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HomeMy WebLinkAboutContract 48233 CITY SECRETARY G .Z CONTRACT AGREEMENT FOR COMMUNITY BASED PROGRAM Opening Doors for Women in Need,Inc. FISCAL YEAR 2017 In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and Opening Doors for Women in Need, Inc., a Texas private non-profit corporation ("Contractor") acting by and through Sandra R. Stanley,Executive Director, its duly authorized representative. RECITALS WHEREAS, City has determined that Community-Based Programs are necessary to support crime prevention in City during Fiscal Year 2017 to meet one or more of the Crime Control and Prevention District ("CCPD") goals, which are (1) to support efforts to reduce violent crime and gang-related activities through enhanced enforcement activities and crime prevention programs, (2) to support efforts to increase the safety of residents and to decrease crime throughout Fort Worth neighborhoods, and (3) to support efforts to increase the safety of youth and reduce juvenile crime through crime prevention and intervention programs; and WHEREAS, Contractor has agreed to operate a Community-Based Program called Change a Life! Nehemiah Project, 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 Change a Life!Nehemiah Project; and WHEREAS, City, as consideration for the performance of Contractor, has appropriated monies in the CCPD Budget as reimbursed by the CCPD in the amount of$40,374.18 ("Program 'Funds")to provide to the Contractor for the operation of the Change a Life!Nehemiah Project; 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 fOFFICIAL RECORD S. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report Y SECRETARY WO)IRTH TX FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 1 of 13 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 Change a Life! Nehemiah Project 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$40,374.18 ("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 15t" 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 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 2 of 13 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: Program Support Division, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report from the Contractor. Additionally, a quarterly Program Effectiveness Measurement Report from Contractor is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 2.3 Contractor is authorized to modify up to five (5)percent of any budgeted line-item in the original approved budget without prior written permission from City. However, Contractor must submit the Request for Budget Modification Form (Exhibit "F") to City, with the monthly RFR, during the month the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5)percent of any budgeted line-item in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved,the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit"F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved,the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3,2.4. and 2.5. Budget adjustments shall be submitted to the Program Support Division of the Fort Worth Police Department at Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas,76115. 3. Term. This Agreement shall commence upon October 1, 2016 (`Effective Date"), and shall end on September 30, 2017 ("End Date"), All of Contractor's expenditures under this Agreement must be completed no later than September 30,2017. 4. Program Performance. 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 3 of 13 4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit"E," respectively. The Program Activities and Effectiveness Measures shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measures shall be reported on a quarterly basis and included in the January,April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include description of any realized successes. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 Contractor agrees that the monthly Request for Reimbursement and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15th day after the end of each month. Should Contractor not meet these requirements, Contractor will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, Contractor has not submitted the required reports, City will send a non-compliance letter notifying Contractor's duly authorized representative of a possible suspension of program funding. 4.4 A representative of the program shall attend quarterly meetings of the Crime Control and Prevention District Board as requested. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not received prior to the execution of this contract by the parties, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of payments herein agreed upon for which funds have been appropriated. 5.3 The City may terminate this Agreement at any time and for any reason by providing the other party with thirty (30) days' written notice of termination. 