HomeMy WebLinkAboutContract 28200 11 - 1 =02 P12 : 00 IN
STATE OF TEXAS §
COUNTY OF TARRANT § CONTRACT SECRETARY
AND DENTON No.
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In consideration of the mutual covenants, promises and agreements contained herein, this
agreement is made and entered into between the City of Fort Worth, hereinafter referred to as
"City," acting by and through Libby Watson, its duly authorized Assistant City Manager, and
the Boys & Girls Clubs of Greater Fort Worth, hereinafter referred to as "Contractor," acting
by and through Joe Cordova, its duly authorized President.
RECITALS
WHEREAS, the City of Fort Worth has received funds from the Fort.Worth Crime
Control and Prevention District to support a Safe Haven program; and
WHEREAS, the Boys & Girls Clubs of Greater Fort Worth proposes to provide a Safe
Haven program in each target site and other support to said program; and
WHEREAS, the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth
desire to enter into a contract and agreement whereby the City of Fort Worth will furnish Fort
Worth Crime Control and Prevention District funds to the Boys & Girls Clubs of Greater Fort
Worth for use in the operation of the Safe Haven program;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
I•
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," attached, and
incorporated herein for all purposes incident to this contract. Contractor agrees to expend the
funds herein provided in accordance with its budgets, described in Exhibit `B," attached.
Contractor will maintain equipment purchased under this grant and use such equipment in
support of this program.
2.
It is understood and agreed that in no event shall the total distributions of fluids made to
the.Contractor during the term of this agreement exceed the total sum of$262,810. In the event
this contract is terminated for any reason at any time Contractor shall return to City any unused
portion of the funds distributed hereunder.
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It is agreed that the funding provided hereunder shall be made on an on request basis in
advance following receipt from the Contractor of an itemized statement of anticipated expenses.
3.
The term of this agreement is for a period beginning on October 1, 2002, and ending on
September 30, 2003.
4.
It is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth
Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control
and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole
discretion, terminate this contract and agreement.
5
This agreement may be terminated by either party hereto, in whole or in part, at any time
and for any reason, upon written notice to the other party. Such written notice shall specify to
what extent the work under the agreement is being terminated and the effective date of the
termination. Within thirty (30) days after the effective date of the termination, Contractor shall
forward to City an invoice for all expenditures prior to the effective date of termination and City
shall remit payment in full within sixty(60) days after the date of such invoice.
6.
Contractor and City covenant and agree that in the event either party fails to comply with,
or breaches, any of the terms and provisions of this agreement, each party shall provide written
notice to the other as soon as reasonably possible after the non-breaching party becomes aware
of the failure to comply or breach of contract. In the event that the breaching party fails to cure or
correct such breaches within a reasonable time following the receipt of notice, such reasonable
time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement
immediately terminated, and neither party shall have further responsibility or liability hereunder.
7.
Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed with the 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.
Contractor shall deliver to City a monthly report of its activities and a monthly statement of its
receipts and expenditures of funds, and each such statement shall be signed by the Contractor,or
a duly authorized officer of the Contractor. Each monthly report and statement shall be
submitted to City no later than the 10th day of the following month.
Can NMMARY
8.
Contractor shall operate. hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor shall be solely responsible for the acts and
omissions of its officers, members, agent, servants, and employees. Neither City nor Contractor
shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its
officers, members, agents, servants,employees, or officers of the other.
9.
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.
10.
City and Contractor covenants 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, or in
connection with their 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.
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person or persons because of sex, race, religion,
color or national origin, nor will Contractor permit its agents, employees, subcontractors or
program participants to engage in such discrimination.
12.
The provisions of this agreement are severable and if for any reason a clause, sentence, or
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.
13.
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 Contractor's right to assert or rely upon any such term
or right on any future occasion.
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14.
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 Tarrant County, Texas.
15.
The governing bodies of City and Contractor have approved the execution of this
agreement, if required, 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.
16.
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services performed hereunder, and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
INGID
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this,��Nay of Q� �, --, A.D. 2002.
ATTEST: CITY O ORT WORTH
-� B
loria Pear on, City Secretary Libby Watson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Contract Authorization
By: M
As tant City Attorney, for D$ �
'
David Yett, City Attorney
Date: 10 11 I-.,. _
ATTEST: BOYS & GIRLS CLUBS OF
GREATER FORT WORTH
By:
oe Cordova
resident
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joe Cordova, known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to methat the
same was for the purposes and consideration therein expressed, as the act and deed of the
Boys and Girls Clubs of Greater Fort Worth, and in the capacity therein stated as its
duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of A)Oel7ibal- 20 0 2P—
V,
REBECCA J. ML)RO
M
Notary b1i
Y PU
0' r
STATE F TEXAS
OF1 My Comm, 0 T for
EXP.0411612006 Notary Public in an
the State of Texas
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Libby Watson,Icaown to me to be the same
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that she executed the same as
the act of said City of Fort Worth for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of kla 20 02- .
