HomeMy WebLinkAboutContract 25719 CONTRACT
NNo . 517/
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON
WHEREAS, the City of Fort Worth has received a "Juvenile Accountability Incentive
Block" grant from the Office of Juvenile Justice and Delinquency Prevention for additional
support for a variety of juvenile programs in the Police Department as well as for certain
assistance to be provided by outside personnel under contract with the City; and
WHEREAS, Lena Pope Home, Inc. proposes to provide a first offender diversion
program in conjunction with the Youth Section of the Police Department; and
WHEREAS, the City of Fort Worth and Lena Pope Home, Inc. desire to enter into a
contract and agreement whereby the said City of Fort Worth will furnish said grant funds to Lena
Pope Home, Inc. for use in the operation of said program;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City," acting by and through
Libby Watson, its duly authorized Assistant City Manager, and Lena Pope Home, Inc.,
hereinafter referred to as "Contractor," acting by and through Ted Blevins, its duly authorized
Executive Director, do hereby covenant and agree as follows:
1.
Contractor covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, a juvenile first offender program as outlined in Contractor's response
("Response") to City's Request for Proposal ("RFP"), both of which are incorporated herein for
all intents and purposes. Contractor agrees to work in full cooperation with the Youth Section of
the Fort Worth Police Department and personnel of Tarrant County Juvenile Services in the
operation of this project. At a minimum Contractor shall perform the following tasks, together
with such tasks as included in the Response and RFP:
• Hire personnel necessary to complete the operations of the project.
• In conjunction with the Youth Section conduct an assessment of eligible first
offenders to establish a counseling/treatment program.
• Prepare a treatment/counseling plan for all qualifying youth.
• Maintain a comprehensive database of youth service providers
• Maintain progress files on all participants
• Provide the City with quarterly progress reports, including statistical analysis and
anecdotal information.
• Provide the City with monthly financial reports detailing all expenditures from the
grant account
M, Ely
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2.
The maximum amount to be paid to Contractor for all services to be provided hereunder
shall not exceed $145,901. Contractor shall only look to federal grant funds for payment and
Contractor shall never have a claim to other City funds in the event grant funds are totally
expended or otherwise canceled. It is understood and agreed that in no event shall the total
distributions of federal grant funds made to the Contractor during the term of the current grant
exceed the total sum of $145,901. Contractor shall keep all monies granted hereunder in an
identifiable account designated only for these funds, and shall not commingle 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 an itemized statement of anticipated expenses.
Contractor is authorized to exceed any line item in the budget in an amount not to exceed 5% of
that particular line item without the prior approval of the City so long as the total sum of
$145,901 is not exceeded. Any other budget changes must be requested and approved in writing.
3.
The term of this agreement is for a period beginning on April 1, 2000, and ending on
March 31, 2001. This agreement is subject to renewal through an addendum to this contract if
agreed to by both parties.
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
Bureau of Justice Assistance Juvenile Accountability Incentive Block Grant; that all monies
distributed to Contractor hereunder shall be exclusively from monies received under said Grant,
and not from any monies of 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.
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. 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;
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(b) Place no further order or subcontracts except as may be necessary for completion
of the work not terminated; and
(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 monies distributed hereunder.
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
Bureau of Justice Assistance grant funds. All records shall be retained for three years following
the termination or expiration of this agreement. City, the State of Texas, the U.S. Department of
Justice, and the U.S. Comptroller General or their representatives shall have the right to
investigate, examine and audit at any time any and all such records relating to the 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.
7.
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, except for
that information which is deemed confidential through federal or state law.
8.
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, or servant of employee of City. Contractor shall have exclusive control of, and the
employee of City. Contractor 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
respondeat 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
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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 hereby assumes all liability and responsibility of the City of Fort Worth, 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 kind 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. Contractor likewise
covenants and agrees to assume responsibility for any and all injury, damage or destruction of
property of the City of Fort Worth, arising out of or in connection with all acts or omissions of
Contractor, its officers, agents, employees, subcontractors, invitees, licensees or program
participants.
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 sublessee 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,
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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 this 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, or 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 sex, race, religion,
color 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.
PROO ED
Nt
Contractor promises that it will use grant funds strictly for those purposes and goals
intended under the terms and conditions of the Juvenile Accountability Incentive Block grant. 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, and City shall have no further responsibility or liability hereunder.
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 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.
19.
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.
20.
The following provisions are added specifically for compliance with the Office of the
Governor, Criminal Justice Division, who serve as administrators for the Juvenile Accountability
Incentive Block Grant.
• Requirements of the Uniform Grant Management Standards (UGMS) promulgated
pursuant to section 783, of the Government Code are adopted by reference as part of
this contract, including the contract provision as in Section 36, Common Rule of
OMB, of the above standards.
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• Billing will be provided in the same manner as it would be provided to institutional
purchasers in the absence of a grant or in a manner consistent with other non-profit
sub-contractors for similar programs and shall consist of a brief statement of the
service or other item provided and the basis for the billing or reimbursement rate.