5.4 Termination will be effected by delivering to Contractor written notice of termination. Upon Contractor's receipt of notice of termination, Contractor shall; FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 4 of 13 (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 Change a Life! Nehemiah Project program. Contractor shall maintain, replace or repair any item of equipment used in support of the Change a Life! Nehemiah Project program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement or repair of any equipment used in support of the Change a Life! Nehemiah Project 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 Change a Life! Nehemiah Project program. Within 10 days following the purchase of equipment, Contractor shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grants and Program Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of'equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 Contractor agrees to keep sufficient records to document its adherence to applicable 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. In the event of such audit by City, a single audit of all Contractor's operations will be undertaken FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 5 of 13 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. This section shall survice the expiration or termination of this agreement. 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 Change a Life! Nehemiah Project assets as appropriate, if deemed required by the City in its sole discretion. 7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this Agreement, and work to be performed by Contractor under this Agreement and City shall have access at all reasonable hours to offices and records of Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 8. Independent Contractor. 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and,services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, The doctrine of respondent superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by City on behalf of Contractor. Contractor shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, or invitees of Contractor, and any program participants hereunder are not eligible for, and shall not participate in any employer pension, FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 6 of 13 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 HARNLESSAGAINSTANYAND 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 APPORHONED 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. FX 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 7 of 13 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 Change a Life! Nehemiah Project is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Change a Life! Nehemiah Project 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. I FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 8 of 13 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 any such violation on the part of Contractor or any of its officers, members, agents, employees, subcontractors or program participants, then Contractor shall immediately desist from and correct such violation. 13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of Contractor in writing to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 14. Governmental Powers. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 15. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption(statutory or otherwise)from and against liability for damages or injury, including death,to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 16. Insurance Requirement. 16.1 Coverages and Limits. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: (a) Commercial General Liabili y (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 2417 Community Based Program Opening Doors for Women in Need,Inc. Page 9 of 13 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, 1000 Throckmorton,Fort Worth,Texas 76102,with copies to the City Attorney at the same address. . 16.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 16.8 Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 17. Miscellaneous Provisions. 17.1 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. FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 10 of 13 17.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement, venue for said action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion,resolution or action passed or taken,to enter into this Agreement and to perform the responsibilities herein required. 17.5 This written instrument and Exhibits A through F constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 17.6 Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each Party. 17.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. 17.8 The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 17.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 17.10 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor and are not intended to create any rights, contractual or otherwise,to any other person or entity. 17.11 Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax- exempt status during the term of this Agreement. 18. Notice. