,
subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, or subcontractors;
8.2 SCC 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.
8.3 SCC 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.
9. Non-Assignment
No assignment or delegation of duties under this Agreement by SCC shall be effective
without City's prior written approval.
10. Prohibition A ainst Interest
10.1 No member, officer or employee of City, or its designees or agents; no member of the
governing body of the locality in which the Advocacy Program is situated; and no other public
official of such locality or localities who exercises any functions or responsibilities with respect
to the Advocacy Program during his tenure or for one year thereafter, shall have any interest,
FY 13 Agreement CFW&SSC-Advocacy 5
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. SCC shall incorporate, or cause to be incorporated, like language
prohibiting such interest, in all contracts and subcontracts hereunder.
10.2 No officer, employee, member or program participant of SCC 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 SCC of any land, materials, supplies, or
services purchased with any funds transferred hereunder, except on behalf of SCC, as an officer,
employee, member or program participant. Any willful violation of this paragraph with the
knowledge, expressed or implied, of SCC or its subcontractors, shall render this Agreement
voidable by City of Fort Worth.
11. Nondiscrimination
11.1 In accordance with the policy of the Executive Branch of the federal government, SCC
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.
11.2 SCC will not unlawfully discriminate against any person or persons because of sex, race,
religion, age, disability, color, national origin, or familial status, nor will SCC permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
11.3 This Agreement is made and entered into with reference specifically to Chapter 17,
Article III ("Discrimination"), Division 3 ("Employment Practices"), of City Code of City of Fort
Worth, and SCC hereby covenants and agrees that SCC, its officers, members, agents, employees
and subcontractors, have fully complied with same and that no employee, employee-applicant or
program participant has been discriminated against by the terms of such ordinance by either
SCC, its officers, members, agents, employees or subcontractors.
11.4 SCC further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), SCC warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with SCC, or
employees of SCC or any of its subcontractors. SCC Warrants it will fully comply with ADA's
provisions and any other applicable Federal, state and local laws concerning disability and will
FY 13 Agreement CFW&SSC-Advocacy 6
defend, indemnify and hold City harmless against any claims or allegations asserted b y third
parties or subcontractors against City arising out of SCC's and/or its subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the
performance of this Agreement.
12. Compliance
12.1 SCC, 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 SCC any such violation on the part of
SCC or any of its officers, members, agents, employees, subcontractors or program participants,
then SCC shall immediately desist from and correct such violation.
12.2 SCC 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 SCC to
any such violations on the part of SCC or any of its officers, members, agents, employees,
program participants or subcontractors, then SCC shall immediately desist from and correct such
violation.
12.3 City delegates authority for contract administration, compliance, and monitoring to Aya
Ealy, Contract Services Administrator, 817-392-4239.
13. Waiver of Imrxiunity
If SCC is a charitable or 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; SCC 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.
W. Miscellaneous Provisions
14.1 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.
14.2 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.
14.3 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.
FY 13 Agreement CFW&SSC-Advocacy 7
14.4 SCC represents that it possesses the legal authority, pursuant to a proper, appropriate and
official motion, resolution or action passed or taken, to enter into this Contract and to perform
the responsibilities herein required.
14.5 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 agreements which purport 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.
14.6 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 set out in the
preamble of this Agreement or at such other address as the receiving party designates by proper
notice to the sending party.
CITY; SCC:
Charles W. Daniels Ken Shetter
Assistant City Manager Executive Director
City of Fort Worth Safe City Commission
1000 Throckmorton Street 777 W. Rosedale Street
Fort Worth, Texas 76102 Fort North, Texas 76106
14.7 None of the performance rendered Linder 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.
14.8 SCC certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue
Service. SCC shall notify City in writing of any changes to its 501(c)(3) tax-exempt status
during the term of this Agreement.
14.9 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
14.10 The provisions and conditions of this Agreement are meant solely for the benefit of City
and SCC and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
FY 13 Agreement CFW&SSC-Advocacy
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, to be effective October 1, 2 012.
CITY OF FORT WORTH SAFE CITY COMMISSION, INC.
r
Jeffr W. Halstead en Shetter
Chief of Police President of the Board
Ch rles W. Daniels
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Jessie svang
Assis, a t City Attorney
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Contract No.
