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HomeMy WebLinkAboutContract 48524 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § COUNTIES OF TARRANT, WISE § AND DENTON § BOYS & GIRLS CLUBS OF GREATER FORT WORTH SAFE HAVEN YOUTH PROGRAM—MARTIN This Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Valerie R. Washington, its duly authorized Assistant City Manager, and Boys & Girls Clubs of Greater Fort Worth, ("BGCGFW") acting by and through Daphne Barlow Stigliano,it duly authorized President. RECITALS WHEREAS, City has determined that Safe Haven Youth Programs are necessary to support the City's commitment to crime prevention throughout the City.The Safe Haven Youth Programs will enhance the prevention focus previously adopted by the police department, support the community, and provide a secure environment for children; and WHEREAS,BGCGFW has agreed to operate a Safe Haven Youth Program which will provide a secure environment in which children can receive educational tutoring assistance;and support the adoption of a prevention focus by the police department and the community; and WHEREAS, City desires to enter into an agreement with BGCGFW to operate the Safe Haven Youth Program at their Martin Community Center("BGCGFW SITYP"); and WHEREAS, City, as consideration for the performance of BGCGFW, has appropriated monies in the Crime Control and Prevention District("CCPD")Fund Budget in the amount of$307,015.00("Program Funds")to provide to BGCGFW for the operation of the BGCGFW SITYP; NOW,THEREFORE,in consideration of the mutual covenants herein expressed, the parties agree as follows: PM AGREEMENT DOCUMENTS o U% The Agreement documents shall include the following: Q; 0 00 EC2g Oo 1. This Agreement for the BGCGFW SITYP r- ,j; 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report 7. Exhibit F—Request for Budget Modification Exhibits A through F, which are attached hereto and incorporated herein, 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 set forth in the body of this Agreement shall control. DEFINITIONS The term "City" shall include City, and its officers, agents, employees, and representatives. The term "BGCGFW" shall include BGCGFW, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "Party" shall refer to either City or BGCGFW. The term "Parties" shall refer to both City and BGCGFW. AGREEMENT 1. Responsibilities of BGCGFW. BGCGFW 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"—Scope of Work. BGCGFW shall be responsible for day-to- day administration of the BGCGFW SITYP. BGCGFW agrees to expend the Program Funds in accordance with its BGCGFW SITYP budget, described in Exhibit "B" — Budget. Program activities shall be reported in accordance with Exhibit"D" Program Activities Report and effectiveness measurements shall be reported in accordance with Exhibit"E"Program Effectiveness Measurement Report. 2. Program Funds. 2.1 In no event shall the total distribution from City made to BGCGFW during the term of this Agreement exceed the total sum of$307,015.00 ("Program Funds"). 2.2 Payment of the Program Funds from City to BGCGFW shall be made on a cost-reimbursement basis following receipt by City from BGCGFW of a signed Request for Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support documentation. BGCGFW shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 2 of 13 described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by BGCGFW or duly authorized officer of BGCGFW. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Submit the monthly RFR with an original signature by an authorized representative to the to the Grants and Program Management Section of the Fort Worth Police Department, ATTENTION: Contract Compliance Specialist, 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. Additionally, a quarterly Program Effectiveness Measurement Report from BGCGFW 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 BGCGFW 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,BGCGFW must submit the Budget Modification Form(Exhibit"F")to City, with the monthly RFR, in the month when 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 any budget 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 cannot 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 any budget 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 cannot 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. The Budget Modification Form (Exhibit "F") shall be submitted to the Grants and Program Management Section of the Fort Worth Police Department, BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 3 of 13 ATTENTION: Contract Compliance Specialist 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 BGCGFW's expenditures under this Agreement must be completed no later than September 30, 2017. 4. Program Performance. 4.1 BGCGFW agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 BGCGFW 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 Measurements 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 Measurement 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 any successes realized in descriptive detail. 