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S.Postal Service certified mail,postage prepaid,to the address of the other party shown below: CITY: Valerie R.Washington,Assistant City Manager City Manager's Office City of Fort Worth FY 2017 Community Based Program Opening Doors for Women in Need,Inc. Page 11 of 13 1000 Throckmorton Street Fort Worth,TX 76102 Copies To: Brittany Taylor Program Support Division Bob Bolen Public Safety Complex 505 West Felix St. Fort Worth,TX 76115 CONTRACTOR: Sandra Stanley Executive Director Opening Doors for Women in Need 3507 Horne Street Fort Worth,TX 76102 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] FY 2017 Community Based Program Opening Doors for Women in Need,Inc. 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_5?49day of ,2016. APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORT Op ing Doors for W en in Need Valerie R.Washington Sandra R. Stanley Assistant City Manager Executive Director l� Date: Date: ko, APPROVED AS TO FORM AND LEGALITY FOR Opening Doors for AP V ND Women in Need Joel F. Fit erald Opening Doors for Women in Need Chief of Police Attorney Date: 19102 B16 "U� Date: 1 oeoo j' ° A APPROVED AS TO FORM AND 0 LEGALITY FOR CITY OF FORT ATTEST j 01% % o , WORTH �000000000G o n ate Mary r Assistant City Attorney City Sec etary � 3Date: Date: M&C No.NOT REQUIRED 1295 CERTIFICATION: Mol (N 'IrPrA Y r.�. �j,;1 G��i:;,,j71t• Slit FY 2017 Community Based Program Opening Doors for Women in Need,Inc. 1ry'�9'tl5I`FIT �`''�i�"`" �( Exhibit A Proposal Abstract and Narrative PROGRAM ABSTRACT Opening Doors for Women in Need(ODWIN) began providing prisoner reentry services thirteen years years ago for women returning from prison. It is a 12-month transitional housing program. Five years ago ODWIN began providing services to the entire Como Neighborhood(including men)when it opened a Resource Center. Poverty relief services including a clothes closet,food pantry,job readiness, entrepreneur.Overcomes recovery support and community garden is provided. The Como Neighborhood is a part of our city that is crime ridden and challenged by high unemployment. It is described as being a square mile island of poverty surrounded by a sea of wealth.To decrease crime ODWIN Is planning to provide job training/personal development program.The training will be held three times a weekly for six weeks.The first session will be a pilot 10 participant enrolled.After that,20 participants will be served in each session. Each participant will be individually assessed at baseline and placed in the program at the point that meets his/her needs.The training will include soft training designed to build self-esteem and hard training built to develop skills such as computer literacy and resume development.Graduates will be assisted to find jobs with weekly support meetings held for those who are job-seeking and in early employment.Evaluation points for the program will be at completion of the six-week program and then after 30-days,6 months and 12 months following graduation.Self-esteem,aggressiveness, participation in crime and job obtainment and retention will be C measured as well as crime statistics in the neighborhood. Together We Can Change A life The Change a Lifel Nehemiah Project is a program focused on assisting ex-offenders,leaving places of incarceration and reentering area communities. The program has 3 primary components: Case Management,Job Readiness and Entrepreneurship. . I PROGRAM ABSTRACT Proposal Narrative Opening Doors for Women In Need, inc. (ODWIN), a vibrant, effective, and proactive, reentry center, located at 3507 Horne Street, Fort Worth Texas, in the historically depressed and hurting Black Community,in the historically depressed and hurting Black Community of Como in West Fort Worth.The Community of Como is just as distinct as it is special. Como is a Community of Como is just as distinct as it is special. Como is a Community that represents the body of society that is infected and demands appropriate attention.According to the NIBRS Offense Comparison, 2010-2011 Como Area, recently received directly from Fort Worth Police Department,with specifications on Como Community, Offenses increased overall by 9.2%. Nevertheless,the momentums when considering an advantage to those that do not have transportation. Fort Worth Workforce Western Center closed many years ago.This created tremendous and urgent need for the residents of the West part of Fort Worth; Como Community included. According to Texas Department Criminal Justice (TDCJ)4,976 offenders were released in Fiscal Year 2011 to Tarrant County.ODWIN serves what Tarrant County Reentry Initiative (TCRI)calls, high density areas.Those returning to high density areas, according to TCRI, have higher rates of rearrests, re-conviction,and re-incarceration. Comparative analysis reveals this trend is true at each and every year. Moreover,that in these high density areas 30%are re-arrested,24.2% are re-convicted,and 23.7%are re-incarcerated in a 12 month span. In 24 months the numbers are; 45.1%, 34.2%and 33.3%respectively.The same Data also reveals our service area receives the most parole returns consistently.According to the Legislative Budget Board,the number of adults under felony probation increased every fiscal year from 2005 through 2010. Property and violent offense offenders had the highest recidivism rates.The most prevalent offense, according to the Legislative Budget report, was drug related. (51.5%).A recent study of Texas prisoners revealed