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HomeMy WebLinkAboutContract 49720 CITY SECRETARY 1491 STATE OF TEXAS § CONTRACT NO. "C O COUNTIES OF TARRANT, WISE § AND DENTON § UNITED COMMUNITY CENTERS,INC. SAFE HAVEN YOUTH PROGRAM—BETHLEHEM This Agreement is made between the City of Fort Worth("City"),a municipal corporation, acting herein by and through Valerie R Washington,its duly authorized Assistant City Manager, and United Community Centers, Inc., ("UCC") acting by and through Celia Esparza, it duly authorized President/CEO. RECITALS WHEREAS, City has determined that Safe Haven Youth Programs are necessary to support the City's commitment to crime prevention throughout the City. The Safe Haven Youth Programs will enhance the prevention focus previously adopted by the police department, support the community,an d provide a secure environment for children;and WHEREAS,UCC has agreed to operate a Safe Haven Youth Program which will provide a secure environment in which children can receive educational tutoring assistance,and support the adoption of a prevention focus by the police department and the community;and WHEREAS,City desires to enter into an agreement with UCC to operate the Safe Haven Youth Program at their Bethlehem Community Center("SITYP");and WHEREAS,City,as consideration for the performance of UCC,has appropriated monies in the Crime Control and Prevention District("CCPD")Fund Budget in the amount of$132,990.00 ("Program Funds") to provide to UCC on a reimbursement basis for the operation of the UCC SITYP 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 P� 2 � 3 The Agreement documents shall include the following: RF 1. This Agreement for the UCC SITYP • �, / 2. Exhibit A—Scope of Work a, l FQ a 0 3. Exhibit B—Budget co -, 4. Exhibit C—Request for Reimbursement r- 5. 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report 1s£ 7. Exhibit F—Request for Budget Modification l Wd Exhibits A through F, which are attached hereto and incorporated herein, made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of SAFE HAVEN—United Community Center OFFICIAL RECORD CFW and UCC 2018 CITY SECRETARY Pagel of 21 FT. NORTH,TX Exhibits A through F,and the terms and conditions set forth in the body of this Agreement,the terms and conditions set forth in the body of this Agreement shall control. DEFINITIONS The term"City"shall include City,and its officers,agents,employees,and representatives. The term"UCC"shall include United Community Centers, Inc., and its officers,agents, employees,representatives, servants,contractors,and subcontractors. The term"Party"shall refer to either City or UCC. The term"Parties"shall refer to both City and UCC. AGREEMENT 1. Responsibilities of UCC. UCC covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit"A" —Scope of Work. UCC shall be responsible for day-to-day administration of the UCC SITYP. UCC agrees to expend the Program Funds in accordance with its UCC SITYP budget,described in Exhibit"B"—Budget. Program activities shall be reported in accordance with Exhibit"D" Program Activities Report and effectiveness measurements shall be reported in accordance with Exhibit`B"Program Effectiveness Measurement Report. 2. Program Funds. 2.1 In no event shall the total distribution from City made to UCC during the term of this Agreement exceed the total sum of$ 132,990.00("Program Funds"). 2.2 Payment of the Program Funds from City to UCC shall be made on a cost- reimbursement basis following receipt by City from UCC of a signed Request for Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support documentation. UCC shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by UCC or duly authorized officer of UCC. The RFR and monthly Program Activities Report shall be submitted to City no later than the 151 day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. The monthly RFR with an original signature by an authorized representative must be submitted to the to the Grant Management Section of the Fort Worth Police Department,ATTENTION: Grant Specialist,Bob Bolen Public Safety Complex,505 W.Felix St.,Fort Worth,Texas, 76115.Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. Additionally, a quarterly Program Effectiveness Measurement Report from UCC 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 UCC 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,UCC must SAFE HAVEN—United Community Center CFW and UCC 2018 Page 2 of 21 submit the Budget Modification Form (Exhibit "F") to City, with the monthly RFR, in the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five(5)percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form(Exhibit"F')must be submitted,and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit "F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3,2.4 and 2.5. The Budget Modification Form (Exhibit"F") shall be submitted to the Grant Management Section of the Fort Worth Police Department,ATTENTION:Grant Specialist,Bob Bolen Public Safety Complex at 505 W.Felix St.,Fort Worth,Texas,76115. 