• Contractor shall obtain all licenses, legal certifications, or inspections required for the
services, facilities, equipment, or materials, and shall further comply with all
applicable state and federal laws and local ordinances. Failure to comply with this
requirement shall be treated as a default.
• This contract shall automatically terminate on the grant expiration date or any
extension date thereof granted by the Office of the Governor, Criminal Justice
Division and/or the Office of Juvenile Justice and Delinquency Prevention or upon
termination of the underlying grant by either party. All services billed must be
rendered within the grant period.
21.
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 have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this,.27I41ay of—1ma-V ti 72000.
(Remainder of Page Intentionally Left Blank)
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"'F NA, L PRO ED
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ATTEST: CITY OF FORT WORTH
By:
ity Secretary 3-2q-0o Libby Watson
Assistant City Manager
APPROVED AS TO FORM c 1 / . r q-3 4-
AND LEGALITY: Contract Authorization
Date
Assistant ity Attorney
Date: /L�cJt)
ATTEST: LENA P PE Home, Inc.
By:.
Ted levins
Executive Director
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Fif" TEX
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 Ted Blevins, known to me to be the same person whose name is subscribed to the
foregoing instrument,and acknowledged to me that the same was for the purposes and consideration therein
expressed,as the act and deed of Lena Pope Family Matters,and in the capacity therein stated as its duly
authorized officer or representative. /�
GIVEN DER MY HAND AND SEAL OF OFFICE this OA 31 cL day of
�®Qv
Notary Public in and for
the State of Texas
SHARON M, GRAW;2-1
Notary Public,State of Texas
My Commission Expires
11-06-2003
CNA L P CJ°'(D
STATE OF TEXAS §
COUNTY OF TA.RRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day
personally appeared Libby Watson,known 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
�,q-2 D Ci O
151- � 7_
ROSELLA BARNES
NOTARY PUBLIC
pf 1� State of Texas
of�+ Comm. Exp. 03-31-2001 Notary Public in and for
the State of Texas
City of Fort Worth, Texas
"affor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/21/00 **C-17934 1 35PROGRAM 1 of 2
SUBJECT AWARD OF CONTRACT TO LENA POPE FAMILY MATTERS FOR FIRST OFFENDER
PROGRAM - JUVENILE ACCOUNTABILITY BLOCK GRANT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract between the
City of Fort Worth and Lena Pope Family Matters to operate the First Offender Program for $145,901
under the Juvenile Accountability Incentive Block Grant program from the Texas Criminal Justice Division.
DISCUSSION:
On November 11, 1998 (M&C G-12383), the City Council approved, accepted and appropriated the
Juvenile Accountability Block Grant from the Texas Criminal Justice Division for$419,989.
As required by grant guidelines, a Juvenile Crime Enforcement Coalition was set up with
representatives from area law enforcement agencies, prosecutor's and probation offices, the hospital
district, area businesses and organizations, as well as the Fort Worth Independent School District. To
avoid duplication, it was decided to establish one coalition for all grants in the county. The Police
Department met with Tarrant County Juvenile Services, area service providers and other law
enforcement agencies in the area to fund a county-wide juvenile sex offender program for $234,088,
provide funds in the amount of $40,000 for the juvenile fingerprinting program and fund a first offender
program for $145,901. Other eligible police departments within Tarrant County de-obligated their funds
to Tarrant County Juvenile Services for the juvenile sex offender project.
The Police Department had previously applied for state grant funds to initiate a juvenile first offender
program, but to date has not been successful in securing these scarce funds. The Juvenile
Accountability Incentive Block Grant will be able to provide sufficient funds for a pilot program in the
amount of $145,901. The First Offender Program will provide for the counseling and treatment of
juveniles from ages 10 to 16 who have committed a minor criminal offense for the first time, and have
come to the attention of the police department's youth section.
As required by law, the Tarrant County Juvenile Board approved the first offender program on July 8,
1999. A Request for Proposal was developed and submitted to Purchasing seeking bids from area
service providers. After review and evaluation of the submitted proposals, Lena Pope Family Matters
was selected. Lena Pope Family Matters will use a treatment plan of individual and family counseling,
responsibility training, communication skills enhancement and self-esteem building. According to Lena
Pope Home, Inc., Family Matters has provided family preservation services to the Tarrant County
Juvenile Services Department since 1992, with a current success rate of 92% in reducing the
placement of children to the Texas Youth Commission.
City of Fort Worth, Texas
"Adair And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/21/00 **C-17934 1 35PROGRAM 2 of 2
SUBJECT AWARD OF CONTRACT TO LENA POPE FAMILY MATTERS FOR FIRST OFFENDER
PROGRAM - JUVENILE ACCOUNTABILITY BLOCK GRANT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
LW:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 / AOVF�
Originating Department Head: CIT 1 COUNCIL
Ralph Mendoza 4-8386 (from) MAR 21 2000
GR76 539120 035202552010 $145,901.00 �1
Additional Information Contact: �`�'..'`-'
city SecretuT of the
Ralph Mendoza 4-8386 city of Fort Worth.Tom.•,