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HomeMy WebLinkAboutContract 31054 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTIES 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 PaniaguaJ, its duly authorized Assistant City Manager, and THE BOYS AND GIRLS CLUBS OF GREATER FORT WORTH, (hereinafter referred to a "Contractor,") acting by and through Joe Cordova, its duly authorized President. RECITALS WHEREAS, the City of Fort Worth has received a Local Law Enforcement Block Grant from the Bureau of Justice Assistance for additional support for a variety of programs in the Police Department and the City as well as for certain assistance to be provided to outside personnel under contract with the City; and WHEREAS, the Boys and Girls Clubs of Greater Fort Worth proposes to provide a Comin' Up gang intervention project and other support to said program, and WHEREAS, on October 19, 2001, the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth entered into City Secretary Contract Number 27159 whereby the City of Fort Worth will furnish said grant funds to the Boys and Girls Clubs of Greater Fort Worth for use in operation of said program; and WHEREAS, City Secretary Contract Number 29291 ends on September 30, 2004; and WHEREAS, the City of Fort Worth and the Boys and Girls Clubs of Greater Fort Worth desire to enter into a new contract and agreement to continue the Comin' Up gang intervention project and to furnish said grant funds to the Boys and Girls Clubs of Greater Fort Worth for use in operation of said program; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Contractor 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" and "B", attached, and incorporated herein for all purposes incident to this contract. Contractor agrees to expend the funds herein provided in accordance with its budget, described in Exhibit "C", attached. 1 2. It is understood and agreed that in no event shall the total distributions of federal grant funds from the Local Law Enforcement Block Grant in the amount of$301,151 and funds from the City of Fort Worth in the amount of$500,000 made to the Contractor during the term of this agreement exceed the total sum of $1,226,793. $425,642 is anticipated in other funds. If such funds are not forthcoming, Contractor shall terminate the program prior to exceeding $801,151. Contractor shall keep all monies granted hereunder in a separate account designated only for these funds, and shall not coming the funds with any other monies. In the event this contract is terminated for any reason at any time Contractor shall return to City any unused portion of federal monies distributed hereunder. It is agreed that the funding provided hereunder shall be made on an on request basis in advance following receipt from the Contractor of a signed statement of anticipated expenses. Contractor shall deliver to City a monthly report of programmatic activities and a monthly statement of its receipts and expenditures of funds from Local Law Enforcement Block Grant and City of Fort Worth monies, and such statement shall be signed by the Contractor or duly authorized officer of the Contractor. Each monthly report and statement. shall be submitted to City no later than the 10`h day of the following month. Contractor is authorized to adjust any categories in the budget in an amount not to exceed 10% of those particular categories without prior approval of the City but Contractor must notify the City, in writing of any such adjustments. Any adjustment of more than 10% of each category must have written permission from the City and the Bureau of Justice Assistance prior to any budget adjustment being made. Any program income earned directly as a result of this grant project must be reported monthly and may be expended on this project with written permission from the project director. Requests for payment, expenditure reports, grant programmatic reports, and budget adjustments shall be submitted to the Research and Planning Section of the Fort Worth Police Department, 350 W. Belknap, Fort Worth, Texas, 76102. 3. The term of this agreement is for a period beginning on. October 1, 2004, and ending on September 30, 2005. 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 granted under the Local Law Enforcement Block Grant and the City of Fort Worth that all monies to Contractor hereunder shall be exclusively from monies received under said Grant and required matching funds, and not from any other monies of the City; and that if such funds under said Grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i) thirty (30) days followng&C ,y by the City to Contractor of written notice of the City's intention to terminate or (ii) hest- d laate,. 