3. Term. This Agreement shall commence upon October 1, 2017 ("Effective Date"), and shall end on September 30, 2018 ("End Date"). All of UCC's expenditures under this Agreement must be completed no later than September 30, 2018. 4. Program Performance. 4.1 UCC agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 UCC 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 `B," respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending,details of the activities,and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15''day after the end of each month. 4.3 UCC agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 151 day after the end of each month. Should UCC not meet these requirements, UCC will be given an SAFE HAVEN—United Community Center CFW and UCC 2018 Page 3 of 21 additional 15 days to submit the required reports to City. If,at the end of this 15-day extension period, UCC has not submitted the required reports, City will send a non-compliance letter notifying UCC's duly authorized representative of a possible suspension of program funding. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to UCC 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 timely 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 UCC under or in connection with this Agreement. 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. 5.2 This Agreement may be terminated by City, in whole or in part, at any time and for any reason upon written notice as specified in section 5.3. 5.3 Termination will be effected by delivering to UCC a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon UCC's receipt of notice of termination, UCC 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. 5.4 In the event City suspends or terminates this Agreement, UCC 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. 5.5 Within thirty(30)days following the date of termination of this Agreement,UCC shall return to City any property provided hereunder.City will have no responsibility or liability for UCC'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. UCC shall maintain all equipment used in the administration and execution of the UCC SITYP. UCC shall maintain, replace, or repair any item of equipment used in support of the UCC SITYP and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance,replacement, or repair of any equipment used in support of the UCC SITYP and/or for use under the terms of this Agreement is the sole responsibility of UCC. UCC shall not use Program Funds or City funds to repair or replace said equipment.UCC shall use any and all equipment purchased with SAFE HAVEN—United Community Center CFW and UCC 2018 Page 4 of 21 Program Funds exclusively in support of the UCC SITYP. Within 10 days following the purchase of equipment, UCC shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Research and Planning 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 UCC 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 UCC under this Agreement. UCC, 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 UCC's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice.UCC shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to UCC by City. If questions are not resolved within this period,City reserves the right to withhold further funding under this and/or future contract(s)with UCC. 7.3 If, as a result of any audit, it is determined that UCC misused, misapplied, or misappropriated all or any part of the Program Funds, UCC 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 UCC's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing of UCC SITYP assets as appropriate, if deemed required by City in its sole discretion. 7.5 UCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by UCC under this Agreement and City shall have access at all reasonable hours to offices and records of UCC,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 UCC shall operate hereunder as an independent contractor and not as an officer, agent,or servant or employee of City. UCC 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, SAFE HAVEN—United Community Center CFw and UCC 2018 Page 5 of 21 members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior shall not apply as between City and UCC, 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 UCC.No federal,state,or local income ax,nor any payroll tax of any kind, shall be withheld or paid by City on behalf of UCC. UCC 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,o r invitees of UCC,an d 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 UCC, 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 UCC, 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. UCC SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPER TYDAMAGE,AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF UCC, ITS