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HomeMy WebLinkAboutContract 41979 STATE OF TEXAS § clTy SECRETARY , i COUNTY OF TARRANT § CONTRACT NO. `� 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 agreement. WHEREAS, City desires to contract with SCC to provide these programs. 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 1. Responsibilities of SCC SCC 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" 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". 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 sum 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. In the event this Agreement is t on at anv time. SCC shall return to City anv unused portion of Program I�'IA'kLECU= nder. CITY SECRETARY FT. WORTH,TX i 2.2 Payment of the Program Funds from City to SCC shall be made on a quarterly basis on October 1, January 1, April 1, and July 1 in a lump sum of$58,798.75 each. The invoice shall be submitted in sufficient detail to determine whether costs are allowable under the agreement. 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 Fiscal Management Division of the Fort Worth Police Department, ATTENTION: Gerald L. Chandler 350 W. Belknap, Fort Worth, Texas, 76102. 3. Term The initial term of this Agreement is for a period beginning on October 1, 2011, regardless of the date actually executed, and ending on September 30, 2012. The Agreement may be extended for one additional year. 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). 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to SCC hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD 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 2 2.2 Payment of the Program Funds from City to SCC shall b ade on a quarterly basis on October 1, January 1, April 1, and July 1 in a lump sum of$58,7 .00 each. The invoice shall be submitted in sufficient detail to determine whether costs are allowable under the agreement. 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 Fiscal Management Division of the Fort Worth Police Department, ATTENTION: Gerald L. Chandler 350 W. Belknap, Fort Worth, Texas, 76102. 3. Term The initial term of this Agreement is for a period beginning on October 1, 2011, regardless of the date actually executed, and ending on September 30, 2012. The Agreement may be extended fort'r additional one-year periods. Dn�- 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 201h day after the end of each quarter (in the months of January, April, July and October). 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to SCC hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD 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 2 default; inability of either party to perform 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. 5.6 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. 6. 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 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. 3 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. 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, 4 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 Against 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, 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. 5 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 defend, indemnify and hold City harmless against any claims or allegations asserted by 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 Gerald L. Chandler, Contract Services Administrator, 817-392-4219. 13. Waiver of Immunity 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. 14. Miscellaneous Provisions 6 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. 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. 14.7 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. 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2011. CITY OF FORT WORTH SAFE CITY COMMISSION,INC. W J f rey t. Halstead 6.yg.(( Ken Shetter Chief of Police President of the Board s W. Daniels Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Je ca Sangsvang Assistant City Attorney ATTEST: ty Secretary *�-Q, °Q0o0o'-'U.. "'y 00 ty Authorization: Contract No. M&C: C-23088 EOFFICIAL ORD ARY TX s Exhibit A Operation &Organization • Safe City Commission will account for all activities, expenses, income, and use accounting procedures in accordance with generally accepted accounting principles and internal control procedures. • Staffing of Safe City Commission will be an executive administrator and at least two staff members to coordinate program activities.All Safe City Commission programs and projects will be under the supervision of the executive administrator.The Board of Directors will oversee the executive administrator and assure compliance of all the City requirements. • Safe City Commission will be responsible for raising funds for crime prevention and maximizing the use of city funds by increasing funds raised in addition to the amount allocated by the City. • Safe City Commission will operate in a manner consistent with the attached budget. Safe City Commission will Support the Following • The Imagine No Violence program, offered to students in the Fort Worth Independent School District. • Tarrant County Crime Stoppers and Campus Crime Stoppers, including operation of a local Crime Stoppers Call Center and utilization of current technologies and public education to encourage wide use of Crime Stoppers. • Training and Education programs for law enforcement and other crime prevention professionals, focused on providing low-cost, local training with opportunities for law enforcement to earn continuing education credits and network with other agencies and professionals from the non-profit sector, education, corrections and courts. • Activities supporting gang prevention,youth violence prevention and at-risk youth. • Coordination of services for children and youth who witness violence or experience other trauma. • Coordination of community support for law enforcement and crime prevention programs. Exhibit B Safe City Commission Budget Advocacy Program Personnel (program-related) $1085542.00 Personnel (administrative) $58,446.00 Professional and Insurance $16,463.00 Fees Telephone/Fax/Internet $215168.00 Hosting Materials/Supplies/Equipment $115760.00 Facilities and Utilities $11,760.00 Postage/Shipping $4,704.00 Delivery/Printing Professional Development $25352.00 TOTAL $2359195.00 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/30/2008 DATE: Tuesday, September 30, 2008 REFERENCE NO.: **C-23088 LOG NAME: 35SAFECITYCR09 SUBJECT: Authorize Execution of a Contract with the Safe City Commission to Continue Operation of a Community Advocacy Crime Prevention Program in the Amount of$235,195.00 RECOMMENDATION: It is recommended that the City Council: 1.Authorize the City Manager to execute a contract for $235,195.00 with the Safe City Commission for Fiscal Year 2008-2009 to continue operation of a community advocacy crime prevention program; and 2. Authorize the contract to begin October 1, 2008, and to be renewed for up to four successive one year periods. The renewals will not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during any renewal terms. DISCUSSION: On April 5, 2005, (M&C C-20640)the City Council authorized the City Manager to execute City Secretary Contract No. 31847 with the Safe City Commission to continue the important role of a crime commission in Fort Worth. Specific programmatic and deliverable guidelines were developed and integrated into a contract with this agency for a crime prevention and education program and a community advocacy for crime prevention program. This M&C will authorize the contract to continue the existing program for Fiscal Year 2008-2009. Funding in the amount of$60,195.00 from the General Fund and$175,000.00 from the Crime Control and Prevention District continues in Fiscal Year 2008-2009. 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. The Safe City Commission crime prevention initiatives include the "Imagine No Violence" program. which incorporates an art and creative writing contest for students expressing non—violent concepts through their creativity, the "Gun Crime Means Hard Time" multi—media campaign, which conveys the priority law enforcement places on prosecution of gun crime, and "Bright Futures" a ten—week program that empowers youth with the knowledge and skills needed to avoid youth violence. The Safe City Commission Crime Stoppers program is another initiative vital to the crime reduction efforts of the City.The program provides anonymity to citizens who provide crime tips and rewards information leading to an arrest. The Safe City Commission is a vital partner in the City of Fort Worth's crime prevention efforts. FISCAL INFORMATION: The Financial Management Services Director certifies that funds will be available in the current operating budget, as appropriated, of the General Fund and the Crime Control and Prevention District Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GGO1 539120 0906200 $60.195.00 GR79 531200 0359100 $175.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Patricia J. Kneblick (42 10) Additional Information Contact: Kara Shuror (422 1) ATTACHMENTS No attachments found.