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HomeMy WebLinkAboutContract 51575 CITY SECRETARY 41< conlTRACT No. 51535 W -III- ) /b ��C_, Q `yb AGREEMENT FOR COMMUNITY BASED PROGRAM Girls Embracing Mothers,Inc, (GEM) FISCAL YEAR 2019 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 Jesus Chapa, its duly authorized Assistant City Manager, and Girls Embracing Mothers, Inc. (GEM) a Texas private non-profit corporation ("Contractor") acting by and through Brittany Barnett, President and CEO, its duly authorized representative. RECITALS WHEREAS, City has determined that Community-Based Programs are necessary to support crime prevention in City during Fiscal Year 2019 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 the Pearl Program, 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 Pearl Program and WHEREAS, City, as consideration for the performance of Contractor, has appropriated monies in the CCPD Budget in the amount of $32,000.00 ("Program Funds") to provide to Contractor on a reimbursable basis for the operation of the Pearl Program subject to and in accordance with this agreement; 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 OFFICIAL RECORD CITY SECRETARY FY 2019 Community Based Program FT. WORTH,TX Girls Embracing Mothers,Inc.(GEM) Page 1 of 21 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, 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 Pearl Program. 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$32,000.00 ("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 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 2 of 21 The monthly RFR, with an original signature by an authorized representative, must be submitted to the Grants and Program Management Section of the Fort Worth Police Department, ATTENTION: Contract Compliance Specialist, Financial Management 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 Contract Compliance Specialist, Financial Management Division, 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, 2018 ("Effective Date"), and shall end on September 30, 2019 ("End Date"). All of Contractor's expenditures under this Agreement must be completed no later than September 30, 2019. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 3 of 21 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." 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 descriptions of any realized successes. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15' 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 15t' 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 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 4 of 21 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; (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 Pearl Program. Contractor shall maintain, replace, or repair any item of equipment used in support of the Pearl Program 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 Pearl 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 Pearl 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 Reauirements. 7.1 Contractor 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 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 5 of 21 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. 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. 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 Pearl Program 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. Section 7 shall survive the expiration or termination of this Agreement. 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 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 6 of 21 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 City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. 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 HARMLESS AGAINST ANYAND 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 LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 7 of 21 10. Non-Assignment. No assignment or delegation of duties under this Agreement by Contractor 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 Pearl program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to Pearl 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 8 of 21 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 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 its 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. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 9 of 21 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. 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, 200 Texas Street, 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. 17.1 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. 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 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 10 of 21 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. 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: Jesus Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,TX 76102 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page l 1 of 21 Copies To: Financial Management Division Bob Bolen Public Safety Complex 505 West Felix St. Fort Worth, TX 76115 City Attorney's Office Attn: Police Contracts 200 Texas Street Fort Worth,TX 76102 CONTRACTOR: Brittany K. Barnett Founder/Chief Executive Officer 2904 Floyd St., Suite A Dallas,TX 75204 19. Immieration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 20. Backeround Screening For Persons Working With Children. Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM) Page 12 of 21 IN WITNESS WHEREOF,the parties hereto have -x cuted this a eement in multiples in Fort Worth,Tarrant County, Texas,to be effective this have: of 0 APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH Girls Embracing Mother,Inc. (GEM) Jesus Chapa Brittany K. Barn Assistant City Manager Chief Executive Officer Date: /��/�—/ 9 Date: 0 - ;1 - U APP R VAL, RECOMMENDED APPROVED AS TO FORM AND LEGALITY FOR GIRLS L EMBRACING MOTHERS, INC. Joel F: Fitzgerald (GEM) Chief of Police Date: t( 1a-Li Girls Embracing M hers, Inc. (GEM) APPROVED AS TO FORM AND Date: -JA - g LEGALITY FOR CITY OF FORT WORTH 7A �OFZ-r Thomas Royce Hansen ATTEST O� '' O� Assistant City Attorney Contract Compliance Manager: B ♦r P g Y Mary J. K- se signing I acknowledge that I am the City Secret TEXP$ person responsible for the monitoring and administration of this contract, Date: incjg ensuri 1 performance and rep reme ts. M&C No.NOT REQUIRED Alma barra 1295 CERTIFICATION: Z 1 $ - 41 t 6 6 q Contract Compliance Specialist OFFICIAL RECORD CITY SECRETARY FY 2019 Community Based Program FT. WORTH,TX Girls Embracing Mothers,Inc.(GEM) Pae13 of 21 EXHIBIT A SCOPE OF WORK PROGRAM ABSTRACT Provide a short description of your program to be funded.Please summarize the problem and what your program will do to address it. (Roughly 2 paragraphs in length on a separate page) GEM is the only identified organization in Northeast Texas that offers services focused solely on girls with mothers in prison. Texas incarcerates more women by sheer number than any other state in the country. We know that children with incarcerated mothers are at least 5 times more likely to become incarcerated at some point during their lifetime.These children are more likely to become involved in substance use,drop out of high school, and engage in sexually risky behaviors all of which place these children at greater risk for juvenile crime. We recognize the humanity in the marginalized society of incarcerated mothers and their daughters and work to build solidarity within this population. We create space for intergenerational healing of girls with incarcerated mothers. GEM programming aims to address these critical issues associated with maternal incarceration. Girls Embracing Mothers,Inc. is a Dallas based 501(c)(3)non-profit organization. GEM's primary focus is to empower girls in grades K-12 with mothers in prison to break the cycle of incarceration and lead successful lives with vision and purpose. Through a partnership with the Texas Department Criminal Justice,the program accomplishes its mission and goals by transporting girls from the North Texas area to a women's prison in Gatesville to engage in supportive programming to improve relationship quality and self-esteem, and to deter negative life outcomes such as future criminal activity. The program supports development of life skills including literacy, social skills, and educational support. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit A Page 14 of 21 FORT WORTH CRIME CONTROL &PREVENTION DIsmu Exhibit B—Budget Narrative 2018-2019 The attached budget for the GEM,Inc.Pearl program reflects cost to the agency to expand current services to increase the number of participants served by the GEM program in the City of Fort Worth.The program would extend services in the programmatic areas addressed by this proposal based on the funding awarded through the CCPD RFP 18-0202.The current budget does not include a request for funding related to personnel,fringe costs, equipment,or indirect costs.Expenses related to direct travel,supplies,and consultant services are addressed in this narrative and the attached budget worksheets.The cost calculated by this proposal are reflective of expenses from the general GEM operating budget.The costs were calculated to the itemized request based on the number of participants served multiplied by the number of sessions for each item. Direct Travel Travel expenses represent a majority expense for the functioning of the GEM Pearl Program,because program implementation occurs outside of the city of agency location at the Texas Department of Criminal Justice penal institutions where the mothers of daughters participating in the program are currently incarcerated.Travel costs are a reflection of the direct cost of securing transportation to those institutions.Transportation of participants to Texas women's prisons in Gatesville is calculated based on the current cost of 15 participants to this facility through the secured transportation service provider.The cost of$15,000 represents the annual fee for this service which will allow for the transport of 15 minor children round trip via bus 12 times during the program year.This cost represents a discounted rate,as GEM currently partners with a transportation company that offers a 30%in-kind donation of transportation services. Direct Supplies Supply cost represented in this budget reflect the costs of providing meals,the clinical curriculum,and the enrichment activity/craft at each session offered once monthly at the prison facility to mother and child.The supply cost for the program were calculated to the itemized request based on the number of participants served multiplied by the number of session for each item.Further the cost of curriculum,meals,and enrichment activity(crafting) supplies is based on the current GEM budget for these components serving the same number of participants(15-30) as the current request.The current request for$13,500 would allow the GEM program to increase participation in the program among City of Fort Worth target population and maintain programming at the same level. Direct Contracts/Consultants Consultation expenses represent a contract with Licensed Clinical Social Worker to ensure the effective implementation,and application of the identified program curriculum.The contracted clinician/administrator will also be assisting with the assessment of program evaluation,and data collection to effectively measure program goals and objectives. FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 15 of 21 Foxr�Wox„T,x CRIME CONTROL &PREVENI70N DIsTR1cT Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS 90%Minimum Total $32,1110.00 A. PERSONNEL $0.00 PERSONNEL TOTAL: $0.00 