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HomeMy WebLinkAboutContract 30912 CITY SECRETARY STATE OF TEXAS § CONTRACT NO . COUNTY OF TARRANT, DENTON § AND WISE In consideration of the mutual covenants, promises and agreements contained herein, this agreement is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as "City,") acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and the Crime Prevention Resource Center, a legally constituted 501(c)(3) non-profit organization (hereinafter referred to as "CPRC") acting by and through Dr. Richard Carter, its duly authorized Executive Director. WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that a 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; and WHEREAS, the City of Fort Worth has received funds through the Fort Worth Crime Control and Prevention District and the general revenue fund; and WHEREAS, the Crime Prevention Resource Center proposes to provide these programs in accordance with this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. The CPRC covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibits "A," "B," "C," and "D." attached, and incorporated herein for all purposes incident to the contract. CPRC agrees to expend the funds herein provided in accordance with its budget as provided to the City. CPRC will maintain equipment purchased under this project and use such equipment in support of this program. 2. It is understood and agreed that in no event shall the total distributions of funds made to the Contractor during the term of this agreement exceed the total sum of$60,195 for the Gang Prevention Coordinator project using general revenue funds, $175,000 for community advocacy for crime prevention programs using Fort Worth Crime Control and Prevention District funds, for a total of$235,195. Payments to CPRC shall be made quarterly in four equal installments of $58,798.75 each, beginning in November 2004. Payments will be made within 10 days following receipt of an invoice from the CPRC requesting payment for the upcoming quarter. 3. The term of this agreement is for period beginning on November 1 2004,-and eftdin g p g � _ g on October 31, 2005. v 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 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 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 such termination, CPRC shall return to the City any unused portion of funds provided to them under this contract. 6. CPRC 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. CPRC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the District under this agreement, and City shall have access at all reasonable hours to offices and records of the CPRC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. CPRC shall also submit a report no later than March 31, 2005, providing review of the agency and its programs, including a response to any audit findings by the City of Fort Worth during this proposed five- month review period. CPRC shall deliver to the Staff Services Division of the Fort Worth Police Department a quarterly report of its activities and statement of its receipts and expenditures of funds under this agreement. Each such statement shall be signed by a duly authorized officer of the Contractor. Each quarterly report and statement shall accompany the invoice requesting funds. CPRC agrees to keep sufficient records to document its adherence to this agreement including records of all receipts and expenditures. All records shall be retained for three years following the termination of this agreement. City shall have the right to investigate, examine and audit at any time any and all such records relating to the operations of CPRC under_thia___ agreement. Upon demand by the City, the CPRC, its officers, members, agents, employees, and - subcontractors shall make such records readily available for investigation, examination and- audit. ndaudit. _ rya RT H, �" 8. CPRC shall operate hereunder as an independent contractor and not as an officer, agent, servant of employee of City. CPRC shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor CPRC shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employee, or officers of the other. 9. All property approved by the City of Fort Worth and purchased with general revenue or Fort Worth Crime Control and Prevention District funds granted hereunder shall be used solely for the accomplishment of the purposes and work set forth in the Exhibits attached hereto. 10. City shall in no way nor under any circumstances be responsible for any property belonging to CPRC, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which my be lost, stolen, destroyed or in any way damaged. 11. City and CPRC each covenant to the other that neither such party nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract shall 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. City and CPRC, 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 CPRC permit its agents, employees, subcontractors or program participants to engage in such discrimination. 13. 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. The failure of City or CPRC to insist upon the performance of any term or provision of this agreement or to exercise any right to herein conferred shall not be construed as a waiver or relinquish to any extent of City's or CPRC's right to assert or rely upon any such term or right on any future occasion. 15. Should any action, whether real or asserted, at law or equity, arise out of this execution, performance, attempted performance or non performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 16. The governing bodies of City and CPRC have approved the execution of this agreement, and the persons signing the agreement have been duly authorized by the governing bodies of the City and CPRC to sign this agreement on behalf of the governing body. 17. This written instrument constitutes the entire agreement by the parties hereto 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. IN WITNESS WHEREOF, the parties hereto ha��O\j executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this�jday of zm b f y' , A.D. 2004. ATTEST: CITY OF FORT WORTH: City SecretaryY Joe Pi g Assi ity anager M&C C-20382 APPROVED AS TO FORM AND LEGALITY: Contract Authorization (�jl November 12, 2004 Carla Cook, Assistant City Attorney Date Date: CRIME PREVENTION RESOURCE CENTER Dr. Richard Carter Executive Director (�i,i�C' ;ji6A r ��ae STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dr. Richard Carter, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Crime Prevention Resource Center and that she executed the same as the act of said Crime Prevention Resource Center for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this tO�day of Qc)tep[,,b , A.D. 2004. rPA LUZE.FIERRO � .i MYC February15,2005 Notary b is in and for COMMISSION EXPIRES the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, known to me to be the 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 for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of)LOW A.D. 2004. jo ```,` 111111111111/f1j11/// 'r'�► CRIME CONTROL AND PREVENTION DISTRICT EXHIBIT A �/ 2004— N i�c�oi�,v, oZGGS � o / CW��r/i Goals: To support the Crime Prevention Resource Center's efforts to prevent and reduce crime and the fear of crime by strengthening partnerships between the Fort Worth Police Department and the private sector. Objectives: • To provide public education programs about