Loading...
HomeMy WebLinkAboutContract 48239 CITY SECRETAV CONTRACT AGREEMENT FOR COMMUNITY BASED PROGRAM Artes de la Rosa FISCAL YEAR 2017 In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and Artes de la Rosa, a Texas private non-profit corporation ("Contractor") acting by and through Adam Adolfo, Artistic Director, its duly authorized representative. RECITALS WHEREAS, City has determined that Community-Based Programs are necessary to support crime prevention in City during Fiscal Year 2017 to meet one or more of the Crime Control and Prevention District ("CCPD") goals, which are (1) to support efforts to reduce violent crime and gang-related activities through enhanced enforcement activities and crime prevention programs, (2) to support efforts to increase the safety of residents and to decrease crime throughout Fort Worth neighborhoods, and (3) to support efforts to increase the safety of youth and reduce juvenile crime through crime prevention and intervention programs; and WHEREAS, Contractor has agreed to operate a Community Based Program called Artes Academy, which will support the police department's, crime prevention efforts throughout the community; and WHEREAS, City desires to enter into an agreement with Contractor to operate the Artes Academy; and WHEREAS, City, as consideration for the performance of Contractor, has appropriated monies in the CCPD Budget as reimbursed by the CCPD in the amount of$13,149.07 ("Program Funds") to provide to the Contractor for the operation of the Artes Academy; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Agreement between City and Contractor 2. Exhibit A—Proposal Abstract and Narrative 3. Exhibit B—Budget 4. Exhibit C—Request for Reimbursement 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report 7. Exhibit F—Request for Budget Modification (OFFICIAL REGORI FY 2017 Community Based Program r Artes dela Rosa �R7Y 5F.CRE 111' Page of 13 FT.WWI Ha IIX Exhibits A through F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A through F and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement control. DEFINITIONS The term"City" shall include City, and its officers, agents, employees, and representatives. The term"Contractor"shall include Contractor, and its officers, agents,employees, representatives, servants, contractors, and subcontractors. The term"Party"shall refer to either City or Contractor. The term"Parties" shall refer to both City and Contractor. AGREEMENT 1. Responsibilities of Contractor. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "A" = Proposal Narrative. Contractor shall be responsible for day-to-day administration of the Artes Academy. Contractor agrees to expend the Program Funds in accordance with the Budget as described in Exhibit"B". Program activities shall be reported in accordance with Exhibit"D"- Program Activities Report and effectiveness measures shall be reported in accordance with Exhibit "E"- Program Effectiveness Measures Report. 2. Program Funds. 2.1 In no event shall the total distribution from City made to the Contractor during the Term of this Agreement exceed$13,149.07 ("Program Funds"). 2.2 Payment of the Program Funds from City to Contractor shall be made on a cost- reimbursement basis following receipt by City from Contractor of a signed Request for Reimbursement (RFR), as described in Exhibit "C" along with copies of all receipts and other supporting documentation. Contractor shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measures Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by the Contractor or duly authorized officer of the Contractor. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15'h day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. The monthly RFR,with an original signature by an authorized representative, must be submitted FY 2017 Community Based Program Artes de la Rosa Page 2 of 13 to the Grants and Program Management Section of the Fort Worth Police Department, ATTENTION: Program Support Division,Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report from the Contractor. Additionally, a quarterly Program Effectiveness Measurement Report from Contractor is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 2.3 Contractor is authorized to modify up to five (5)percent of any budgeted line-item in the original approved budget without prior written permission from City. However, Contractor must submit the Request for Budget Modification Form (Exhibit "F") to City, with the monthly RFR,during the month the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5)percent of any budgeted line-item in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be approved by City,before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit"F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved,the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3,2.4. and 2.5. Budget adjustments shall be submitted to the Program Support Division of the Fort Worth Police Department at Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas,76115. 3. Term. This Agreement shall commence upon October 1, 2016(`Effective Date"), and shall end on September 30, 2017 ("End Date"). All of Contractor's expenditures under this Agreement must be completed no later than September 30,2017. 4. Program Performance. 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." FY 2017 Community Based Program Artes de la Rosa Page 3 of 13 4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit"E,"respectively. The Program Activities and Effectiveness Measures shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measures shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include description of any realized successes. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 Contractor agrees that the monthly Request for Reimbursement and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15th day after the end of each month. Should Contractor not meet these requirements, Contractor will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, Contractor has not submitted the required reports, City will send a non-compliance letter notifying Contractor's duly authorized representative of a possible suspension of program funding. 4.4 A representative of the program shall attend quarterly meetings of the Crime Control and Prevention District Board as requested. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not received prior to the execution of this contract by the parties, in whole or in part, City may, at its sole discretion,terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of payments herein agreed upon for which funds have been appropriated. 5.3 The City may terminate this Agreement at any time and for any reason by providing the other party with thirty(30) days' written notice of termination. 5.4 Termination will be effected by delivering to Contractor written notice of termination. Upon Contractor's receipt of notice of termination, Contractor shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; FY 2017 Community Based Program Artes de la Rosa Page 4 of 13 (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated; (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.5 In the event City suspends or terminates this Agreement, Contractor expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs and attorney's fees. 5.6 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any property provided hereunder. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City. Contractor shall maintain all equipment used in the administration and execution of the Artes Academy program. Contractor shall maintain, replace or repair any item of equipment used in support of the Artes Academy program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement or repair of any equipment used in support of the Artes Academy program and/or for use under the terms of this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds to repair or replace said equipment. Contractor shall use any and all equipment purchased with Program Funds exclusively in support of the Artes Academy program. Within 10 days following the purchase of equipment, Contractor shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grants and Program Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 Contractor agrees to keep sufficient records to document its adherence to applicable Iocal, state, and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of Contractor under this Agreement. Contractor, its officers, members, agents, employees, and subcontractors, upon demand by City, shall make such records readily available for investigation,examination,and audit. In the event of such audit by City, a single audit of all Contractor's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. Contractor shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. FY 2017 Community Based Program Artes de la Rosa Page 5 of 13 7.2 If any audit reveals a questioned practice or expenditure, City shall notify Contractor as soon as reasonably practical. Contractor shall have fifteen (15) days to provide City with a written explanation and any supporting documentation regarding the practice or expenditure. If Contractor fails to resolve or cure the questioned practice or expenditure, to the City's satisfaction, within the fifteen (15) day period, , City reserves the right to withhold further Program Funds under this and/or future agreement(s)with Contractor. 7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied or misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty, or other charge levied against City because of such misuse, misapplication or misappropriation. This section shall survive the expiration or termination of this_allreement. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. The closeout requirements shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, and disposing of Artes Academy assets as appropriate, if deemed required by the City in its sole discretion. 7.5 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 work to be performed by Contractor under this Agreement and City shall have access at all reasonable hours to offices and records of Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 8. Independent Contractor. 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, or servant or 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 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. No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by City on behalf of Contractor. Contractor shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, or invitees of Contractor, and any program participants hereunder are not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan provided by City. It is expressly understood and agreed that FX 2017 Community Based Program Artes de la Rosa Page 6 of 13 City does not have the Iegal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. 8.2 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. 9. Liability and Indemnification. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES IIARMLESSAGAINSTANYAND 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) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONTRACTOR'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 THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LABILITY 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, NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by Contractor shall be effective without City's prior written approval. FY 2017 Community Based Program Artes de la Rosa Page 7 of 13 11. Prohibition Against Interest. 