B. FRINGE BENEFITS $0.00 FRINGE BENEFITS TOTAL $0.00 C.TRAVEL AND TRAINING Contracted Bus Services to Prison $15,000.00 TRAVEL AND TRAINING TOTAL $15,000.00 D. EQUIPMENT EQUIPMENT TOTAL $0«00 E.SUPPLIES Social Skills Curriculum, Meals, Craft Supplies $13,500.00 SUPPLIES TOTAL $13,Sfl0.00 F.CONTRACTS/CONSULTANTS Training and Demonstration of Curriculum for Agency Staff $3,500.00 CONTRACTS/CONSULTANTS TOTAL $3,500.00 G. OTHER APPROVED OTHER APPROVED TOTAL $0.00 INDIRECT PROGRAM COSTS(10%Maximum) Total $0.00 A. PERSONNEL PERSONNEL TOTAL: FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 16 of 21 FORT WORTH CRIME CONTROL &PREVENTION DISTRICT B. FRINGE BENEFITS FRINGE BENEFITS TOTAL C.TRAVEL AND TRAINING TRAVEL AND TRAINING TOTAL D. EQUIPMENT EQUIPMENT TOTAL $0.00 E.SUPPLIES SUPPLIES TOTAL $0.00 F.CONTRACTS/CONSULTANTS CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED OTHER APPROVED TOTAL $0.00 GRAND TOTAL $32,000.00 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 17 of 21 #oRrIWOR'I',�Ss Exhibit C Request for Reimbursement(RFR) FY 2019 C'RPAF CONTROL AND Pt1£:Y1rd01001 O TIOCTt. __........__....._.___ _...................._......... . j SubmittifgAgency: Girls Embracing Mothers(GEM),Inc.Submit To: Bob Bolen Public Safety Complex i Contact Nath: Allison Tomlinson Attn: Contract Compliance Specialist E Phone Number: 817-939-4034 Financial Management Division [ Email: allisonctomlinsonCaDamail.com 505 West Felix St. Remit Address: 2904 Floyd Street,j Fort Worth,TX 76115 Y t,Ste.A,Dallas,TX 75204 i Invoice Number: ......___...._..._...............____........_............................._............................i Month ofRequest: DIRECT COSTS(90%Minimum) A E C D E Total of Previous (B+C) (A-D Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance Requested Request q To-Date Available A Personnel S S $ B Fringe Benefits S - $ $ C Travel&Training S 15,000.00 $ S 15,000.0 D Equipment $ S S E Supplies $ 13,500.00 S 13,500.00 F Contracts/Consultants $ 3,500.00 $ 31500.00 G Other Approved S $ Total IN rect Costs $ 32 .00 $ S $ $ 3 00 INDIRECT COSTS(10%Maximum) A B C D E Total of Previous (B+Q A-D Budget Category Budget Amount Reimbursements This Month's Requested Request Total Requested Remaining Balance To-Date Available A Personnel $ $ B Fringe Benefits $ $ C Travel&Training S - $ . D Equipment S $ E Supplies $ S F Contracts/Consultants S S G Other Approved $ S $ Total InDirect Costs r$ $ $ S S Supporting documents required with monthly requests. Summary: This includes,timesheets depicting CCPD funded activities,copy Total Budget: $ 32,000.00 of paychecks,invoices and receipts detailing all CCPD funded _ Previous Requests:: S expenditures. This Request: S Total Requested To-Date $ Remaining Funds $ 32,000.00 I have reviewed this request and cerrifv that these listed expenses and support documentarian are accurate. Authorized Signatory Sigpetory Title Date Fiscal Agent Uwe t?nty Purchase Order# Fund Dept rD Account PFR Approved For Payment Grant Staff Signature Date 1 Finance Received Stamp Placed Below FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit C Page 18 of 21 FORT WORTH CRIME CONTROL &PREVENTION DISTRICT Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency Girls Embracing Mothers,Inc. (GEM) Contact Name Allison Tomlinson Phone Number and Email 817-939-403411 allisonctomlinsonngmail.com Remit Address 2904 Floyd Street Ste. A, Dallas, TX 75204 Activity Current To Date Year Month Total End Total Goal 1 Total number of visits between mother daughter that include: 180 • A curriculum based character education and life skills session • A family meal • A family engagement exercise 2 Number of unduplicated children served. 15 3 Average number of visits per unduplicated daughters served. 4 Number of completed self-assessment surveys. 30 5 Number of curriculum surveys completed. 30 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 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)-Exhibit D Page 19 of 21 FORT WORTH CRIME CONTROL &PREVENTION DISTRICT Exhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Girls Embracing Mothers, Inc. (GEM) Contact Name Allison Tomlinson Phone Number and Email 817-939-4034/allisonctomlinsonggmail.com Remit Address 2904 Floyd Street Ste. A, Dallas, TX 75204 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 80 percent will report an increase in perceptions of self-esteem on the annual the self- assessment survey. Outcome Measure 2 80 percent will report an increase in relationship quality between mother and daughter on the annual Curriculum survey. Outcome Measure 3 80 percent of GEM(daughter)participants will attend 100%of program visits. Outcome Measure 4 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: I"Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15 31 Quarter(Apr-June)due July 15 41 Quarter(Jul-Sep)due October 15 FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit E Page 20 of 21 FORT WORTH„ 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 2019 Date Submitting Agency Girls Embracing Mothers, Inc. GEM Contact Name Allison Tomlinson Phone Number and Email 817-939-4034/ allisonctomlinson mail.com Remit Address 2904 Floyd Street Ste. A, Dallas,TX 75204 DIRECT COSTS "%minimum) Budget Category App roved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training $15,000.00 Equipment Supplies $13,500.00 Contracts/Consultants $3,500.00 Other Approved Total Direct Costs $32,000.00 DIRECT COSTS 10% maximum Budget Category App roved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training E ui ment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative describe in detail what change is for 1 have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY C3 Modification Approved C3 Modification NOT Approved FWD Staff Signature Date FY 2019 Community Based Program Girls Embracing Mothers,Inc.(GEM)—Exhibit F Page 21 of 21