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 BGCGFW agrees that the monthly RFR 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 BGCGFW not meet these requirements, BGCGFW will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, BGCGFW has not submitted the required reports, City will send a non-compliance letter notifying BGCGFW's duly authorized representative of a possible suspension of program funding. 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 BGCGFW 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 BGCGFW under or in connection with this Agreement. BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 4 of 13 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 BGCGFW 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 BGCGFW a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon BGCGFW's receipt of notice of termination, BGCGFW shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (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, BGCGFW 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, BGCGFW shall return to City any property provided hereunder. City will have no responsibility or liability for BGCGFW'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. BGCGFW shall maintain all equipment used in the administration and execution of the BGCGFW SITYP. BGCGFW shall maintain, replace, or repair any item of equipment used in support of the BGCGFW SITYP 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 BGCGFW SITYP and/or for use under the terms of this Agreement is the sole responsibility of BGCGFW. BGCGFW shall not use Program Funds to repair or replace said equipment. BGCGFW shall use any and all equipment purchased with Program Funds exclusively in support of the BGCGFW SITYP. Within 10 days following the purchase of equipment, BGCGFW shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grants and Program BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 5 Of 13 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 BGCGFW agrees to keep sufficient records to document its adherence to applicable local, 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 BGCGFW under this Agreement. BGCGFW,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 BGCGFW's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. BGCGFW shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to BGCGFW by City. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with BGCGFW. 7.3 If, as a result of any audit, it is determined that BGCGFW misused, misapplied,or misappropriated all or any part of the Program Funds,BGCGFW 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 Agreement. 7.4 BGCGFW's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing of BGCGFW SITYP assets as appropriate, if deemed required by City in its sole discretion. 7.5 BGCGFW covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by BGCGFW under this Agreement and City shall have access at all reasonable hours to offices and records of BGCGFW, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 6 Of 13 8. Independent Contractor. 8.1 BGCGFW shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. BGCGFW 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 BGCGFW, 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 BGCGFW. No federal, state, or local income ax, nor any payroll tax of any kind, shall be withheld or paid by City on behalf of BGCGFW. BGCGFW 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 BGCGFW, 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 City does not have the legal right to control the details of the tasks performed hereunder by BGCGFW, 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 BGCGFW, 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. BGCGFW 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 ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF BGCGFW, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. BGCGFW AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS,AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 7 of 13 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)BGCGFW'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF BGCGFW, 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 ANYLIABILITY 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 CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED ASA WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. BGCGFW 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 BGCGFW shall be effective without City's prior written approval. 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 BGCGFW SITYP is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the BGCGFW SITYP 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. BGCGFW 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 BGCGFW 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 BGCGFW of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of BGCGFW, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge, BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 8 of 13 expressed or implied, of BGCGFW 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, BGCGFW 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 BGCGFW will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will BGCGFW permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 13. Compliance. 