OFFICERS,AGENTS,SERVANTS,OR EMPLOYEES. UCC AGREES TO DEFEND, INDEMNIFY,AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO 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) UCC's BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(II) ANYNEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF UCC, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIM, 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 UCC 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 IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. UCC 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. SAFE HAVEN—United Community Center CFW and UCC 2018 Page 6 of 21 This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by UCC 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 UCC SITYP is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the UCC SITYP during his tenure or for one year thereafter,shall have any interest, direct or indirect, in any contract or subcontract,or the proceeds thereof,for work to be performed hereunder.UCC 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 UCC 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 UCC of any land, materials, supplies,or services purchased with any funds transferred hereunder,except on behalf of UCC, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge,expressed or implied,of UCC 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, UCC 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 UCC will not unlawfully discriminate against any person or persons because of age, race,color,religion,sex,disability,national origin,or sexual orientation,nor will UCC permit its officers,members,agents, employees,subcontractors, or program participants to engage in such discrimination. 13. Compliance. 13.1 UCC, 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 UCC any such violation on the part of UCC or any of its officers,members,agents,employees,subcontractors, or program participants,then UCC shall immediately desist from and correct such violation. 13.2 UCC 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 UCC to any such violations on the part of UCC or any of its officers,members,agents,employees,program SAFE HAVEN—United Community Center CFw and UCC 2018 Page 7 of 21 participants, or subcontractors, then UCC shall immediately desist from and correct such violation. 14. Waiver of Immunity. If UCC 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,UCC hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect City's immunities under constitutional,statutory,or common law. 15. Insurance Requirement. 15.1 UCC shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability(CGL): $1,000,000 per occurrence,with a$2,000,000.00 annual aggregate limit,in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a$1,000,000 annual aggregate limit,in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and$100,000 Property Damage. 15.2 UCC's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement,except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 UCC further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect UCC and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 15.5 The commercial general liability policy shall name the City as an additional insured thereon,as its interests may appear. 15.6 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. 15.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. SAFE HAVEN—United Community Center CFW and UCC 2018 Page 8 of 21 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. 16. Miscellaneous Provisions. 16.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence,paragraph,or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board, or commission having jurisdiction over the subject matter thereof,such invalidity shall not affect other provisions which can be given effect without the invalid provision. 16.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 16.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution,performance,attempted performance,or non-performance of this Agreement,venue for said action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 16.4 UCC represents that it possesses the legal authority, pursuant to any proper, appropriate, and official motion, resolution, or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument including Exhibits A through F, 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. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following: (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,return receipt requested);and(iii)addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending Ply: CITY: Valerie R.Washington,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Copies To: Grant Management Section Bob Bolen Public Safety Complex 505 W.Felix St. Fort Worth,TX 76115 SAFE HAVEN—United Community Center CFw and UCC 2018 Page 9 of 21 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth,TX 76102 UCC: Celia Esparza,President and CEO United Community Centers,Inc., 1200 E Maddox Avenue F ort Worth,TX 76104 16.