HomeMy WebLinkAboutContract 32475 17iTY SFc`RETAR4`?�'L 1�
='ONTRACT 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 Paniagua, 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 an earmark grant from the Office of
Juvenile Justice and Delinquency Prevention (OJJDP)for additional support for the Comin' Up
gang intervention program; and
WHEREAS, the Boys and Girls Clubs of Greater Fort Worth proposes to a jobs skills
program as a part of the Comin' Up gang intervention project, and
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", 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 "B", attached.
2.
It is understood and agreed that in no event shall the total distributions of federal grant
funds from the OJJDP Grant made to the Contractor during the term of this agreement exceed the
total sum of$147,996. Contractor shall keep all monies granted hereunder in a specific 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 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 OJJDP monies, and such statement shall-
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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 day of the following �northti
Contractor is authorized to adjust any categories in the budget in an amount not to exceed 10%
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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, 2005, and ending on
December 31, 2006. Pursuant to OJJDP Grant regulations, all expenditures and payments must
be completed prior to February 28, 2007.
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 OJJDP Grant and
that all monies to Contractor hereunder shall be exclusively from monies received under said
Grant, 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 following delivery
by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date
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 OJJDP
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 OJJDP. Within 10 days following
the end of the calendar year Contractor shall submit to City a detailed inventory of all equipment
purchased with OJJDP Grant 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
OJJDP Grant funds. All records shall be retained for three years following the termination of this
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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 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 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.
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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 NONPERFORMANCE 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 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.
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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 void 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 sex, race, religion,
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 arid 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 Office of Juvenile Justice and Delinquency
Prevention (OJJDP) 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.
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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. 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.
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.
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IN WITNESS WHEREOF, the partie to have exec ed hi a ement in multiples
in Fort Worth, Tarrant County, Texas, thisLday of 2005.
ATTEST: CITY OF FORT R H
'Vv By:
Joe P isu
Assis nt ty 4nger
APPROVED AS TO FORM 0 �����
AND LEGALITY: h _
i�z
Contra A thorization
Date:
By: lu' XIA 6(4mj�lvkl
Ai ss Stant City Attorney
BOYS & GIRLS CLUBS OF
GREATER FORT WORTH
By: � '4 If
J rdova
r sident
Contract between the City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth
Exhibit A
1. Screen 100 gang involved youth for participation in the Job Training Initiative;
2. Select and enroll 60 gang involved youth for participation in the Job Training
Initiative;
3. Conduct object assessment of 60 participants to determine need of services and
prepare an Individual Career Plan (ICP) of services to be provided;
4. Provide pre-employment Work Maturity Skills training to 60 participants;
5. Provide Academic, technical and vocational training to 50 participants to prepare
for employment;
6. Assist participants in obtaining employment within 30 days of completing
training.
1 F
Comin' Up Gang Intervention Services
Job Training Initiative
Exbitit B
Through 9/30/2006
Cost Category Description
T5757"ie—s
Program Coordinator/Case Program Coordinator/Case Manager to assess needs of participants
Manager and work with Job Development Specialist to plan strategies to
overcome barriers 30,625
Job Development Specialist Two Job Development Specialist to recruit, provide outreach, enroll,
assess, train, evaluate and assist with case management services for
participants. Each Specialist will have a minimum of weekly contact
with each participant. annual salary$28,000 24,500
Director of Career& Prorated portion of salary working in securing job placement and job
Educational Services trainin s 6,300
Accounting/Ad ministrationAvg $550 per month 6,050
Salaries Subtotal 67,475
Fringe
FICA FICA as required by law at 7.65% of salaries. 5,141
Unemployment Unemployment as required by law at 1.75% of salaries. 1,176
Health/Life Insurance Health and life insurance coverage consistent with agency policy.
Eli ible em to ees avg cost$310 per month 6,510
Retirement Retirement consistent with agency policy 5,133
Worker's Comp Worker's Comp costs as required by law at 2,124
Fringe Subtotal 20,084
Professional Fees
Audit Fees Audit fees associated with required audit consistent with A-133. 1,833
Support Services Services to assist participant to remove barriers of employment.
Le....licenses, work attire, tools, short-term transportation @ $150 per
participant. 60 participants x$137.50+B21 8,250
Contracted Services for Contracted services for technical and vocational training at a average
Vocational/Technical cost of$5700 per student. Specialized training courses or programs
Training will be designed to emphasize employability skills within demand
occupations. $458 x 60 participants) 27,500
Professional Fees
Subtotal 37,583
Travel &Training
Mileage Reimbursement Mileage reimbursement for staff for the implementation of the project.
Estimated number of miles traveled each month is 1,200. (1,200
miles x 0.325 per mile) 4,290
Staff Training Staff participation in Employment Development training @ $450 each
825
Travel &Training Subtotal
5,115
Supplies
General Office Supplies& General Office&supplies for participants enrolled in vocational and
Vocational Supplies technical training as required by the course or program. B7 12,553
Supplies Subtotal 12,553
Other
Insurance Liability&Accident Insurance 2,933
Telephone Mobile phone for staff to maintain contact with participants from
various locations. 2,253
Other Subtotal 5,186
Tota 1 147,996
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/4/2005 - Ordinance No. 16535-08-2005
DATE: Thursday, August 04, 2005
LOG NAME: 350JJDPEARMARK2 REFERENCE NO.: **C-20883
SUBJECT:
Authorize Application for and Acceptance of an Earmark Grant from the Office of Juvenile Justice
and Delinquency Prevention for the Comin' Up Job Training Initiative; Adopt Appropriation
Ordinance; and Authorize Execution of Contract with Boys and Girls Clubs of Greater Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept an earmark grant from the Office of Juvenile Justice
Delinquency Prevention (OJJDP) in the amount of$147,996;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $147,996; and
3. Authorize the City Manager to execute a contract with the Boys and Girls Clubs of Greater Fort Worth in
an amount not to exceed $147,996, contingent upon the receipt of the grant.
DISCUSSION:
Comin' Up is the City of Fort Worth's gang intervention program and is operated by the Boys & Girls Clubs
of Greater Fort Worth. The program was established in 1993 to positively impact the lives of youth involved
in gangs by providing needs-based services and activities as part of the overall collaborative effort to
reduce the level of gang violence in the City. Comin' Up identifies gang members ages 13-24 who are in
need of services through referrals from the police, schools, juvenile probation and the other relevant
agencies and organizations.
Seldom do Comin' Up participants have the training or skills necessary to secure meaningful
employment. Typically, gang-involved youth have the highest rates for dropping out of school, have the
least appropriate employment skills and have poor work attitudes. Characteristically, gang-involved youth
lack a stable family environment, lack an attachment to school and/or community and have poor school
performance. Poverty, early parenthood, early experimentation with illegal substances and/or involvement
with the drug culture, absence of positive adult role models and limited social and communication skills are
further barriers.
To address this problem, the OJJDP earmark grant will be used to contract with the Boys and Girls Clubs of
Greater Fort Worth for the Job Training Initiative, which will provide job training and placement services;
provide social skills and work maturity training; and provide a mentoring relationship with Comin' Up
participants. The Job Training Initiative will ultimately help gang-involved youth to find employment, reduce
dependency and break the cycle of crime and recidivism.
Logname: 350JJDPEARMARK2 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, execution of the contract
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 035433042000 $147,996.00 GR76 539120 035433042010 $147,996.00
GR76 539120 035433042010 $147.996.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Cristi Lemon (4243)
Logname: 350JJDPEARMARK2 Page 2 of 2