13.1 BGCGFW, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state, and local, including all ordinances, rules, and regulations of City. If City calls to the attention of BGCGFW in writing any such violation on the part of BGCGFW or any of its officers, members, agents, employees, subcontractors, or program participants,then BGCGFW shall immediately desist from and correct such violation. 13.2 BGCGFW 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 BGCGFW in writing to any such violations on the part of BGCGFW or any of its officers, members, agents, employees, program participants, or subcontractors, then BGCGFW shall immediately desist from and correct such violation. 14. Waiver of Immunity. If BGCGFW 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, BGCGFW 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. 15. Insurance Requirement. BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 9 of 13 15.1 BGCGFW shall procure and shall maintain during the term of this Agreement the following insurance coverage: (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 interests of the City. 15.2 BGCGFW'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. 15.3 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. 15.4 BGCGFW further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect BGCGFW and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. Miscellaneous Provisions. 16.1 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. 16.2 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. BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 10 of 13 16.3 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. 16.4 BGCGFW 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. 16.5 This written instrument, including Exhibits A through F, constitutes 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. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and(iii) addressed to the other parry at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Valerie R. Washington,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Grants and Program Management Section Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 BGCGFW: James Newson, Chief Operations Officer Boys & Girls Clubs of Greater Fort Worth 3218 E. Belknap St. Fort Worth,TX 76111 16.7 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 BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 11 of 13 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. 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and BGCGFW and are not intended to create any rights, contractual or otherwise, to any other person or entity. 16.10 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. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth 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 (f141J)jV , 20;U . APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH BOYS & GIRLS CLUBS OF GREATER FORT WORTH Valerie R. Washington Daphne Barlow Stigliano Assistant City Manager President Date: 1'( �'`b f<<P Date: l k l:? /1-6 APPROVED AS TO FORM AND APPROVAL RECOMMENDED LEGALITY FOR BOYS AND GIRLS CLUBS OF GREATER FORT .� WORTH Chief Joel F. Fitzgerald _ Chief of Police •- BGCGFW Attorney Date: Date: 11 -7 /b O APPROVED AS TO FORM AND `•.� LEGALITY FOR CITY OF FORT WORTH AT7 7 ............ / t , Jo;Ann Pa PaJ. Kayser Assistant City Attorney City Secretary Date: � �2�� /( Date: Qzalzmp Form 1295 Certification No: 2016- M&C No. 0-7-mly 98603 BGCGFW SITYP FY 2017 City of Fort Worth and Boys&Girls Clubs of Greater Fort Worth Page 13 of 13 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHIBIT A SCOPE OF WORK The Scope of Work is to be performed and documented in compliance with the monthly program activities and quarterly effectiveness measurement reports outlined in exhibits D and E. FORTWORTH CRIME CONWOL &PUMMON DISmcr Exhibit B Budget Summary Fiscal Year 2017 DIRECT PROGRAM"COSTS 90%Minimum Total $276,323.81 A.PERSONNEL Salaries 193,513.03 PERSONNEL TOTAL: $193,513.03 B.FRINGE BENEFITS FICA $14,803.75 Health Insurance $13,000.00 FRINGE BENEFITS TOTAL $27,803.75 C.TRAVEL AND TRAINING Mileage $2,400.00 Participant Travel $250.00 Staff Travel/Training $3,000.00 Bus Mileage $15,700.00 TRAVEL AND TRAINING TOTAL 'i $21,350.00 D.EQUIPMENT $3,500.00 X-Box $400.00 PS 3 Games $700.00 PS4 Games $700.00 Projector $400.00 Karaoke System $400.00 Computer $900.00 EQUIPMENT TOTAL $3,500.00 E.SUPPLIES Office Supplies $3,900.00 Office Equipment Rental $1,500.00 Postage $50.00 Printing $50.00 Craft Supplies $2,300.00 Food Supplies $2,100.00 Teaching Aids/Program Supplies $20,257.03 SUPPLIES TOTAL $30,157.03 F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED FACILITY AND UTILITIES—PROGRAM SITE: None OTHER APPROVED TOTAL $0.00 