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance, or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly,any such sectarian or religious facility or activity. 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and UCC and are not intended to create any rights,contractual or otherwise,to any other person or entity. 16.10 The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 16.11 City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services.Contractor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. To the extent allowed by law,Contractor shall indemnify City from any penalties or liabilities due to violations of this provision.City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.12 It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] SAFE HAVEN—United Community Center CFW and UCC 2018 Page 10 of 21 IN WITNESS WHEREOF,the parties hereto have'executed this a ree ent 'n multiples in Fort Worth,Tarrant County,Texas,to be effective this day of 0 APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR OF FORT WORTH UNITED COMMUNITY CENTERS, IN Valerie R.Washington G�— Assistant City Manager Celia Esparza �',�l 1,� President 1 CEO Date: Date: l - a O APPROVAL RECOMMENDED APPROVED AS TO FORM AND LEGALITY FOR UCC PC'hie Joel F.Fitzgerald Chief of Police UCC Attorney Date: O�–;-�–I� Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORT ATTEST Jo ate A istant City Attorney Mary J.K s F o R T�2 City Secretary �' O�' Date: AC 7 �j Date: / `Z U-; Form 1295 Certification No: 2017-250316 M&C No. !p� •• Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ,,,,;uring all performance and reporting requirements. Name Title \ OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX SAFE HAVEN—United Community Center CFW and UCC 2018 Page 11 of 21 EXHIBIT A SCOPE OF WORK The Scope of Work is to be performed and documented in compliance with the monthly program activities and quarterly effectiveness measurement reports outlined in exhibits D and E. SAFE HAVEN—United Community Center CFw and UCC 2018 Page 12 of 21 Exhibit B BUDGET NARRATIVE FISCAL YEAR 2018 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. INDIRECT COSTS CANNOT EXCEED 10%OF THE APPROVED BUDGET DIRECT PROGRAM COSTS (90% Minimum): A. Personnel: Salaries ($110,000.00) All personnel work at Bethlehem Center 100% with the exception of the Program Director who works 20%of the time at Bethlehem Center. Director of the Center has a bachelor's degree and is an experienced teacher and coach.He will be focused on grant activities working with instructors in classroom, working with parents and schools in partnership to ensure successful outcomes for students, working with educational consultant to ensure quality instruction and curriculum, and ensuring that Center remains safe and attractive environment conducive to growth and development of students. (70.0%of salary to grant) Assistant Director, an experienced instructor and a Center office manager, assists Director with activities outlined above, including daily interaction with students and parents at the front desk, keeps everyone and everything on schedule, and is in charge of the Center whenever the Director is not at Bethlehem Center. The Assistant Director ensures that nutritious meals are served to all students. The Assistant Director ensures that all staff and volunteers follow safety guidelines and procedures. (70.0%to grant) Program Director together with the ACT III Instructor works directly on curriculum and instruction of students and deals with the special challenges of the youth as they transition through adolescence to becoming young adults. (ACT III stands for Awareness Changes for Tomorrow in Self, Family and Community) provides activities that lead to the positive academic, social/emotional and physical development of youth See Exhibit A Scope of work for more detail. Program Director ensures records are kept appropriately on ACT III students and monitors student progress.Program Director also ensures compliance and quality control for our educational enrichment program and works with Director, Educational Specialists, to ensure program success. In addition Program Director ensures compliance with State licensing requirements for after-school care. (20.0% to grant) ACT III Instructor works directly on curriculum and instruction of students and deals with the special challenges of the youth as they transition through adolescence SAFE HAVEN—United Community Center CFw and UCC 2018 Page 13 of 21 to becoming young adults. (ACT III stands for Awareness Changes for Tomorrow in Self, Family and Community) provides activities that lead to the positive academic, social/emotional and physical development of youth. (80%to grant) Educational Enrichment Program (EEP) Instructors implement guided reading program