11.1 No member, officer or employee of City, or its designees or agents; no member of the governing body of the locality in which the Artes Academy program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Artes Academy program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee, member, or program participant of Contractor shall have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to 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 Agreement voidable by City of Fort Worth. 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment, advancement, or discharge of employees, in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, statutory requirement,or statutory or ordinance exception. 12.2 Contractor will not unlawfully discriminate against any person or persons because of age,race, color,religion, sex, disability,national origin, or sexual orientation,nor will Contractor permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM. This section shall survive the expiration or termination of this Agreement. 13. Compliance. 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all FY 2017 Community Based Program Artes de la Rosa Page 8 of 13 ordinances,rules and regulations of City. If City calls to the attention of Contractor in writing to any such violation on the part of Contractor or any of its officers, members, agents, employees, subcontractors or program participants, then Contractor shall immediately desist from and correct such violation. 13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of Contractor in writing 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. 14. Governmental Powers. It is understood that by execution of this Agreement,the City does not waive or surrender any of it governmental powers. 15. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption(statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 16. Insurance Requirement. 16.1 Coverages and Limits. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: (a) Commercial General Liability (CGL): $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a$1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and$100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interest of the City. 16.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. FY 2017 Community Based Program Artes de la Rosa Page 9 of 13 16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 16.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16.5 The commercial general liability policy shall name the City as an additional insured thereon, as its interests may appear. 16.6 A minimum of Thirty(30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non- payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102,with copies to the City Attorney at the same address. 16.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 16.8 Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 17. Miscellaneous Provisions. 17.17he 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. 17.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 17.3 Should any action,whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement, venue for said action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.. 17.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion,resolution or action passed or taken,to enter into this Agreement and to perform the responsibilities herein required. FY 2017 Community Based Program Artes de la Rosa Page 10 of 13 17.5 This written instrument and Exhibits A through F constitute the entire agreement between the parties 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. 17.6 Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each Party. .17.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. 17.8 The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 17.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 17.10 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor and are not intended to create any rights, contractual or otherwise,to any other person or entity. 17.11 Contractor certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501(c)(3)tax-exempt status during the term of this Agreement. 18. Notice. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S.Postal Service certified mail,postage prepaid,to the address of the other party shown below: CITY: Valerie R.Washington,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 FY 2017 Community Based Program Aries de la Rosa Page 11 of 13 Copies To: Brittany Taylor Grant and Program Management Bob Bolen Public Safety Complex 505 West Felix St. Fort Worth,TX 76115 CONTRACTOR: Adam Adolfo Artes de la Rosa 1440 North Main Street Fort Worth,TX 76164 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] FY 2017 Community Based Program Artes de la Rosa Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth,Tarrant County,Texas,to be effective this day of ,2016. APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITI Y�jO�F,FORT WORTH ART S DEaROS Valerie R. Washington /Ad , Adolfo Assistant City Manager L<Artistic Director Date: Date: < ,? ✓�G��� APPROVED AS TO FORM AND LEGALITY FOR ARTES DE LA AP V RE DED ROSA L Joel F.Fitz erald Artes de la Rosa Attorney Chief of Pol9ice Q+ // Date: < D 417 Date: APPROVED AS TO FORM AND ATTEST LEGALITY FOR CITY OF FORT 004 WORTH %01 ary J.Kayse o� off, -_ City Secretary o 009 o Ann P to `/� u Assistant City Attorney