INDIRECT PROGRAM COSTS 10%Maximum Total $30,691.19 A.PERSONNEL SORT WORTH CRIME CONTROL &PREVENTION DIsTRIcr Salaries $24,764.85 PERSONNEL TOTAL: $24,764.85 B.FRINGE BENEFITS FICA $1,894.51 Health Insurance $2,592.48 FRINGE BENEFITS TOTAL $4,486.99 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL- $0.00 D.EQUIPMENT None EQUIPMENT TOTAL $0.00 E.SUPPLIES None SUPPLIES TOTAL $0.00 F.CONTRACTS/CONSULTANTS Audit $1,439.35 CONTRACTS/CONSULTANTS TOTAL $1,439.35 + G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $307,015.00 Exhibit B BUDGET NARRATIVE FY 2017 Please attach a detailed budget narrative that explains the need for all proposed expenditures by individual item. The budget narrative should clearly explain how funds will be used and why expenditures are necessary for successful implementation of your program. Please explain how costs are calculated. DIRECT COSTS—Total$276,323.81 A. Program Personnel—Total$193,513.03 Branch Director—The Branch Director has direct daily contact with participants and oversees program staff to insure implementation of programs and activities designed to maximize program outcomes. 100% of the Branch Director's time and efforts are spent at this location. ($52,020.00 @ 100% _ $52,020.00) Branch Site Director—The Branch Site Director coordinates activities and programs at all Boys& Girls Clubs of Fort Worth locations, including the Martin Branch. 15%of the Branch Site Director's annual salary is allocated to this program based on time and effort expended. ($70,100.00 @ 15% _ $10,515.00) Other Program Staff—Other Program Staff are directly involved with participants in the program or maintenance of the program site on a daily basis,including educational, health, social, and cultural activities. Other Program Staff also provide transportation to the facility from school for participants. Education Specialist($31,500.00 @ 100%_$31,500.00) Assistant Healthy Lifestyles Specialist($10.00/hr. @1,375 hrs._$13,750.00) Teen and Leadership Specialist($10.00/hr. @ 1,375 hrs. _$13,750.00) Assistant Education Specialist($10.00/hr. @ 1,375 hrs._$13,750.00) Culture and Art Development Specialist($10.51/hr. @1,375 hrs. _$14,451.25) Social Development Specialist($10.20/hr. @ 1,375 hrs. _$14,025.00) Front Desk Specialist($10.94/hr. @ 1,375 hrs._$15,042.50) After School Driver($10.61/hr. @ 375 hrs._$3,978.75) After School Driver($10.00/hr. @ 375 hrs._$3,750.00) Maintenance Director($19.23/hr. @ 205 hrs._$3,942.15) Janitor II($11.89/hr. @ 1,040 hrs. _$12,365.60) Summer Staff($10.00/hr. @ 375 hrs._$3,750.00) Summer Staff($10.00/hr. @ 375 hrs._$3,750.00) Vacancy Allowance—During the program year vacancies in staff positions will occur. The current staff vacancy rate is estimated for the program year at 10%. Budgeted program salaries are reduced by this amount. ($210,340.25 X-8% _ ($16,827.22)) B. Fringe Benefits—Total$27,803.75 FICA—7.65% of the portion of the above listed salaries allocated to this program are budgeted in this line item. (7.65% X$193,513.03)=$14,803.75) Health,Dental Insurance—(2 FTE @$6,500.00/yr. =$13,000.00) C. Travel and Training—To provide program staff and participants travel for supplies, training, trips to administration building, and field trips—Total$21,350.00 Mileage (Vehicle Operating)—Staff mileage for supplies,to and from admin building, other program related travel. (370.37 miles/mo. X 12 mo. X .54 per mile=$2,400.00) Participant Travel—Member travel/training/field trips/field trip entry fees. ($250.00 @ 100%). Staff Travel/Training—Staff meals and travel to and from training and training expense. ($3,000.00 (0, 100%) Bus Mileage- ($1.74 per mile @ 9,022.99 miles per year=$15,700.00) Buses are used to transport program participants from school to the program site and are essential to the successful achievement of program goals. Without access to transportation many students in the program would be unable to participate in program activities. Operation of buses from the school sites to the program sites occur during peak traffic hours. In order to be available to participants and to provide them with a comfortable environment while waiting for other participants arrive,buses are deployed early and are typically left running, depending on weather conditions. All of these circumstances increase the fuel and maintenance costs associated with providing bus service to program participants. Costs included in the mileage rate in this budget include fuel costs,bus insurance costs for the specific buses assigned to the program, and a conservative estimate of average bus repair costs for the buses specifically assigned to the program. Depreciation expense is not included in the mileage rate calculation. D. Equipment—Total$3,500.00 X-box $400.00 PS 3 games (2 @$350.00=$700.00) PS 4 games (2 @$350.00=$700.00) Projector $400.00 Karaoke System $400.00 Computer $900.00 E. Supplies -To provide materials,supplies, and equipment needed to perform administrative tasks, track participant attendance, and track program effectiveness—Total$30,157.03 Office Supplies—Background