components, prepare and implement lesson plans, manage classroom behavior, provide caring and nurturing environment, and ensure safe environment. (80%to grant) Custodian ensures center is clean and safe.The custodian also functions as a driver to transport students from schools. Makes sure food is received and stored for meals. Works to ensure that all maintenance items are reported for follow-up.Does safety checks on vehicles. (50%to grant) Safe Haven Salary Budget Grant Grant Salaries Hours Director $41,000.00 70% $ 28,700.00 1,456 .Assistant Director $21,840.00 70% $ 15,288.00 1,456 Program Director $45,000.00 20% $ 9,000.00 416 EEP Instructor $10,000.00 80% $ 8,000.00 800 E E P I nstructo r $10,000.00 80% $ 8,000.00 800 EEP Instructor $10,000.00 80% $ 8,000.00 800 EEP Instructor $10,000.00 1 80% $ 8,000.00 800 EEP Instructor $ 4,500.00 ' 80% $ 3,600.00 360 EEP Instructor $ 2,150.00 80% $ 1,720.00 172 EEP Instructor $ 2,150.00 80% $ 1,720.00 172 ACT III Instructor $10,000.00 80% $ 8,000.00 800 Custodian/Driver $19,944.00 50% $ 9,972.00 1,000 Total $110,000.00 9,032 B. Fringe Benefits ($6,598.00)Mandatory employer paid FICA on salaries 110,000 x 7.65% x 78.4% charged to grant=6,598.00 C. Travel and Training D. Equipment: E. Supplies($2.00) Office Supplies and Teaching Aids F. Contracts/Consultants: ($16,390.00) Contracts are with Educational Consultants, literacy coaches and professional educators with more than 50 years of experience, who work directly with teachers and staff including training, modeling lessons, helping with lesson plans, and testing of students. The consultants test each student to place student in appropriate small reading group and then test at end of school year to measure outcome of educational program. Also the consultants communicate with parents, and school SAFE HAVEN—United Community Center CFW and UCC 2018 Page 14 of 21 personnel to enhance a partnership that leads to academic success for students. 936.55 hours x 25.00 per hour x 70% charged to grant=$16,390.00 INDIRECT COSTS (10% Maximum): A. Personnel: B. Fringe Benefits: C. Travel and Training: D. Equipment: E. Supplies: F. Contracts/Consultants: G. Other Approved: SAFE HAVEN—United Community Center CFW and UCC 2018 Page 15 of 21 Exhibit B Budget Summary Fiscal Year 2018 DIRECT PROGRAM COSTS(90%Minimum) Total $132,990.00 A.PERSONNEL Director(1)-$41,000.00* 70% $28,700.00 Assistant Director(1)-$21,840.00*70% $15,288.00 Program Director(1)-$45,000.00*20% $9,000.00 EEP Instructors(4)-$10,000.00*80% $32,000.00 EEP Instructor(1)-$4,500.00*80% $3,600.00 EEP Instructors(2)-$2,150.00 *80% $3,440.00 ACT III Instructor(1)-$10,000.00*80% $8,000.00 Custodian/Driver(1)-$19,944.00*50% $9,972.00 PERSONNEL TOTAL: $110,000.00 B.FRINGE BENEFITS FICA-$110,000*7.65%*78.4% $6,598.00 FRINGE BENEFITS TOTAL $6,598.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D.EQUIPMENT EQUIPMENT TOTAL $0.00- E.SUPPLIES Office Supplies $1.00 Teaching Aids $1.00 SUPPLIES TOTAL $2.00 F.CONTRACTS/CONSULTANTS Educational Specialists $16,390.00 CONTRACTS/CONSULTANTS TOTAL $16,390.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 INDIRECT PROGRAM COSTS(30%Maximum) Total $0.00 A.PERSONNEL None PERSONNEL TOTAL: $0.00 B.FRINGE BENEFITS SAFE HAVEN—United Community Center CFW and UCC 2018 Page 16 of 21 None FRINGE BENEFITS TOTAL $0.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D.EQUIPMENT None EQUIPMENT TOTAL $0.00 E.SUPPLIES None SUPPLIES TOTAL $0.00- F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $132,990.00 SAFE HAVEN—United Community Center CFw and UCC 2018 Page 17 of 21 Exhibit C FORT WORTH. Request for Reimbursement(RFR) .F.Y.2018. , CRIME CONTROL AND PRE%T-NTK)N DISTRICT "..1.1.11, . Submit To._:. .. . i Submitting Agency: United Community Center,Inc. Bob Bolen Public Safety Complex i ContactNamr: Alta Brittany Taylor Phone Number: 817-927-5556 Financial Management Division f Email- dcamr)ion(&unitedrommundvrenters.or,3 505 West Felix St. Fort Worth,TX 76115 Remit Address: (200 E.Maddox Ave.,Fort Worth,T) Invoice Number. Month ofRequest DIRWTCOSTS(90%Misimm) A B C D E Total of PraviousThis Mouth's (B+C) (A-D) Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance Requested To-Date Available A Personnel s 110,000.00 S S 110,000.00 B Fringe Benefits S 6,598.00 S 5 6,598.00 C Travel&Training $ is 5 Equipment S 2S E Supplies $ 2.00 1 S 2.00 F Conn-acts/Consultants S 16,390,00 % $ 16390.00 Total Direct Costs $ 132,990.00 S is 13290,00 INDUU)CTCOSTS(10%Masirnurn) A II C D E Total of PreviousThis Mouth's (B+C) (A-D) Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance Requested TwDate Available A Personnel S S B Fringe Benefits S S - I C Tra,ei&T-nwi s 5 , 1Supplies S Supplies5 F C.wm�tslconsullanls S ITotal InDirect Costs $ - $ S Supporting document squired with monthly requests. Summary This incudes,timesheets depicting CCPD fianded activities, Total Budget: S 132,990.00 copy ofpaycbwks,invoices and receipts detarfingall CCPD Previous Requests: S - flooded espenditurcs. This Request: S Total Requested To-Date S - Remaining Funds S 132,990.00 .............. 