that 93 percent felt that finding a job after release was important. Only 15% of respondents reported that they already had a job lined up on the outside. Studies have shown that ex-offenders face more difficulty in obtaining employment than illegal immigrants. According to the National Reentry Center."At least 95%of state prisoners will be released back to their communities at some point,"so we leave the light on. In addition, it adds."Incarceration only exacerbates the challenges of employment for a people who already were experiencing extreme difficulty." We have concluded,through extensive research,when it comes to crime,family violence,and recidivism,substance abuse and unemployment are main areas of concerns.Subsequently, Opening Doors for Women In Need, INC. has incorporated "Change a Llfel The Nehemiah 1IPige Proposal Narrative S C Project, which coordinates and directs workforce development initiatives, and adds significant and vital components to ODWIN. Change A Lifel The Nehemiah Project is dual in development. The Nehemiah Building is now available to provide workshops with classrooms, break rooms, and all the essentials that will facilitate our objectives. Concerning our first stage of workforce initiatives being held at our Resource Center,we have program that enhances our effectiveness.After the initial assessment,we move into what we call "Personal Development"which entails,but not limited to:Accountability, Decision Making, Goal Setting, Cognitive Behavior, Conflict Resolution, and Transitional Adjustment.We then are ready for an overview of Labor Market trends and identifying interest with Marketable skills. We at this time move in our second stage which will include Computer Literacy,Resume Writing/Building, Mock Interviews, and Personal Finance/Budgeting, Referrals,,ton Search and assigned to an active role in Substance Abuse counseling, and/or some intensive type of treatment with the least being actively involved in the"Faith based counseling workshops, seminars, and recovery classes already incorporated into our program and is effectively active. We believe this process lays the necessary foundation to not just"getting a job," but the imperativeness in "keeping a job I"Job Retention is an excellent means of measuring "outcome":which translate into "effectiveness,"subsequently, "success"! CRecidivism in our society has reached epidemic proportion.This vicious cycle must be broken not through arbitrary means of hit and miss,but through a thoroughly systematic manner that would,more often than not, produce the desired result.The mere act of"Recidivism" translates to crime, and thus a lack of safety for residents and the public overall. In contrast, reductions in recidivism translate to a reduction in crime and an increase in safety for residents and the public as well. Reentry programs are society's systematic approach to addressing an issue that filters to the roots of the society, as it affects communities,families, and individuals'lives. if unemployment and crime ridden, poverty-stricken Community of Como, and the Western part of Fort Worth deserves access to such "effective"services and programs skillfully designed to "cultivate the land", and enrich the lives of the demographic it religiously serve. We implore your assistancel Proposal Narrative Exhibit B Budget BUDGET SUMMARY Amount Requested A. Direct Personnel $32,669.00 B. Direct Fringe Benefits $2,499.18 C. Direct Travel $1,013.00 D. Direct Equipment $ E. Direct Supplies $2,642.84 F. Direct Contracts/Consultants $ G. Indirect Cost up to 10% $1,550.16 TOTAL $40,374.18 BUDGET DETAIL A. Direct-Personnel Name Position Rate of Pay x#of hours Cost Clovese Robinson Job Readiness Coordinator 35hrs x 52 wks=1820 $32,669.00 1820 x 17.95 per hour TOTAL Personnel $32,669.00 B. Direct-Fringe Benefits Name Position Description of Benefits Cost Clovese Robinson Job Readiness Coordinator Social Security-$32,669 x 6.2% $2,025.48 Medicare -$32,669 x 1.45% $473.70 TOTAL Fringe Benefits $2,499.18 C. Direct-Travel Purpose of Travel Location Item Cost Milage for Job Readiness Coordinator for 75 miles per month. 75 miles/per month x 0.57 cents x 12 months $513 Travel to community meetings, correction facilities, and visits to prospective employers That have a history of supporting the program by hiring program participants. 300-350 daily to weekly bus passes for participants of program $500 TOTAL Travel $1,013 D. Direct—Equipment Description of the Service Cost $0 E. Direct-Supplies Item Cost per Item Quantity Cost HP Pavilion Desktop Computer 23-g214 1 $749.99 HP Officejet Pro8710 Printer all in one 1 $199.99 Samsung Galaxy Grand Prime Cell Phone 1 $169.99 Service plan for cell service thru Metro PC$40 per month(1 year service) $480.00 sub-total $1,599.97 Item Cost per Item Quantity Cost IIP 952 xl ink cartridges(4 per pk)$100.99 6 pks $605.94 Lexar 8-GB flash drives (4per pk)$14.99 12 pks $179.88 Printer Copier Paper-$30.99(5 reams per case) 6 cases $185.94 Smead File Folders 1/3 cut$13.99 per box 3 boxes $ 41.97 BIC Ball Point Pens-$5.99 per box of 60 2 boxes $ 11.98 Sharpie Markers-$9.19 per box of 12 1 box $ 9.19 Office Depot 1/3 cute file folders 1 box $ 7.97 