2 =17•S - 5� .: for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 5. All equipment purchased with grant funds must meet all eligibility requirements of the Local Law Enforcement Block Grant and the City of Fort Worth. Contractor shall maintain equipment purchased under this grant and use such equipment exclusively in support of this program. All equipment remains the property of the City until such time as title is received from the Bureau of Justice Assistance. Within 10 days following the end of the calendar year Contractor shall submit to City a detailed inventory of all equipment purchased with Local Law Enforcement Block Grant and City of Fort Worth funds including the date purchased, and description cost and location of each piece of equipment. It is hereby understood Contractor shall replace or repair any item of equipment used is support of this grant and/or for use under the terms of this Agreement that no longer functions or it lost or stolen, and that Contractor shall not use grant funds or City funds to repair or replace said equipment. 6. Contractor agrees to keep sufficient records to document its adherence to applicable federal regulations, along with documentation and records of all receipts and expenditures of Local Law Enforcement Block Grant and City of Fort Worth funds. All records shall be retained for three years following the termination of this agreement. City and United States Department of Justice or their representatives shall have the right to investigate, examine and audit at anytime any and all such records relating to operations of Contractor under this agreement. Upon demand by City, the Contractor, its officers, members, agents, employees, and subcontractors shall make such records readily available for investigation, examination, and audit. In the event of such audit by City and in conformity with Federal Management Circular A- 102, a single audit of all Contractor's operations will be undertaken and may be conducted either by City or an Independent Public Accountant of City's choice. Contractor, in accordance with Circular A-133, shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 7. It is understood and agreed that this contract 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. Termination will be effected by delivering to Contractor a notice of termination, specifying to what extent performance of the work under the contract. is being terminated and the effective date of termination. After receipt of notice of termination, Contractor shall: (a) Stop work under the contract on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts except as maybe necessary_ for completioaa of the work not terminated; and 3 (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination. Within thirty (30) days following the date of such termination, Contractor shall return to City any unused portion of federal or City monies distributed hereunder, 8. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant of employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, mid 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 Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. 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. CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THA T MA Y RELA TE TO, ARISE OUT OF OR BE OCCASIONED B Y(i) CONTRA CTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THIS AGREEMENT AND THE COMIN' UP GANG INTERVENTION PROJECT] OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. - — — 4 IN THE EVENT IT IS DETERMINED THAT CONTRACTOR HAS MISUSED, MISAPPLIED OR MISAPPROPRIATED ALL OR ANY PART OF THE GRANT FUNDS DESCRIBED HEREIN, CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS OR SUITS RESULTING FROM SUCH MISUSE, MISAPPLICATION OR MISAPPROPRIATION OF SUCH FUNDS. 11. Contractor shall not assign all or any part of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment of same without such prior written approval shall be void, and constitute a breach of this agreement. It is agreed that the City has the right to inspect and approve in writing any proposed lease agreements or subcontracts between Contractor and any subcontractor or sub-lessee engaged in any activity in conjunction with this grant funded project prior to any charges being incurred. 12. No member, officer or employee of City, or its designees or agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of thus paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this contract voidable by the City of Fort Worth. 13. In accordance with the policy of the Executive Branch of the federal government, 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, 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. 14. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of s ,:rare_, re igton; color, sexual orientation or national origin, nor will Contractor permit its agents, employees, subcontractors or program participants to engage in such discrimination. This agreement is made and entered into with reference specifically to Chapter 17, Article III ("Discrimination"), Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinance be either the Contractor, its agents, employees or subcontractors. 15. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees, subcontractors or program participants, then Contractor shall immediately desist from and correct such violation. Contractor promises that it will use grant and City funds strictly for those purposes and, goals intended under the terms and conditions of the Local Law Enforcement Block grant and City of Fort Worth and the attached Exhibits. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 16. Contractor covenants and agrees that in the event it fails to comply with or breaches any of the terms and provisions of this agreement, City shall have the right to declare this agreement immediately terminated, acid. City shall have no further responsibility or liability hereunder. Any such termination shall be subject to the provisions of Exhibits, attached hereto. 17. 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. 18. 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 District's right to assert or rely upon any such term or right on any future occasion. 19. 1 — �p7 N-- 6 7 " 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 the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. The governing bodies or boards of City and Contractor 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 Contractor to sign this agreement on behalf of the governing bodies or boards. 21. This written agreement constitutes that 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 hgreto have executed this 4greement in multiples in Fort Worth, Tarrant County, Texas, this 15, W day of 2004. ATTEST: CITY OF FOR RTH fy� B y: Joe ni Assi an C anager APPROVED AS TO FORM AND LEGALITY: A-[L04,0- Contract Autho ization Date 11}-1 Assista Attorney BOYS & GIRLS CLUBS OF GREATER FO WORTH B y: J e ordova sident EXHIBIT "A" Comin' Up Gang Intervention Program Objectives October 1, 2004 - September 30, 2005 1. To identify gang members in need of this program's services by seeking referrals from the police, schools,juvenile probation and the other relevant agencies and organizations, e.g. Parks and Community Services. 2. To provide extended services in seven (7) targeted areas that will attract and involve 100 gang-involved youth at each site. The targeted areas and sites are; Como: Como Community Center Diamond Hill: Diamond Hill Community Center Near Southeast: Hillside Community Center Near Southside: Panther Branch Boys & Girls Clubs Northside: Northside Branch Boys & Girls Clubs Polytechnic: Poly/Martin Branch Boys & Girls Clubs Stop Six: Caville Branch Boys & Girls Clubs 3. To assess the needs and interests of each targeted youth and develop specific plans of action to meet the needs of these youth. 4. To provide needs-focused services and activities, (i.e. academic programming, employability and job development) directly through the project, as well as through a clearly defined networked of collaborating organizations and agencies. 5. To refer family members to appropriate services, as special needs are identified while working with specific program participants. 6. To establish relationships and respect between youth from different areas and neighborhoods in the city that would otherwise interact negatively or even violently. 7. To employ seven (7) program participants (one from each site) to serve as part-time community outreach workers, to further access and dialogue with gang involved youth. 8. To support the development of truces among rival gangs as issues arise and reduce random gang violence through peer mediation and project staff involvement. 8 EXHIBIT "B" Comin' Up Gang Intervention Program Grant Based Measures October 1, 2004 - September 30, 2005 1. Identify 700 gang members to participate in the program. 2. Provide extended services for 700 participants utilizing external professional services to address the individual needs of participants. 3. Ensure minimum of 20% of participants make life-charges including: ➢ Graduating from high school ➢ Obtaining a GED ➢ Completing of a semester of college ➢ Securing a permanent job and retaining the same job for a minimum of three months. ➢ Join the U.S. Military ➢ Joined Job Corp Returned to School 4. Provide 60 inter-site activities 5. Develop 16 truces among gangs 9 ul "i..� _ Exhibit "C" COMIN'UP GANG INTERVENTION PROGRAM BUDGET Budget Period 10/1/04 — 9/30/05 Salaries Comin' Up Operations Director 37,500 Comin' Up Project Director 52,000 Prevention Facilitator 36,000 Intervention Mediator 39,000 Program Coordinators (7) avg$36,000 each 252,000 Program Assistant 26,958 Youth Develop Specialist (14) @ $9.00/20 hrs. wkly 131,040 Outreach Worker (7) @ $7.00/20 hrs. wkly 50,690 Accounting/Administration 52,000 Total Salaries $677,458 Benefits FICA 51,825 Unemployment @ 2.17% 10,226 Worker's Compensation @ 3% 20,324 Health/Life/Disability Insurance @ $280 per month 43,680 Retirement @ avg 7% 47,422 Total Benefits 173,478 Total Personnel $850,935 Professional Fees Service Providers/Consultant 4,200 hr @ $18/hr 75,600 GED/Tutoring 8hrs/wk x 7 sites x 50 wks 2hrs/wk x 7 sites x 50 wks 2hrs/wk x 7 sites x 50 wks Employee Drug Screening/Background/DVR @ $50 x 48 2,400 Prorated portion of audit 5,500 Total Professional Fees $83,500 Travel/Vehicle Maintenance/Training Vehicle Insurance 24,500 Bus Lease 2 @ $833.62 ea. per month & 2 @ $988 ea. per month 43,656 Vehicle Maintenance 19,600 Staff Training $800 avg for full time staff 20,400 Participant Travel $1.50 per youth per month 12,600 College Trips Sports Leagues (Metroplex) Community