Date: 14/011-c/' Date: M&C No.NOT REQUIRED 1295 CERTIFICATION: Lif OFFICIAL RECORD FY 2017 Community Based Program �.' EECRETARy Aries de la Rosa ge 13 of 13 F�'a dVORTH,TX Exhibit A Program Abstract and Narrative PROGRAM ABSTRACT Artes Academy is Artes de la Rosa's award winning Arts Education program that takes at-risk youth off the street, turning therm away from a life of crime, and giving them positive role models by offering them healthy, positive alternatives through the arts. Visual arts, dance and drama provide experiences that can open a world of opportunities for these youth. The arts are a way to build a child's self-esteem and self-awareness creating a positive self-image which is a crucial defense to negative influences our youth encounter in their everyday life. The arts overall stimulate the creative thinking process, and creative thinking youth grow up to be creative thinking adults who serve as positive role models and contributing citizens in the community. Research has shown that if at-risk are going to find trouble, it will be in the hours after school, when they're idle and alone and have little to do. Without positive role models or healthy activities, youth in impoverished neighborhoods may turn to drugs, gangs, and crime. Local communities must find ways to help take at-risk youth off the street. Artes Academy addresses this need with its program that serves low-income families from diverse backgrounds that are looking for inspiration and receive it through teaching artists who engage youth through a wide range of dance,theatre, and visual arts to the participating children, daily after school at Artes de la Rosa's home, The Rose Marine Theater, which is nestled in the middle of a historically underdeveloped community. Artes de la Rosa's ARTES ACADEMY RFP—16-0215 Proposai Abstract Page 1 PROPOSAL NARRATIVE: Artes de la Rosa, through the use of the arts, namely drama, dance, visual arts, and photography, help youth develop a concept of self, human relationships, respect, and the environment of the community around them; In this way, we are changing our kids' lives "Drama"tically. Artes Academy helps educate, challenge, and find engaging artistic activities for youth. Focusing on the arts can motivate both students and their parents to get involved and help develop community pride. Searching out local talent such as actors; playwrights, dancers, and artists to serve as instructors is a way to encourage positive interactions and inspire respect for one's self and community, These are instructors who care about the future of the arts in our community and our youth. They are able to communicate a passion and respect for life through their artistry. The performing arts develop talent and self-esteem among the participating youth that has lasting ramifications on a student's future. Artes Academy annually sees between 85 and 140 individual unique students ranging from 8 years of age all the way to 18 years,The program is open to any student in Fort Worth but Artes de la Rosa does focus a good amount of its recruitment resources on students from Title 1 schools. The majority of our students are middle school aged and come from a low/mod economic background as set forth by the Department of Housing and Urban Development (HUD). Because of the Rose Marine Theater's District 2 location, it would be easy to believe that our primary clients come from this neighborhood and its adjacent communities, but.our students come from all over the city of Fort Worth for this program's originality and accessibility. Similar programs by other arts organizations offer programing that.cost hundreds of dollars and are frequently, out of the reach of the students who most need access to after school positive opportunities like those that explore the arts. Artes Academy is designed to cater to this specific clientele. The majority of our program participants are at a low to low/moderate income level, making it vital for the program to remain free for students who cannot afford it and still affordable for those who might be able to pay something. This core value means that it is imperative for us to get funding from foundations to help our award-winning programs remain at no cost to the students in most desperate need. A big problem that contributes to juvenile crime is unsupervised activities in the after- school hours. A time traditionally seen to provide ample opportunity for risky behavior in drug use, gang affiliations, and even violence, our program beautifully addresses this problem by Artes de is Rosa's ARTES ACADEMY RFP—16-0215 Proposai Narrative Page 1 giving families a resource to utilize, keeping youth off the streets and making them become active participants in the community. This support system that is created helps increase safety for our youth by serving as a preventative deterrent for risky behavior. While we do not think of ourselves as childcare workers, the reality is that many parents have come to rely on this program as a means to allow time to get off from work and pick up their children.This is particularly true of the single parent families we involve. Having meaningful, engaging activities that inspire through the arts are important to keeping kids safe. Our youth can have not only a safe haven to go when school's out, but something meaningful to do once they get here. Programs like Artes Academy are proven solutions to the stubborn urban problems of crime, drugs and violence. The juvenile engagement that arts programing provides cultivates students who are creative thinkers, team players, and articulate individuals capable of more thoughtful