sub-total $1,042.87 Total Supplies $2,642.84 F. Direct-Contracts/Consultants Description of the Service Cost TOTAL Contracts/Consultants $ * The program budget may use up to 10 percent of the funds requested towards indirect/non- program related expenses. Indirect costs include but are not limited to administrative staff salary, rent or lease payments for administrative offices, utility costs for administrative offices, audit costs and insurance premiums. G. Indirect-Personnel Name Position Rate of Pay x#of Hours Cost Joyce Person Bookkeeper 8 hours(per month)x$15 per hour=$120.00 $1,440 $120.00 x 12= TOTAL Personnel $1,440 H.Indirect—Fringe Benefits Name Position Description of Benefits Cost Joyce Person Bookkeeper $1,440 annually Social Security $1,440 x 6.2% $89.28 Medicare $1,440 x 1.45% $20.88 TOTAL Fringe Benefits $110.16 I. Indirect-Other Costs Item Cost per Item Quantity Cost TOTAL Other Cost $ BUDGET NARRATIVE 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. A. Direct—Personnel The Job Readiness Coordinator will be the heart of the program and will paid $17.95/per hour and work 1,820 hours annually; this comes to $32,669 plus payroll $2,499.48 for payroll taxes (social security, and Medicare at 7.65%of annual salary employer expense)to total$35,176.14. The total request for personnel for the one year of the program will be$35,168.48 for the salary of the personnel under this program. B. Direct_Fringe Employment taxes: Social Security 6.2% employer contribution $2,025.48, Medicare 1.45% employer contribution $473.70 for one year. This represents the employer contribution for payroll taxes for an annual pay for$32,669. Total Fringe for the Job Readiness Coordinator position is$2,499.18 under this program. C. Direct—Travel The paid personnel under the program will be allotted 900 miles annually to travel between Fort Worth and Dallas, Texas (Tarrant County to Dallas County)to ensure rapport, maintain relationships, maintain compliance measures, and ensure the quality and integrity of the program is maintained also in visiting business that have supported the program by hiring graduating participants. The computation of the 900 miles by the IRS Standard Mileage Rates for 2015 at 0.57 cents per mile, which is$513. The needs for transportation assistance is high for the target population, so the project needs access to bus passes to ensure the participants of the project make it to their mandated appointments, employment readiness and searching needs, and their medical needs. Based on the fare ride aid offered by the local transportation it will cost$1.50 per day or$7.50 per week. The agency is requesting $500 for bus passes and anything over this amount will be covered by the agency. D. Direct—Equipment NIA E. Direct Supplies There will be a need for the Job Readiness Coordinator to have one computer Desktop Computer and printer for the sole use by the program participants and paid personnel. Based on various reviews of computers and warranty, a local electronic store Best Buy gave the best quote for at $749.99 for an HP Pavilion Desktop Computer, and a HP Officejet Pro8710 all in one printer at a quote of$199.99. The paid personnel will need a cell phone and based on added line to the agency with initial cost of the phone(smartphone capabilities)at$169.99 and monthly cost of$40 for the service. The total request for equipment needed for the program is$1,599.97. The project will need to offer basic needs kits to the participants as they exit the correctional facility. The basic needs kits will adjust depending on the need of the individual. However; a general need is for toiletries, a couple of days of clothing, shoes, bed linens, and towels are needed for their exit location into a Reentry transitional living offered by the agency or other approved housing referrals. The agency is requesting funds for office supplies, (pens, folders, printer/copier paper, markers, file folders, and ink cartridges for printer) these supplies will be used exclusively for the participants. The total request for supplies needed for the program is$1,042.87 Total cost of Supplies requested is $2,642.84 for the program. F. Direct-Contracts/Consultants None under this grant G.Indirect Cost up to 10% H. Indirect Cost—Personnel Requesting assistance with the cost of additional payroll,reporting, and invoicing for the program as well as having in independent person to review the reports for accuracy. The cost associated with the program will be 8 hours per month at a$15.00 per hour,total of $1,440 per year. I. Indirect Cost—Fringe Benefits The cost associated with the program will be 8 hours per month at a$15.00 per hour,total of $1,440 per year plus fringe benefits is$1,550.16. Requesting fringe expense for Social Security$89.28, and Medicare$20.88 (organization expense)$110.16 for the year. Total indirect fringe benefit cost associated with program is $110.16. J. Indirect Cost—Other Costs BOARD INFORMATION 1. Is your organization registered as a non-profit? If yes, please attach your IRS tax exempt status letter. 