,.<�;PE ROSELLA BA N
NOTARY PU LIC
We of Texas
COMM,Exp.03-31-2005 Notary Public in and for
the State of Texas
EXHIBIT"A"
2002-2003
Annual goals of the Safe Haven South program.
1. Provide programs to 750 youth living within two miles of the Safe Haven South program site
2. Provide 22,000 Impact Hours of Recreational and Athletic activities for 200 youth daily
3. Provide 10,000 Impact Hours of Cultural Enrichment activities for 200 youth daily
4. Provide 16,000 Impact Hours of Educational Enhancement activities for 200 youth daily
5. Provide 4,000 Impact Hours of Alcohol&Substance Abuse prevention activities for
200 youth daily
Annual goals of the Safe Haven Diamond Hill program.
L Provide programs to 200 youth living within two miles of the Safe Haven Diamond Hill program site
2.. Provide 22,000 Impact Hours of Recreational and Athletic activities for 100 youth daily
3. Provide 10,000 Impact Hours of Cultural Enrichment activities for 100 youth daily
4. Provide 16,000 Impact Hours of Educational Enhancement activities for 100 youth daily
5. Provide 4,000 Impact Hours of Alcohol &Substance Abuse prevention activities for
100 youth
An impact hour is defined as a minimum of one hour participation in one particular activity. Some
activities(field trips, sporting events,tutorials, etc.)may actually be several hous in duration but
are counted as one hour.
Exhibit "B"
Boys &Girls Clubs of Greater Fort Worth
SAFE HAVEN PROGRAM BUDGET 2002-2003
Total SH South SH Diamond Hill
@ Poly @ Kirkpatrick M.S.
Salaries
Branch Director $ 48,505 37,000 11,505
Health/Director $ 24,000 24,000 -
Education Director $ 26,050 22,178 3,872
Assistant Education Director $ 11,760 - 11,760.
Social Recreation $ 25,000 20,000 5,000
Cultural Enrichment $ - -
Front Desk Clerk $ 1,760 1,760
Total Salaries $ 137,075 104,938 32,137
FICA $ 9,587 8,028 1,559
Worker's Comp $ 4,081 2,267 1,814
Unemployment $ 2,399 1,836 562
Health Insurance $ 12,600 6,300 6,300
Life/Disability $ 1,200 600 600
Retirement $ 13,920 6,960 6,960
Total Benefits $ 43,786 25,990 17,796
ITotal Personnel $ 180,861 130,928 49,933
jProfessional Fees 6,500 500 6,000
[supplies 26,000 8,000 18,000
lOccupancy 15,285 9,000 6,285
ITransportation 20,164 7,744 12,420
Other 14,000 3Y000 11,000
Includes Telephone, Postage,
Liability Insurance
ITotal Budget 262,810 159,172 103,638
City of'.,Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/5/02 **C-19332 35HAVEN 1 of 1
SUBJECT EXECUTE A CONTRACT WITH THE BOYS AND GIRLS CLUBS OF GREATER FORT
WORTH TO.CONTINUE OPERATION OF THE SAFE HAVEN PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with the Boys and Girls Clubs of Greater Fort
Worth to continue operation of the Safe Haven Program in the amount of$262,810; and
2. Authorize this contract to begin October 1, 2002, and expire September 30, 2003.
DISCUSSION:
The Safe Haven Program began in 1992 as part of the Weed and Seed grant, which expired
September 30, 2000. Safe Havens are places for children in targeted neighborhoods to go to play and
learn with other children without fear of being a victim of crime.
Funding, in the amount of $262,810, was allocated in the FY2001-2002 Crime Control and Prevention
District (CCPD) budget. This funding has been approved again in the FY2002-2003 CCPD budget.
The Safe Haven Program was first operated in the near southeast part of Fort Worth, and was later
expanded to the Diamond Hill neighborhood. One site is at Poly Technic Martin Safe Haven at 3123
Avenue G, and the other is at Kirkpatrick Middle School.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Crime Control and Prevention District Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 11/05/02
GR79 539120 0359808 $262,810.00
Additional Information Contact:
Susan Alanis 48262