and employment screening, drug screening,job posting fees,pens, pencils,pencil lead refills, erasers,highlighters,paper, staplers,staple removers, scissors, letter openers, tape dispensers,tape, staples,notepads,notebooks,binders,post-it notes, calendars,paper clips,tissues, toner/ink cartridges,hand sanitizers,folders,files, desk organizers. Office furniture for program staff including office chairs,desks, file cabinets,storage cabinets,keyboards, computer replacement parts, charge cords, calculators. ($3,900.00 @ 100%). Copier Lease—($125.00/mo. X 12 =$1,500.00 @ 100%). Postage—($50.00 @ 100%) Printing—Advertising, brochures, event promotions,schedules, communications with parents. ($50.00 @ 100%). Craft Supplies—Paint,paint brushes,paper,scissors, pencils, pens,markers, glue, craft materials. ($2,300.00 @ 100%). Food Supplies -Participant meals and snacks, drinks ($2,100.00 @ 100%) Teaching Aids/Program Supplies—Program supplies and project work supplies, computer software for program participant use, attendance tracking software(E-Z Care),security camera system maintenance,game room supplies,community service supplies, education supplies, athletic equipment, event entry/participation fees,video game room equipment and supplies, games, sports equipment, books, videos, software, classroom supplies, classroom and lunchroom furniture used by program participants. Education Room academic studies software(STRIDE) ($20,257.03 @ 100%) F. Contracts/Consultants G. Other Approved Expenses INDIRECT COSTS—Total$30,691.19 A. Personnel—Total$24,764.85 COO - ($91,000.00 @ 5.5% _$5,005.00) CFO- ($78,500.00 @ 5.5% _$4,317.50) Network Administrator- ($59,500.00 @ 5.5% _ ($3,272.50) Accounts Payable Specialist- ($38,000 @ 5.5% _$2,090.00) Payroll and Accounting Specialist—($43,260.00 @ 5.5% _$2,379.30) HR Director—($86,500.00 @ 5.5% _$4,757.50) HR Specialist—($63,024.00 @ 5.5% _$3,466.32) HR Assistant—($29,640.00 @ 5.5% _$1,630.20 Vacancy Allowance—During the program year vacancies in staff positions will occur. The current staff vacancy rate is estimated for the program year at 10%. Budgeted program salaries are reduced by this amount. ($26,918.32 X-8% _($2,153.47)) B. Fringe Benefits—Total$4,486.99 FICA—7.65% of the portion of the above listed salaries allocated to this program are budgeted in this line item. (7.65% X$24,764.85=$1,894.51) Health Insurance—($5,892.00/yr.X 8 FTE @ 5.5% _$2,592.48) C. D. E. F. Contracts/Consultants- Total$1,439.35 Audit-Audit fees for annual independent audit to assure sound financial practices and procedures ($35,500.00 @ 4.0545% _$1,439.35) 1)J oRT if 7[jO RTH' Exhibit C j1'' 1 �T 1� Request for Reimbursement(HER) FY 2017 cR1311S C�N'I'Ri?I. AND PRFVFNTtON DISTRICT - -- - —-— — — -- Boys&Girls Club of Greater Fort Submit To: Submitting Agency: Worth-Safe Haven Bob Bolen Public Safety Complex Contact Name: Bob Ehret Attn:Contract Compliance Specialist Program Support Division Phone Number: 817-834-4711 ext 211 505 West Felix St. Email: behretaafortworthkids.org Fort Worth,TX 76115 Remit Address: 3218 E.Belknap,Fort Worth,TX 76111 Invoice Number: Month of Request: DIRECT COSTS(90%Minimum) A B IC D E Total of Previous This Month's B+ Al Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel S '193,513.031 S - $ 193,513.03:' B Fringe Benefits $ 27,803.75P S - $ 27,803.751 C Travel&Training $ 21,150.001: $ - $ 21,350.00 D Equipment S 3,500.00: $ - $ 3,500.00` E Supplies S :30,157.03 F Contracts/Consultants $ Total Direct Costs S 276,323.81' $ $ $ - $ 276,323.81'- INDIRECT COSTS(10%Maximum) A B C D E Total of PreviousB+ A-D This Pionth's Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel S :24,764.85: S - S : 24,764.85:: B Fringe Benefits $ 4,486.99 S - $ 4,486.99= C Travel&Training S - $ - $ - D Equipment S - S - Is - E Supplies $ - S - $ - F Contracts/Consultants $ ': 1,439.35' $ - S 1,439.35' Total InDirect Costs $ 30,691.19:1 S $ Is S 30,691.19` Supporting documents required with monthly requests. Summary: This includes,timesheets depicting CCPD funded activities, Total Budget: $ 307,015.00 copy of paychecks,invoices and receipts detailing all CCPD Previous Requests: $ funded expenditures. This Request: $ Total Requested To-Date $ Remaining Funds $ 307,015.00 1 have reviewed this request and certify that these listed expenses and support documentation are accurate. Authorized Signatory Signatory Title Date Fiscal Agent Use Only Pnrch"e.Order# Fund ::Dept ZD Account RFRApproeed For Payment Grant Staff Signature Date Finance Received Stamp Placed Below FORT WORTH CRIME CONTROL &PREVEN"ON DIsmcr Exhibit D Fiscal Year 2017 Monthly Program Activities Report Current Reporting Month Submitting Agency Boys & Girls Clubs of Greater Fort Worth Contact Name Matthew Sinclair Phone Number and Email (817)-834-4711, ext. 215 msinclair@fortworthkids.org Remit Address 3218 E. Belknap St. Ft. Worth, TX. 76111 Activity Current To Date Year Month Total End Total Goal 1 Total Unduplicated Participants—number of total branch participants each 1,378 month 2 Power Hour-number of participant visits in power hour/homework help. 19,960 3 Literacy- number or participant visits in literacy activities. 