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OFFICIAL RECORD
CITY SECRETARY
FY 13 Agreement CFW &SSC-Advocacy T 9
Exhibit A
Safe City Commission Advocacy Program Performance Measures
1. At least 20,000 Fort Worth students will participate in the Imagine No Violence art
contest.
2. Public education materials promoting the use of the Campus Crime Stoppers Friends for
Life program will be disseminated in at least 90% of Fort Worth ISD middle schools and
high schools.
3. Safe City Commission staff will support community crime prevention efforts by
facilitating or participating in a minimum of 25 multi-disciplinary meetings (excluding
meetings related solely to one Safe Place programs and/or services).
4. A minimum of 500 individuals will participate in professional training and education
facilitated by Safe City Commission.
5. Safe City Commission Crime Stoppers tips will result in a minimum of 350 arrests.
6. Safe City Commission Crime Stoppers will result in a minimum of 700 cleared cases.
7. Safe City Commission will provide a minimum of 250 hours of legal consultation and/or
representation to one Safe Place clients.
Safe City Commission Advocacy Center Program Activities
1. Number of multi-disciplinary meetings held.
2. Number or individuals attending Safe City professional training and education programs.
3. Number of students participating in the Imagine No Violence Art Contest.
4. Number of students receiving public education information about the Campus Crime
Stoppers Friends for Life program.
5. Number of cleared cases resulting from Crime Stoppers tips.
6. Number of arrests resulting from Crime Stoppers tips.
7. Number of hours providing legal consultation or representation services to one Safe
Place clients.
FY 13 Agreement CFW &SSC-Advocacy to
Exhibit B
Safe City Commission Advocacy Program Budget
1. Manage operations of Safe City Commission
■ $80,000
■ Supports salaries of executive director and administrative assistant.
■ Staff members are responsible for professional management and administrative
assistance for Safe City Commission.
2. Provide Safe City Commission Programming and Services
• $101,695
• Supports salaries of program staff.
Staff members are responsible for providing programming and services in the
following areas: Crime Stoppers, Imagine No Violence, Safe City Training and
Education and one Safe Place.
3. Provide Facilities for Safe City Commission
• $30,500
• Supports occupancy expenses, including rent/lease, utilities, cleaning services,
landscape services and insurance.
4. Provide operational Support
• $23,000
• Supports administrative framework and sustainabi lity for Safe City Commission,
including outside accounting services, IT services, web hosting, equipment and
supplies.
Total; $235,195
FY 13 Agreement CFw &SSC-Advocacy 1 l
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COUNCIL ACTION: Approved on 1019/2012
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DATE: 1019!2012 REFERENCE NO.: **C-25910 LOG NAME: 35SAFECITYCR13
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Safe City Commission, Inc., to Continue
Operation of a Community Advocacy Crime Prevention Program in the Amount of
$235,195.00 (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with Safe City
Commission, Inc., in the amount of$235,195.00 for Fiscal Year 2013 to continue operation of a
Community Advocacy Crime Prevention Program.
DISCUSSION:
On April 5, 2005, (M&C C-20640}the City Council authorized City Secretary Contract No. 31847 with
the Safe City Commission, Inc. (Safe City Commission), to continue the important role as a crime
commission in Fort Worth. The community advocacy program provides crime prevention, education
and community advocacy throughout Fort Worth. This Mayor and Council Communication will
authorize the contract to continue the existing program for Fiscal Year 2013. Funding in the amount
of$60,195.00 is provided from the General Fund and the amount of$175,000.00 from the Crime
Control and Prevention District.
The Safe City Commission is a vital partner in the City of Fort Worth's crime prevention efforts. The
Safe City Commission's goal is to help make Fort Worth the safest major city in the United States
through its partnership with the community, schools and law enforcement. Its initiatives promote a
culture of non-violence among the City's youth.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds will be included in the City
Manager's proposed 2013 budget in the General Fund and the Crime Control and Prevention District
Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 531 200 0359100 $1 75,000.00
GG01 539120 0351202 $50,1 95.00
Submitted for City Manager's office by: Charles Daniels (6199)
Originating Department Head: Jeffrey Halstead (4210)
Additional Information Contact: Aya Ealy(4239)
ATTACHMENTS
http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=17467&councildate=101912012 111212012