leadership. We do this by using elements of drama and conventions of theater to create a safe place for open dialogue as they come to define their own beliefs, goals, and aspirations. The empowerment that comes with working collectively with one's peers in the arts breeds a generation of young individuals skilled with cultivating strong problem solvers,productive social opportunities, and engaging the community around them developing healthy attitudes to potentially harmful situations, including violence, drug use,and risky behavior. Artes Academy teaches students how to work as a team, while helping them tackle shyness and giving them a sense of ownership and pride for the production they create. It teaches the participants life skills that will help them no matter what field they decide to pursue, and gives them the confidence to pursue it. In the fall of 2013, Artes Academy expanded from exclusively working in Theatre & Creative Writing to include dance providing students the opportunity to not only to explore various styles of dance and movement, but also providing a health alternative that is not expressly a goal but is most definitely a positive by product. By getting our students up and moving in energized and creative ways, this artistic program is now also raising discussions on health and wellness. Subconsciously the program is shedding light on the increasing child obesity statistics of our culture. This past fall, Artes Academy took its next step in its evolution by adding a visual arts class to its roster. In this class students work with a professional artist in cultivating the basics of visual arts beginning with basic figure drawings while also learning techniques of shading, force perspective, and composition. Plans are currently being drafted to Artes de la Rosa's ARTES ACADEMY RFP—16-0215 Proposai Narrative Page 2 add digital photography and there is hope to eventually add music classes to the roster of Artes Academy as well. The curriculum explored in Artes Academy classes is developed to coincide with the Texas Essential Knowledge and Skills (TEKS). In our on-going after-school arts program, we work with all children to develop a concept about self,human relationships, and the environment using elements of drama and conventions of theater—which is a major tenant of the TEKS for most grade levels, We have them do this by reacting to sensory and emotional experiences on stage by acting in various parts and drawing emotions for these parts from their own personal experiences. They also develop human relationships with each other,other parents,teachers, and guest artists. Further, we have students interpret characters by using the voice and body expressively, and we have them help plan their plays through cooperating with professionals in areas such as stage design, costuming, play selection, and interpretation of roles (a tenant also seen in the TEKS). At every age, students develop critical-thinking skills to organize and develop their performances. As children age with the program,more is expected of them. Their work gets more detailed, as the TEKS standards suggest, While discussing community development, our organization has used every opportunity to partner with other community arts organizations. The opportunity to expose the children and their family to the arts through collaborations with organizations like the Van Cliburn, the Fort Worth Opera, The Fort Worth Symphony Orchestra, and the Fort Worth Contemporary Music Fund has been fruitful and energizing, Many of these organizations have provided free performances at the theater for the community and some have even provided special workshops for students .of Artes Academy. These opportunities can be crucial in the development of stronger more well informed youth as they struggle with risk factors from the outside world. Youth at risk of negative influences (through gangs, truancy, etc) and substance-abuse (alcohol, drugs) are everywhere and in all neighborhoods but none more prevalent than those in economically disadvantaged communities, The risk is increased in families tacking responsible adult observation,particularly after school where lack of supervision is at its highest. In addition to delinquency, aggressive or violent behavior and substance abuse, youth living in low-income, diverse areas wrestle with the additional factors of living with families dealing with poverty, hunger, language, and cultural barriers. It is because of these factors, that Artes de la Rosa continues this program with special emphasis on Title 1 schools. As a major organization Artes de la Rosa's ARTES ACADEMY RFP—1b-0215 Proposai Narrative Page 3 contributing to the spirit of our community, Artes de la Rosa's commitment to Artes Academy is about far more than arts education,it is about community engagement and development. Created following the traditional school year model, Artes Academy has a spring and fall semester and then offers a 3 week production intensive during the summer, similar to more traditional day camps. In 2017, a secondary week long summer camp and week-long spring break camp focusing on digital photography will join the list of arts related classes. The addition of these 2 classes is to help curb additional times when juvenile supervision has been difficult. Our program defines success by our ability to reach our organizational goals. One of the outlined goals that we will measure is to offer educational art/culture programs to the youth of our community with focus on at-risk youth in low-income neighborhoods. Through forms provided by HUD, we are able to define the success of this goal. Additional