2. How many board members does your organization have? 9 3. How often does your board meet? Monthly on third Thursday of the month 4. Who recruits board members? Board Members, staff donors 5. What portion of the board is elected annually? none Exhibit C Request for Reimbursement FORT WORTH Request for Reimbursement(RFR) FY 2017 CRIME CONTROL AND PREVENTION DISTRICT Submit To: Submitting Agency: Opening Doors for Women in Need Bob Bolen Public Safety Complex Contact Name: Sandra Stanley Attn:Brittany Taylor Phone Number: 817-920-9326 Program Support Division Email: slanlevmsCalsbcolobal.not 505 West Felix St. Remit Address: 3507 Horne Street,Fort Worth,TX 76107 Fort Worth,TX 76115 Invoice Number: Month ofRequesC DIRECT COSTS 00%Minimum) ,A B -C D E Total of Previous +C (A-D) Budget Category BudgetAmount Reimbursements Tats Request Atorth's Total Requested Remaining Balance Requested To-Date Available A Personnel - $32,669.00 $ '- - S 32,669.00 B Fringe Benefits S -2,499.18 $ - S=. .2,499.18 C Travel&Training S =--1;013.00 S -- — S 1,013.00 D Equipment E Supplies $ _-:2,642.84. -- - ---- --- F IContracWConsultants - Total Direct Costs S 38 824.02 1$ S S. S 38 824.02 INDIRECT COSTS(10%Maximum) Total of PreviousThis I +C A-D quest's Budget Category BudgetAmount Reimbursements Taint Requested Remaining Balance Requested Request To-Date Available A Personnel S .. 1,41 i. _ -5.. .1,440.00 B Fringe Benefits S 110.16. S_ - S 110.16- * Travel&Training IS $ - D Equipment S - $ E Supplies F Contracts/Consultants Total lnDirect!'OSIS S =-1550.16 5 - - - --- S - 1550.16: Supporting documents required with monthly requests. Summary: This includes,timesheets depicting CCPD funded activities, Total Budget: S 40,374.18 copy ofpaychecls,invoices and receipts detailing all CCPD Previous Requests: S - runded expenditures. This Request: S Total Requested To-Date S Remaining-Funds S 40,374.18 have reviewed this request and certify that these listed expenses and support documentation are accurate. Authorized Signatory Signatory Title Date -_ - -= = FiscalAgentUseOnly- ' - - Purchase Order# Fund Dept ID Account RFRApprored ForPolana,t Chant Staff Signature Date Finance Received Stamp Placed Below Exhibit D Program Activities Report FORT WORTH CRIME CONTROL &PREVENTION DISTRICT Fiscal Year 2017 Monthly Program Activities Report Current Reporting Month Submitting Agency Opening Doors for Women in Need Contact Name Sandra Stanley Phone Number and Email 817 938 84151 stanleyms@sbcglobal.net Remit Address 3507 HORNE Fort Worth,Texas 76107 Activity:: _ Current : .To Date Year IVlonth Total End Tofa1 Goal 1 Individual assessment of clients with appropriate placement in the course 75 clients 2 Recruitment of clients for the program 75 clients 3 Classes taught throughout the duration of the year 144 classes 4 Evaluation of program/classes to continually improve services for clients. 75 clients 5 Support group meet weekly for program graduates 75 clients I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Exhibit E Program Effectiveness Measurement Report FORT WORTH CRIME CONTROL &PREVEMION A1smcr Fiscal Year 2017 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Opening Doors For Women In Need Contact Name Sandra Stanley Phone Number and Email 817 938 8415/stanleyms@sbeglobal.net Remit Address 3507 HORNE Street Fort Worth. Texas 76107 Please include outcome narrative that describes hove measure was accomplished for each quarter. -- . Effectiveness Measures and Quarterly Outcomes Measure 1 75% of job readiness clients will obtain employment Outcome Measure 2 75%will program clients will meet goals set at pre-evaluation in relation to the Job Readiness program Outcome Measure 3 75%will of program clients will not commit a crime Outcome Measure 4 75%program clients will report an increase in self-esteem for successful job interviews and retention based upon pre and post evaluation assessments Outcome Measure 5 50% of program client that attend the entrepreneurial workshop will complete business plans. 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: 1St Quarter(Oct-Dec) due January 15 2"d Quarter(Jan-Mar) due April 15 3rd Quarter(Apr-June) due July 15 4th Quarter(Jul-Sep) due October 15 Exhibit F Request for Budget Modification FORT WORT CRIME CONTROL &PREVENTION DISTRICT • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval • Modifications cannot be made between Direct and Indirect costs Exhibit F Request for Budget Modification Fiscal Year 2017 Date Submitting Agency Opening Doors for Women in Need Contact Name Sandra Stanley Phone Number and Email stanleyms@sbeglobal.net Remit Address 3507 Horne Street,Fort Worth,TX 76107 DIRECT COSTS 9.0%o minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Program Services Travel and Training Other Approved Total Direct Costs 1 -1INDIRECT COSTS: 10%:maximum Budget Category Approved Budget Change Reguested Revised Budget Personnel Supplies&Equipment Operational Services Travel and Training Facilities&Utilities Other Approved Total Indirect Costs 7Glodlficatlorilarrative-(descxibe tri_=detail-yvhat'clai�ge-is fob-_ --- . 1 have reviewed this request and cert that the listed modifications are correct. Authorized Signatory Signatory Title Date EWPD.STAFF_USE ONLY ® Modification Approved QModification NOT Approved FWPD Staff Signature Date