current crime issues and effective crime prevention strategies. • To secure audiovisual materials for the center's resource Library for use by police officers and the citizens of the community. • To increase the production and distribution of crime prevention materials in multiple foreign languages. • To increase training and education programs for law enforcement personnel, educators, social service providers and citizens on crime issues and crime prevention. • To research additional funding opportunities to support crime prevention efforts. • To increase training and technical assistance to community groups in developing crime tD prevention programs and in securing the resources to support them. • To provide meeting space for community meetings, training sessions, and educational programs. • To purchase supplies and materials to support crime prevention programs and projects. • To increase the capacity of the Community Advisory Committees of each Neighborhood Policing District by providing training and technical assistance. • To build and strengthen partnership between the FWPD and other community-based groups. 0 To serve as a center for information and referral. Crime Control and Prevention District Prevention Coordinator EXHIBIT B AaateBer2004—S"Aember 2005 ��uv Goal: To hire a staff person for the Crime Prevention Resource Center whose responsibility is to coordinate the implementation of strategies to prevent and reduce crime and violence in the city of Fort Worth with an emphasis on gangs and youth crime issues. This staff person will also be responsible for the coordination of the Crime Stoppers Program. Objectives: Program Service Activities • Research national and local trends in crime. • Provide public awareness programs and education on gangs, 135 program/violence, and other pertinent crime issues. • Develop and communicate regularly with a network of local and national experts on the issue of gangs, crime, and violence interaction. • Develop and coordinate a comprehensive plan for collecting and disseminating information about crime and prevention in a timely manner to all segment of the community. • Coordinate the Crime Stoppers Program C -ME CONTROL AND PREVENTION DIST'"CT ExxISIT C Oar 2004 005 _ I. Personnel $92,700 To pay a portion of salaries and fringe benefits of administrative and support staff members who perform task to support the goals and objectives of Zero Tolerance initiatives. II. Travel/Training $7,500 To utilize the services of nationally recognized experts in crime prevention and control issues relevant to the local community to provide training and education for citizens, police personnel and staff to enhance their ability to support Zero Tolerance goals. To cover cost of staff travel for training/travel in support of CCPD goals. III.. Equipment -0- IV. Supplies $10,000 To pay for general office supplies and meeting supplies to support CCPD activities. V. Contract/Professional Fees $10,000 To pay a pro-rata share of the Crime Prevention Resource Center's annual audit and professional fees. VI. Other Total $54,800 A. Facility $35,000 To pay a pro rata share of rent, utilities, insurance, maintenance and related cost for use of CPRC's administrative offices, meeting spaces, and Training Center in support of CCPD goals and objectives. B. Printing and Postage $10,000 To pay for direct cost of printing and mailing newsletters and other material to recognize current crime prevention initiatives and crime issues and for general correspondence and reports. C. Resource Library $5,000 To purchase books, periodicals, curricula, videos, etc to support CCPD goals and objectives for use by police officers and other stakeholders. D. Phone/FAX./Internet $4,800 To pay pro rata cost of these items in support of CCPD goals TOTAL BUDGET REQUESTED $175,000 Crime Prevention and Crime Stoppers Coordinator EXHIBIT D -QctWja 2004-S" of 2005 ��- 1 DU&q" -, DaAt-l��, A. Personnel $60,195 To pay 100% of the annual salary, fringe benefits and related cost of the Crime Prevention and Crime Stoppers Coordinator. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/2/2004 DATE: Tuesday, November 02, 2004 LOG NAME: 35CPRC REFERENCE NO.: C-20382 SUBJECT: Authorize Execution of a Contract with the Crime Prevention Resource Center RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment with the Crime Prevention Resource Center (CPRC) in an amount up to $235,195 for a term of one-year beginning on November 1, 2004 and ending on October 31, 2005. The terms of the contract will include a 30-day option out clause without cause and a requirement that the CPRC provide the City with a complete program review by the end of the first five months of the contract. DISCUSSION: On September 30, 2003 (M&C C-19776), the City Council authorized the City Manager to execute City Secretary Contract No. 29158 with the Crime Prevention Resource Center (CPRC) providing total funding of $235,195 for FY2003-2004. This Mayor and Council Communication authorizes the amendment of that contract to extend the contract term to FY2004-2005. The City of Fort Worth has provided support to this organization since 1992. These funds come from a combination of General Fund ($60,195) and Crime Control and Prevention District ($175,000) resources. The FY2004-2005 General Fund budget includes $60,195 for continued funding of the crime prevention coordinator position at the Crime Prevention Resource Center. The purpose of this position is to provide coordination between government, public service agencies and businesses to explore new crime prevention opportunities and to continue to monitor the progress of Gang Task Force strategies. Funds are also budgeted in the amount of$175,000 from the Crime Control and Prevention District (CCPD) Fund for the CPRC to further crime prevention in the community through advocacy programs. Among other uses, these funds maintain a crime prevention resource library and provide other resources such as meeting space for agencies or individuals interested in establishing crime prevention programs. Additional activities include the Tarrant County Crime Stoppers program that was added during FY2002-2003 and the monitoring of the Safe City gun violence reduction program. The City staff delayed recommending execution of a new contract pending resolution of allegations of inappropriate use of agency funds for personal purposes. Since the allegations have surfaced, changes in agency staffing have been made and new officers have been elected to the Board of the CPRC. An audit of the CPRC by the City Auditor is underway. If the Council approves the contract, it is the intent of the City staff to require a report from the agency that outlines the finding of a five-month review of the agency and its programs. The contract will also include a 30-day option out clause without cause. The City staff will continue to work with the Board to strengthen the agency and its programs. Lopnnme- 35C'PRC Pnna 1 nf') ' P FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the FY2004-2005 operating budget, as appropriated, of the General and the Crime Control and Prevention District Funds. TO Fund/Account/Centers FROM Fund/AccounVCenters GG01 539120 0906200 $60,195.00 GR79 531200 0359001 $175,000.00 Submitted for City Manager's Office by: Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (4210) Additional Information Contact: Susan Alanis (4221) T.nvnnme- I SCPR C 'D'3"A 7 �f 7