goals are to encourage and educate youth in the artistic experience through creative arts activities in class and performance. By using TEKS set forth by the state, we are able to achieve this. Basic attendance helps us define that we are meeting that goal. We regularly measure our success at reaching this goal through a system of questionnaires that ask questions targeted to quantify program enjoyment, attentiveness of staff to individual student's needs, and increased leadership capacity such as new communication skills, ability to work as a team, and self-confidence. Previously, we have quantified our success through a grading system with a few outlined examples follow: ® 95%participant response via questionnaire indicating they enjoyed the classes on a level 4 + 95%participant response via questionnaire indicating they grew in confidence through the classes on a level 4* + 100%of participants learned new theater skills outlined in TEKS standards, such as vocabulary terms and acting technique at a level 4* + 51%of participants are from low to moderate income households as defined by HUD standards(measured on a monthly basis) *Level 4 indicates they strongly agree with these statements Beyond questionnaire results,the program's outcome has been extremely effective, and is a model of personal achievement through the arts, since we have seen an almost 100% of our participants matriculate to the next grade. This standard is especially high for an extra-curricular activity targeting underserved,minority students in an economically emerging area. There are plenty of recreation programs for youth at-risk, but few offer consistent, affordable, high-quality arts programming like Artes Academy who offer's scholarships to any Artes de la Rosa's ARTES ACADEMY RFP—16-0215 Proposai Narrative Page 4 youth whose family qualifies at the low or low/moderate income status set forth by HUD. Part of what makes Artes Academy truly unique is that it is a proven model of success on a national level. The program was recognized by The White House as an after school program that is based in the arts cultivating not artists,but upstanding citizens, in a creative and engaging environment. Now known as the National Arts and Humanities Youth Program Award, The Coming Up Taller Award was given to Artes de la Rosa in 2006 to honor the exemplary work the Artes Academy program was doing to foster young people's intellectual and creative development. Programs recognized by these awards provide opportunities for American youth to contribute to their communities through learning and practical experiences in the humanities and arts endeavors. Developed in 2003, Artes Academy has been part of the Artes de la Rosa programming year since its inception. It is part of the vital fabric of the organization and is crucial to the mission. The organization continues to .grow and evolve with the staff and board of directors continuously fundraising for its continued health and success. They recognize a central component to annual fundraising efforts in relation to Artes Academy. Grants are a crucial portion of that fundraising process and Artes de la Rosa is consistently attempting to diversify the fundraising streams. Funds from CCPD would allow Artes de la Rosa to not only go into 2017 with a stronger footing but allow for the growth of the program. While our program is not new,we aim to keep the program engaging and innovative.This led previously to the addition of the visual arts program. Plans are currently being made to include digital photography to the program. This would be an exciting addition to the already engaging classes that our students have the opportunity to participate in. Unlike dance or theatre however, this particular class comes with additional upfront costs that are major investments, most notably in the form of camera's and computers. Artes de la Rosa has applied once before on behalf of the Artes Academyprogramming but has not previously received funding from the Crime Control and Prevention District. Artistic Director Adam Adolfo has said that programing like this is crucial to the future of many of these students, offering, "It's better to put a paint brush in a child's hand, rather than that hand finding a gun." Artes de la Rosa's ARTES ACADEMY RFP--16-0215 Proposai Narrative Page 5 Exhibit B Budget i a D�s gn BUDGET SUMMARY Amount Requested A. Direct Personnel $ 13,149.07 B. Direct Fringe Benefits $ 0 C. Direct Travel $ 0 D. Direct Equipment $ 0 E. Direct Supplies $ 0 F. Direct Contracts/Consultants $ 0 G. Indirect Cost up to 10% $ 0 TOTAL $ 13,149.07 BUDGET DETAIL A. Direct-Personnel Name Position Rate of Pay x#of Hours Cost Requested 49.68%Support Teaching Artist 1 Visual Arts $30.10 hr x 330 hours $9,933 $ 4,934.71 Teaching Artist 2 Writing/Theatre $30.10 hr x 330 hours $9,933 $ 4,934.71 Teaching Artist 4 Dance $20.00 hr x 330 hours $6,600 $ 3,279.65 TOTAL Personnel $26,466 $13,149.07 B. Direct-Fringe Benefits Name Position . Description of Benefits Cost TOTAL Fringe Benefits $0 C. Direct-Travel Purpose of Travel Location Item Cost TOTAL Travel $0 D. Direct-Equipment Item Cost per Item Quantity Cost TOTAL Equipment $0 E. Direct-Supplies Item Cost per Item Quantity Cost TOTAL Supplies $0 F. Direct-Contracts/Consultants Description of the Service Cost TOTAL Contracts/Consultants $0 G. Indirect-Personnel Name Position Rate of Pay x#of Hours Cost TOTAL Personnel $0 H.Indirect—Fringe Benefits Name Position Description of Benefits Cost TOTAL Fringe Benefits $ 0 I. Indirect-Other Costs Item Cost per Item Quantity Cost TOTAL Other Cost $0 BUDGET NARRATIVE A. Direct—Personnel; The cost of personnel