't have'reviewed' "this request and RgTf6 that LhqF.,..sited expenses.........._"'support docvmentat�on----- Authorized Signatory Signatory Thle Date Fiscal Agent Use Only Purchase Order# Fund D,,m ID A—mi RFR Affl—W Fore p"I Grant StaffSignatum Date Finance Received Stamp Placed Below SAFE HAVEN—United Community Center CFW and UCC 2018 Page 18 of 21 Exhibit D Fiscal Year 2017 Monthly Program Activities Report Current Reporting Month Submitting Agency United Community Center, Inc. Contact Name Don Campion Phone Number and 817-927-5556 dcampion@unitedcommunityicenters.org Email Remit Address 1200 E. Maddox Ave. Activity Current To Date Year End Month Total Gaal Total 1 Number of new unduplicated student participants in the Educational Enrichment Program, including Summer Enrichment Program participants. 150 2 Number of hours student participants spend in Educational Enrichment Program activities during the school year. 25,000 3 Number of hours student participants spend in Summer Enrichment Program activities during summer months 14,000 4 Number of unduplicated student participants in the ACT III program. 122 5 Number of hours student participants spend in the ACT III program. 9,500 6 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 SAFE HAVEN—United Community Center CFw and UCC 2018 Page 19 of 21 Exhibit E Fiscal Year 2018 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency United Community Centers, Inc. Contact Name Don Campion Phone Number and 817-927-5556 dcampion@unitedcommunityicenters.org Email Remit Address 1200 E Maddox Ave. Fort Worth,TX 76104 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 70%of Kindergarten through fourth grade students attending at least 80%of the time increased at least three reading levels during the grant year. Outcome Measure 2 70%of fifth through eighth grade students attending at least 80%of the time increased at least two reading levels during the grant year. Outcome Measure 3 70%of students reading three levels or more below grade level attending at least 80%of the time increased at least two reading levels during the grant year. Outcome Measure 4 80%of Summer Enrichment Program students attending at least 80%of the time maintained or improved their reading level during the summer months. Outcome Measure 5 70%of youth who attend at least 80%of the time show a 10%increase in resilience over the grant year using the Wagnild—Young resilience scale on a pre and post-test basis. 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 SignatoryS ignatory Title Date Report due each quarter: 11t Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15 3'd Quarter(Apr-June)due July 15 4t'Quarter(Jul-Sep)due October 15 SAFE HAVEN—United Community Center CFw and UCC 2018 Page 20 of 21 • ;_`p 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 cost Exhibit F Request for Budget Modification Fiscal Year 2018 Date Submitting Agency United Community Center, Inc. Contact Name Don Campion Phone Number and 817-927-5556 dcampion@unitedcommunitycenters.org Email Remit Address 1200 E. Maddox Ave., Fort Worth,TX DIRECT COSTS(90%minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Direct Costs INDIRECT COSTS(10%maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative (describe in detail what change is for) I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date STAFF US.E ONLY Modification Approved Modification NOT Approved FWPD Staff Signature Date SAFE HAVEN—United Community Center CFW and UCC 2018 Page 21 of 21 M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo�TH REFERENCE ,, 35UNITED COMMUNITY DATE: 9/26/2017 NO.: C-28405 LOG NAME: CENTERS SAFE HAVEN YOUTH PROGRAM FY18 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreement with United Community Centers, Inc., in the Amount of $132,990.00 for the Operation of a Safe Haven Youth Program at the Bethlehem Community Center Located at 970 East Humbolt Street for Fiscal Year 2018 (CCPD Funded) (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with United Community Centers, Inc., in the amount of$132,990.00 for the operation of a Safe Haven Youth Program at the Bethlehem Community Center for Fiscal Year 2018. DISCUSSION: Youth Safe Havens are places where children in targeted neighborhoods can play and learn with other children without fear of being victims of a crime. The original Safe Haven Program was operated in the southeast part of Fort Worth and was later expanded to other neighborhoods in Fort Worth. The Safe Haven Youth Program at the Bethlehem Center is a prevention program operated by the United Community Center. The program provides after school programming for at-risk children and youth. The program also seeks to address factors that lead to at-risk behavior at home and school. During the course of the year, a typical participant will spend more than 1,000 hours participating in cultural, sport, and educational activities. The participating children and youth primarily live in the 76104 zip code, which is located in Council District 8. This Agreement will be effective October 1, 2017, and end on September 30, 2018. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2018 Budget by City Council,funds will be available in the Fiscal Year 2018 Budget of the Crime Control and Prevention District Fund, and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget I Reference# Amount ID I I ID I I Year Chartfleld 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore(4223) ATTACHMENTS HB1295 SH UCC.Pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25064&councildate=9/26/2017 9/27/2017 M&C Review Page 1 of 1 r Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo�H REFERENCE 35UNITED COMMUNITY DATE: 9/26/2017 NO.: C-28405 LOG NAME: CENTERS SAFE HAVEN YOUTH PROGRAM FY18 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreement with United Community Centers, Inc., in the Amount of $132,990.00 for the Operation of a Safe Haven Youth Program at the Bethlehem Community Center Located at 970 East Humbolt Street for Fiscal Year 2018 (CCPD Funded) (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with United Community Centers, Inc., in the amount of$132,990.00 for the operation of a Safe Haven Youth Program at the Bethlehem Community Center for Fiscal Year 2018. DISCUSSION: Youth Safe Havens are places where children in targeted neighborhoods can play and learn with other children without fear of being victims of a crime. The original Safe Haven Program was operated in the southeast part of Fort Worth and was later expanded to other neighborhoods in Fort Worth. The Safe Haven Youth Program at the Bethlehem Center is a prevention program operated by the United Community Center. The program provides after school programming for at-risk children and youth. The program also seeks to address factors that lead to at-risk behavior at home and school. During the course of the year, a typical participant will spend more than 1,000 hours participating in cultural, sport, and educational activities. The participating children and youth primarily live in the 76104 zip code, which is located in Council District 8. This Agreement will be effective October 1, 2017, and end on September 30, 2018. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2018 Budget by City Council,funds will be available in the Fiscal Year 2018 Budget of the Crime Control and Prevention District Fund, and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID _ _ ID Year (Chartfield 21 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I YearChartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore (4223) ATTACHMENTS HB1295 SH UCC.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25064&councildate=9/26/2017 9/27/2017 ti 0 C) 0 0 0 0 0 F N O O O O O O 04 = O O N O O O O O O O 6 6 6 6 6 N O O O O O O O O O O O NT It It It It � � 66) 6�R 66) 6R O O O O O O O O O C ER 6R E9 64). O O O O O O 69. � OER O O69. 069 O O O O O O 69. 69. OER O O a d 44) 0 o 0 0 0 0 0 C o 0 o O o 0 Lci Lci 0 Lci vi o O o 0 0 (D o O 0 0 0 0 Q. Q It It It le p N to 69 64). 69 69 u% M � O p U y a r L to O a V > 00)0) O. d _ Q a = O rr m O W 'a V y — W T fn E N L 0 r M W a C ~ U o E Uc ` NU U c r C. O N 0 ca o rn ❑� otS Ln r+ i G1 M m d U O E 0 0 0 E . y3 LO Cl) cn Q O El WI 0 w w p i CERTIFICATE OF INTERESTED PARTIES FORM 1295 ! 1 Complete Nos.i-4 and B if there are Interested parties. OFFICE USE ONLY Complete Nos.L 2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-250316 United Community Centers,Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 08!16!2017 being filed. United Community Centers,Inc. Date Acknowledged: i D 1 N, 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Safe Haven Youth FY 2018,CCPD Educational and Social crime prevention services for needy children and youth-Inner city Fort Worth 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Campion,Donald Fort Worth,TX United States X Esparza,Celia Fort Worth,TX United States X Smiley,Kevin Fort Worth,TX United States X Simpson,Margie Fort Worth,TX United States X 1 Rossi,Mae Fort Worth,TX United States X Malloy,Michael Fort Worth,TX United States X 5 Check only it there is NO interested Party. ❑ II Y 6.AFFIDAVIT S I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct. t ELIZABETH ASHLEY JOHNSON Notary IDs 129171714 My Commission Expires December 20.20?0 Signature of authorized agent of contracting business entity ; AFFIX NOTARY STAMP!SEAL ABOVE Sworn to and subscribed before me,by the said � � ,this the day of 20 to certify which,witness my hand and seal of office. z Signature of officer a nista' Printed name of officer administering oath Title of officer 156ANstering oath I Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883