Service Projects Mediation Retreats io �� n r` Total Travel & Training $129,556 Supplies General Program Supplies @ $675 per mo 8,100 Program Supplies @ $700 per Site/Month 58,800 Art Supplies Tattoo Removal Computer Software Supplies Game Room Equip. Supplies Community Service Supplies (graffiti removal, lawn care, etc.) Classroom Supplies (books, paper, pencils, etc.) Total Supplies $66,900 Telephone Mobile Phones 5,400 Pagers 1,872 Internet Tutorial Service @ $500 per mo. 6,000 Telephone Service 9,000 Total Telephone Service $22,272 Other Postage 3,300 Occupancy/Rent 12,000 Care of Building 4,500 Liability/Accident/Occupancy 16,630 Insurance Support Service for youth 50 youth @ $350 entering employment 17,500 Support Services graduating 50 youth @ $250 12,500 from HS or obtaining GED Lease of copy machines 4,200 Fixed Asset Maintenance 3,000 Total Other $73,630 Total City Budget $1,226,793 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/12/2004 - Ordinance No. 16168 DATE: Tuesday, October 12, 2004 LOG NAME: 35LLEBG04 REFERENCE NO.: G-14542 SUBJECT: Local Law Enforcement Block Grant Programs, Year 9 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept a grant award from the U. S. Department of Justice in the amount of$311,079 for the period October 1, 2004 through September 30, 2006; and 2. Authorize the transfer of $45,495 from the FY2005 General Fund to the Grants Fund as the cash match for the Local Law Enforcement Block Grant (LLEBG) program; and 3. Authorize the transfer of $500,000 from the FY2005 General Fund to the Grants Fund for additional costs of the Comin' Up gang intervention program for the contract period; and 4. Authorize the use of anticipated interest earned in the amount of$28,000; and 5. Authorize the City Manager to execute a contract with the Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up gang intervention program; and 6. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $884,574. DISCUSSION: The 9th year of funding of the LLEBG program for Fort Worth includes $311 ,079 in federal funds, $45,495 in cash match, $500,000 from General Funds - Non-Departmental to provide additional funds for the Comin' Up gang intervention program for the current fiscal year, and an estimated $28,000 interest earned for a total of $884,574. The funds will be provided in advance with an award date of approximately October 1, 2004, and the City will have up to 2 years to expend these funds. Funds may be placed in an interest bearing account, and all accrued interest will be considered program income and must be used on LLEBG projects. These will be placed in a separate account and used for closing costs and/or equipment needed at the end of the grant. Matching funds are budgeted in the Non-Departmental, General Fund. LLEBG regulations do not allow payment of indirect costs. The following programs would be continued under the LLEBG program: Comin' Up $1,226,793 This is the City's gang intervention/prevention program, operated by the Boys & Girls Clubs of Greater Fort Worth since 1993. In order to reduce gang-related violence, this program diverts gang members into activities such as job training, counseling, GED programs, family referrals, and case management. The total funds include $301,151 directly from the LLEBG and required matching funds and $500,000 from General Logname: 35LLEBG04 Page 1 of 2 Funds, for a total of $801,151. The City will actively pursue additional federal funding for the remaining $425,642 or return for supplemental local funds. Drug Treatment Court $44,492 In 1995, the Police Department provided seed funds from the Comprehensive Communities Program (CCP) grant to Tarrant County to initiate a drug treatment court as an alternative program to incarceration. The drug treatment court targets the victims of the dealer, the drug-dependent user and attempts to break the cycle of drug abuse. Mental Health Liaison Program $10,931 The Mental Health Liaison Program was added to the disparity agreement with Tarrant County three years ago following extensive discussions. It was previously funded with awarded assets, but will be moved to matching grant funds this year due to funding restrictions and limited availability of awarded funds. These funds allow the program to provide information resources for officers on a 24/7 basis, and training for field officers. Interest Earned $28,000 All accrued interest will be considered program income and must be used on LLEBG projects. These will be placed in a separate account and used for closing costs and/or equipment needed at the end of the project. This is an estimated amount based upon interest earned in past Local Law Enforcement Block Grants. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451891 035423987000 $311,079.00 GG01 538070 0905500 $45,495.00 GR76 472001 035423987000 $545,495.00 GG01 538070 0905500 $500,000.00 GR76 441012 035423987000 $28,000.00 GR76 5VARIOUS 035423987010 $884,574.00 Submitted for City Manager's Office by: Joe Paniagua (6140) Or _inating Department Head: Ralph Mendoza (48386) Additional Information Contact: Ralph Mendoza (48386) Logname: 35LLEBG04 Page 2 of 2