is calculated hourly. Each listed personnel all have direct contact hours with the students starting with as few as 60 hours and as many as 330 `teachable' hours in a year. In addition to those teaching hours are production (or performance) planning hours, performance hours, registration,community outreach,and even recruitment hours.It is important that we stay competitive and utilize local working artists to serve as examples of success stories in the arts.The updated hourly rates come after the Board of Directors adopted a pay scale for instructors commiserate with experience and training. B. Direct—Fringe;No fringe provided. C. Direct—Travel;No travel needed. D. Direct—Equipment; E. Direct—Supplies; F. Direct-Contracts/Consultants; G.Indirect Cost up to 10% H. Indirect Cost—Personnel;Indirect Cost—Fringe Benefits; I. Indirect Cost—Other Costs; Exhibit C Request for Reimbursement F�0R�WORTH. Request for Reimbursement(RFR) CRIMECONTROL AND PREVENTION DISTRICT' FY 2017 Submit To: Submitting Agency:Aries de In Rosa Cultural Center for the Arts Bob Bolen Public Safety Complex Contact Name:Adam Adolfo Attn:Brittany Taylor Phone Number: 817-624-8333 Program Support Division Email: Adam.AdolioiMarlesdelaroso.ora 505 West Felix St. Remit Address: 1440 North Main St.Fart Worth,TX 76164 Fort Worth,TX 76115 Invoice Number: Month of Request: DIRECT COSTS(90%Minimum) A B C D E Totalor PreviousB+C A-D Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Babmce Requested Request To-Date Available A Personnel ( S13,t49.07 S S13,149.07 B Fringe Benefits - --------- - C Travel&Training .- --_.. - - ( IS _ - :--_.-I S D lEquipment I is is - - E Supplies �__ I- - --_ - F ConlractstConsultants - TotaiDirect Costs S -: 13;149.07 $ S S S 13149.07: INDIRECT COSTS(10%Maximum) A-- B•-- -C - -D E Total orPrevious This Month's Request B+C A-D) Reimbursements Rt ques Budget Category I Budget Amount Total Requested Remaining Hahmce Requested To-Date AYRilable A Personnel Is S - - B Fringe Benefits Is - Is- - C Travel&Training - Is - Is - -._ D Equipment Is _ I S: E Supplies IS; - _ ,_'$- F Contracts/Consultants [s _ --- - Is - TotalInDirectCosts S is is is.-` - Supporting documents required with monthly requests. Summary: This includes,timesheets depicting CCPD funded activities, Total Budget: S 13,149.07 copy of paychecks,invoices and receipts detailing all CCPD Previous Requests: S fiwded expenditures. - This Request: S Total Requested To-Date S Remaining Funds S 13,149.07 I have reviewed this request and certtfy that these listed expenses and support documentation are accurate. Authorized Signatory Signatory Title Date Fiscal Agent Use Only PuichaseOrderM- - - .:...Fund- - .De, -.:. Acwisnr -.. RFR Apprond ForPayineut Grant Staff Signature Date 1 Finance Received Stamp Placed Below Exhibit D Program Activities Report f_0`TWORTH CRIME CONTROL &PREvENTioN Dan= Fiscal Year 2017 Monthly Program Activities Report Current Reporting Month Submitting Agency Artes de la Rosa Cultural Center for the Arts Contact Name Adam Adolfo Phone Number and Email 817-624-8333/adam.adolfo@artesdelarosa.org Remit Address 1440 North Main St.,Fort Worth,TX 76164 Activity Current To Date Year - - Month Total End Total Goal 1 Fall semester classes (Theatre, Dance, &Visual Arts)—4 days a week/8 hours per week for 14 weeks. 52 2 Spring semester classes(Theatre, Dance, &visual Arts) -4 days a week/8 hours per week for 14 weeks. 48 3 Summer 1 semester(Theatre, Dance, Writing&Visual Arts)—5 days a week/25 hours per week for 3 weeks. 75 4 5 6 7 8 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Exhibit E Program Effectiveness Measurement Report F� - CRIME CONTROL &PREVErmoN DimicT Fiscal Year 2017 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Artes de la Rosa Cultural Center for the Arts Contact Name Adam Adolfo Phone Number and Email 817-624-8333/adam.adolfo@artesdelarosa.org Remit Address 1440 North Main St.,Fort Worth,TX 76164 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Enrollment of 90 youth to the Artes Academy Program. Outcome Measure 2 70% or higher of the students enrolled will reach a level 4 or higher of self-confidence in public speaking. Outcome Measure 3 70% or higher of the students enrolled will increase social and leadership skills. Outcome Measure 4 55% of higher of students enrolled will exhibit an increase level of self-control. Outcome Measure 5 Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals setforth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: 1"Quarter(Oct-Dec)due January 15 2nd Quarter(Jan-Mar)due April 15 3`d Quarter(Apr-June)due July 15 4th Quarter(Jul-Sep) due October 15 Exhibit F Request for Budget Modification FORT, OIPWATH CRIME CONTROL &PREVENTION DISTRICT • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval . • Modifications cannot be made between Direct and Indirect costs Exhibit F Request for Budget Modification Fiscal Year 2017 Date Submitting Agency Artes de la Rosa Cultural Center for the Arts Contact Name Adam A o o Phone Number and Email 817-624-8333 adam.adolfo@artesdelarosa.org Remit Address 1440 North Main St., Fort Worth,TX 76164 - - _ DIRECT COSTS 90%minimum - - _ Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Program Services Travel and Training Other Approved Total Direct Costs INDIRECT COSTS 10% maximum' Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Operational Services Travel and Training Facilities&Utilities Other Approved Total Indirect Cost§ IVlodificatzon Narrative(describe in.detail what ch I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY E3 Modification Approved QModification NOT Approved FWPD Staff Signature Date