10,975 4 Math-number of participant visits in math activities. 10,087 5 Daily Challenges/Exercise -number of participant visits in daily physical 22,975 challenges/exercise. 6 Healthy Habits/Nutrition -number of participant visits in healthy 7,747 habits/nutrition activities. 7 Practices/Clinics - number of participant visits in sports practices/clinics. 7,189 8 Character&Leadership - number of participant visits in Leadership Clubs 3,143 including Keystone, Torch, Triple Play and Junior Staff. 9 High Yield Learning Activities -number of participant visits in high yield 11,788 learning activities. 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 FORT WORTH CRIME CONTROL &PREVENTION DISTRICT Exhibit E Fiscal Year 2017 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Boys & Girls Clubs of Greater Fort Worth- SafeHaven Contact Name Matthew Sinclair Phone Number and Email (817)834-4711, ext. 215 msinclair@fortworthkids.org Remit Address 3218 E. Belknap St. Ft. Worth, TX. 76123 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Average Daily Attendance (ADA) increases each quarter by 3%. Outcome Measure 2 Average Daily Attendance (ADA) for members between the ages of 13 — 18 increases each quarter by 2%. Outcome Measure 3 50% of members reach an annual goal of 52 visits per year. Outcome Measure 4 85% of members progress to the next school grade on time (measured annually) Outcome Measure 5 50% of overall membership is made up of renewing members. Outcome 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 Report due each quarter: V 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 FORT WORTH CRIME COPRROL &PREVEtMoN DIsTRicr • 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 Contact Name Phone Number and Email Remit Address DIRECT COSTS 90%o minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Direct Costs INDIRECT COSTS (10% maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs . .........................._.... Modification Narrative (describe in detail what change is for) I have revieii ed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFFUSE ONLY 0 Modification Approved Q Modification NOT Approved FWPD Staff Signature Date City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/20/2016 DATE: Tuesday, September 20,2016 REFERENCE NO.: **C-27928 LOG NAME: 35BOYS AND GIRLS CLUB SAFE HAVEN YOUTH PROGRAM FY17 SUBJECT: Authorize Execution of a Contract with the Boys and Girls Clubs of Greater Fort Worth in the Amount Up to$307,015.00 for the Operation of a Safe Haven Youth Program at the Boys and Girls Club Martin Branch Located at 3123 Avenue G for Fiscal Year 2017(CCPD Funded) (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Contract with the Boys and Girls Clubs of Greater Fort Worth in the amount of$307,015.00 for the operation of a Safe Haven Youth Program at the Boys and Girls Club Martin Branch, located at 3123 Avenue G. DISCUSSION: Youth Safe Havens are places where children in targeted neighborhoods can play and learn with other children without fear of being victims of a crime. The original Safe Haven Program was operated in the southeast part of Fort Worth and was later expanded to other neighborhoods in Fort Worth. The Boys and Girls Clubs of Greater Fort Worth provides a Youth Safe Haven Program for youth living within a five-mile radius of the Boys and Girls Club Martin Branch,located at 3123 Avenue G,which is in Council District 8. The program strives to offer character and leadership development, educational activities, cultural arts,health and life skills, and recreational opportunities. Program Staff address any additional educational, social,psychological and physical needs that the youth may have. Program Staff provide the youth with the tools they need to become responsible adults. This Agreement will be effective October 1, 2016 through September 30,2017. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2017 Budget by City Council,funds will be available in the Fiscal Year 2017 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. FUND IDENTIFIERS (FIDs): TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: James Rodriguez (4286) ATTACHMENTS 1. BGC HB 1295.12df (Public) 2. FID Transaction.pdf (CFw Internal) 3. SAM.12df (Public) FORTWORTH. GL0019-03-Operating Dept <<Back RunTime:12/13/2016 01:31 PM DEPARTMENT 0359808 26001 CRIME CONTROL& PREV DISTR REMAINING § '1; 1YiY ltYitt A P , C. t I � t-t ,a I CURRENT BUD s !. { .GENE t � 444 RAL O E t s PER,. r $.tt .S t , a:§E. , } „ &..MAN „s ; t t 1 T.. 1 t �. t � t. l00 0 0{ � � 33 0 s ( tt 127 2 7 t t t � , t .1 035 POLICE DEPARTMENT ROLLUP $440,005.00 $0.00 $127,240.16 $5,749.84 $307,015.00 .,.. 30.221 0359808 CCPD SAFE HAVEN $440,005.00 $0.00 $127,240.16 $5,749.84 " $307,015.00 30.22 5330201 OTHER CONTRACTUAL SERVICES $440,005.00 $0.00 $127.240.16 $5,749.84 $307,015.00 30.22 TOTAL EXPENDITURES: $440,005.00 $0.00 $127,240.16 $5,749.84 $307,015.00 30.22 << Back FSCM 92 Production Page 1 of 1