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HomeMy WebLinkAboutContract 51357 CITY SECRETARY CONTRACT NO. AGREEMENT FOR THE OPERATION OF THE FISCAL YEAR 2019 COMIN' UP GANG INTERVENTION PROGRAM In consideration of the mutual covenants, promises and agreements contained herein, THIS AGREEMENT("Agreement")is made and entered into between CITY OF FORT WORTH,a home rule municipal corporation of the State of Texas, ("City") acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and BOYS & GIRLS CLUBS OF GREATER TARRANT COUNTY, INC., a Texas non-profit corporation ("Contractor") acting by and through Daphne Barlow Stigliano,its duly authorized Chief Executive Officer. RECITALS WHEREAS,City has determined that the Comin' Up Gang Program is necessary to support crime prevention in City during Fiscal Year 2019 to meet one or more of the Crime Control and Prevention District ("CCPD")goals,which are(1)to support efforts to reduce violent crime and gang-related activities through enhanced enforcement activities and crime prevention programs,(2)to support efforts to increase the safety of residents and to decrease crime throughout Fort Worth neighborhoods, and (3) to support efforts to increase the safety of youth and reduce juvenile crime through crime prevention and intervention programs; and WHEREAS, Contractor has agreed to operate the Comin' Up Gang Intervention Program (the "Program"), which will support the Fort Worth Police Department's crime prevention efforts throughout the community; WHEREAS, the City is committed to providing a safe environment for the citizens of the Fort Worth,Texas; WHEREAS,City desires to enter into an agreement with Contractor to operate the Program; 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$1,129,000.00 and an additional amount of$208,350.00 from the General Fund for a total amount of$1,337,350.00("Program Funds"),to provide to the Contractor on a reimbursement basis for the operation of the Program subject to and in accordance with this Agreement; NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Agreement between City and Contractor OFFICIAL RECORD -- 2. Exhibit A—Proposal Abstract and Narrative CITY SECRETARY 3. Exhibit B—Budget FT.WORTH,TX 4. Exhibit C—Request for Reimbursement 5. Exhibit D—Program Activities Report RECFjVEc? 6. Exhibit E—Program Effectiveness Measurement Report OCT 4 201 R 7. Exhibit F—Request for Budget Modification clryarFaRT W C17ygECR� OR ATX FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page I of 37 8. Exhibit G—Facility Use Requirements for Diamond Hill and Hillside Community Centers Exhibits A through G,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 G 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,its officers, agents, representatives,and employees. The term "Contractor" shall include Contractor, its officers, agents, representatives, employees, servants, contractors, and subcontractors. The term"Party"shall refer to either City or Contractor. The term"Parties"shall refer to both City and Contractor. The term"General Fund"shall refer to only the portion of money allocated in Fiscal Year 2019 to the Fort Worth Police Department in City's General Fund. 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 Program. Contractor agrees to expend Program Funds in accordance with the Budget as described in Exhibit`B". Program activities shall be reported in accordance with Exhibit"D"and effectiveness measures shall be reported in accordance with Exhibit"E". Contractor agrees to abide by and comply with all requirements included in Exhibit"G" for its use of the two City- owned community centers,Hillside and Diamond Hill. 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 $1,337,350.00 ("Program Funds") for any performance or actions taken to fulfill or further the purpose and program supported by this Agreement. 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 supporting documentation. Contractor shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measures Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by the Contractor or duly authorized officer of the Contractor. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15`x'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 Grant and Financial Management Section of the Fort Worth Police Department, ATTENTION: Grant FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 2 of 37 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 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 Grant and Financial Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist,Bob Bolen Public Safety Complex, 505 W. Felix St.,Fort Worth,Texas, 76115. 3. Term. This Agreement shall commence upon October 1,2018("Effective Date"), and shall end on September 30, 2019 ("Term"). All of Contractor's expenditures under this Agreement must be completed no later than September 30,2019. 4. Program Performance. 4.1 Contractor agrees to maintain full documentation supporting the performance of the work set forth in Exhibit"A." 4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit"D"and Exhibit"E,"respectively. The Program Activities and Effectiveness Measures shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measures shall be reported on a quarterly basis and included in the January,April,July,and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include descriptions of any realized successes. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 151 day after the end of each month. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 3 of 37 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 15`t' 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 and the general fund. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD and the department's general fund,and not from any other monies of City. In the event that funds from the CCPD or the general fund 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 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 5.4. 5.4 Termination will be effected by delivering to Contractor written notice of termination. Upon Contractor's receipt of notice of termination, Contractor shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts,except as may be necessary for completion of the work not terminated; (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds,except as may be necessary for completion of the work not terminated. (f) Comply with all facility requirements included in Exhibit G. 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 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 4 of 37 execution of the Program. Contractor shall maintain, replace or repair any item of equipment used in support of the 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 Program and/or for use under the terms of this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds or City funds to repair or replace said equipment. Contractor shall use any and all equipment purchased with Program Funds exclusively in support of the 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 Grant and Financial 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. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. 7.2 If any audit reveals a questioned practice or expenditure, City shall notify Contractor as soon as reasonably practical. Contractor shall have fifteen(15)days to provide City with a written explanation and any supporting documentation regarding the practice or expenditure. If Contractor fails to resolve or cure the questioned practice or expenditure,to the City's satisfaction, within the fifteen(15) day period, , City reserves the right to withhold further Program Funds under this and/or future agreement(s)with Contractor. 7.3 If,as a result of any audit,it is determined that Contractor misused,misapplied or misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated,plus the amount of any sanction,penalty, or other charge levied against City because of such misuse,misapplication or misappropriation. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. The closeout requirements shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports,making final payments, and disposing of Program assets as appropriate. 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 City shall have access at all reasonable hours to offices and records of CONTRACTOR,its officers,members,agents, employees,and subcontractors for the purpose of such monitoring. Section 7 shall survive the termination or expiration of this Agreement. 8. Independent Contractor. 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. Contractor shall have exclusive control of,and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 5 of 37 solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants,licensees, or invitees,and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No federal, state,or local income tax, nor any payroll tax of any kind, shall be withheld or paid by City on behalf of CONTRACTOR. CONTRACTOR shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, or invitees of CONTRACTOR, and any program participants hereunder are not eligible for,and shall not participate in any employer pension,health,or other fringe benefit plan provided by City. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee,or invitee of the Contractor, nor any program participant hereunder is in the paid service of City. 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 ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. CONTRACTOR 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 MAYRELATE TO,ARISE OUT OF, OR BE OCCASIONED BY(I) CONSULTANT'S BREACH OFANY 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 CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELYINACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED ASA 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. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 6 of 37 This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by Contractor shall be effective without City's prior written approval. 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 Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest,in all contracts and subcontracts hereunder. 11.2 No officer,employee,member,or program participant of Contractor shall have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly,in the sale to Contractor of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination. Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM. This section shall survive the expiration or termination of this Agreement. 13. Compliance. 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all 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. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 7 of 37 15. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption(statutory or otherwise)from and against liability for damages or injury,including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional,statutory or common law. 16. Insurance Requirement. 16.1 Coverages and Limits. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: (a) Commercial General Liability (CGL): $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a$1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least$250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and$100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interests of the City. 16.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. All insurers must have a minimum rating of A-VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. Evidence of self-insurance will also be accepted. 16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. 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 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 thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. 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 Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 8 of 37 17. Miscellaneous Provisions. 17.1 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 17.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 17.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance,attempted performance or non-performance of this Agreement,venue for said action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 17.5 This written instrument and Exhibits A through G, 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 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. 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 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. 17.11 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. 17.12 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 its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form (I-9) which will be subject to review by the City. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to FY 2019 Comin' Up Gang Intervention Program Boys&Girls Chubs of Greater Tarrant County Page 9 of 37 perform such services.CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor,shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 18. Notice. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or via U.S. Postal Service certified mail,postage prepaid, to the address of the other party shown below: CITY: Jesus J. Chapa,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 COPIES TO: Grant and Financial Management Section Bob Bolen Public Safety Complex 505 West Felix St. Fort Worth,TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth,TX 76102 City of Fort Worth Park&Recreation Department 4200 South Freeway, Suite 2200 Fort Worth,Texas 76115 CONTRACTOR: James Newson, Senior Vice President,Operations Boys& Girls Clubs of Greater Tarrant County 3218 E. Belknap St. Fort Worth,TX 7611 19. Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 10 of 37 IN WITNESS WHEREOF,the parties hereto have executed this a�reement in multiples in Fort Worth, Tarrant County,Texas,on the `(� day of SOC 1 � ,201K. APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR BOYS& OF FORT WORTH, GIRLS CLUBS GREATER TARRANT COUNTY Jesus J.Chapa Assistant City Manager Daphne Barlow Stighano CEO,President Date: —�' Date: /a b 4.10/ J APPR LEC MENDED P j APPROVED AS TO FORM AND W LEGALITY FOR BOYS AND GIRLS Chief Joel F.Fitzgerald CLUB GREATER TARRANT COUNTY Chief of Police J> t —A,� 44� Date: ��f Bovs&Girls Club Attorney APPROVED AS TO FORM AND Date: LEGALITY FOR CITY OF FORT WORTH O R T ATTE Matthew A.M:t rray O Assistant City Attorney ~'' J.Kay U Necretary Date: tom- e: Form 1295 Certification No: 26 17—-'•'' M&C No. Contract Compliance Manager: By signing I acknowledge that 1 am the person responsible for the monitoring and administration of this contract,including Exhibits A-F and ens ur'n er a and reporting requirements of the same. Name P<1 w-a 1'60\,Wln OFFICIAL RECORD CITY SECRETARY FT.WORTNy TX FY 2019 Corrin'Up Gang Intervention Program r Boys&Girls Clubs or Greater Tarrant County Page 11 of 37 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. Mission To positively impact the lives of at-risk and gang-involved youth by providing needs- based services and activities as part of the overall collaborative effort to reduce the level of gang violence in Fort Worth. Overview The Comin' Up Gang Intervention Program provides intervention services to gang- involved and affiliated youth between the ages of 13 and 24 and provides access to programs and services to help youth avoid negative and destructive behaviors. The Crime Control and Prevention District funds six Comin' Up Gang Intervention program sites, including Diamond Hill, Hillside,Near Southside, Poly,Northside, and Stop Six. The CCPD funding provides the program with staffing and supplies to serve approximately 640 youth through nightly programming Monday through Friday at each site. Program staff develop truces between rival gangs by working directly with gang leaders to assist with conflict resolution,provide information and referral services, and crisis intervention to defuse potentially troubling or violent situations. Services include: Needs-based curriculum • GED and academic tutoring • Mediation and conflict resolution • Coordination with schools, courts,juvenile probation, gang unit, and law enforcement • Community service opportunities • Organized sports • Occupational skills training and job placement • Mentoring • Case management • Early Intervention Workshops(targeted to at-risk youth not enrolled in the program) Goals • Prevent further gang-related activities of identified gang members by providing needs-based services and activities, including academic programming, mentoring, case management, and job skills development. • Reduce gang activity and violence through truce development,peer mediation, and relationship building activities between rival gangs throughout the city. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 12 of 37 Program Staff The Comin' Up program will utilize a multi-disciplinary, case management approach to perform services and achieve program goals. All staff are background checked and screened for drug use at hire and on an annual basis. Background check determinations are on file for inspection. Program staff include: Program director: The Comin' Up Program Director is responsible for the implementation and successful execution of the Comin' Up program. Duties include but not limited leadership, case management coordination, site programming, facility and child safety, and administrative compliance. Qualifications include: • Bachelor's Degree from an accredited college or university required(social service majors preferred), Master's degree preferred. • Experience with management, grant management, fiscal responsibility, and social service leadership • Minimum 3 years social service experience Site Director: The Comin' Up Site Director is responsible for the implementation and successful execution of coordination of services for the Comin' Up Gang Intervention Program at assigned site. Responsibilities include but not limited to leadership, member participation, case management,program implementation, and safety. Qualifications include: • Bachelor's Degree from an accredited college, social service majors preferred • Experience with management and fiscal responsibility • Minimum two years social service experience Coordinator: The Comin' Up Coordinator is responsible for assisting in the overall operations of the Comin' Up Gang Intervention Program. Responsibilities include but not limited to administrative functions,program coordination, program support, and office management. Qualifications include: • High School diploma or equivalent; some college preferred • One year of responsible administrative experience with demonstrated ability to perform duties Case Manager: The Comin' Up Case Manager, under the supervision of the Site Coordinator, is responsible for the implementation and successful execution of case management services and programs for the Comin' Up Gang Intervention Program. Case Managers provide fundamental support to Comin' Up Program members to achieve short and mid-term indicators and long range outcomes. Responsibilities include but not limited to case management and member services; documentation, data entry and member files; therapeutic relationships and wrap around services; relationships; and safety. Qualification include: • Bachelor's Degree from an accredited college or university required, Master's Degree preferred. Preferred majors and/or degrees include Social Work and Counseling. Licensed social worker or counselor preferred FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 13 of 37 • Minimum of one year experience working with at risk youth and/or gang involved youth • Minimum of 6 months experience with case management Outreach Specialist: The Comin' Up Outreach Specialist, under the supervision of the Comin Up Program Director, is responsible for the outreach,recruitment, and engagement for the Comin' Up Gang Intervention Program at assigned site. Responsibilities include but not limited to outreach and recruitment; member services and programming; case management support; early intervention, documentation and data entry; relationships; and safety. Qualifications include: • High school diploma or equivalent required, some college preferred • Minimum of one year of experience working with at risk youth and/or gang involved youth • Experience working in a social service setting and/or providing social services Teen and Early Intervention Specialist: The Teen &Early Intervention Specialist, under direct supervision of the Branch Director, and indirect supervisor of the Comin' Up Site Coordinator is responsible for teen programming and early intervention. Responsibilities include but not limited to programming; recruitment and member services; early intervention; leadership and development; mentorship; paperwork and data entry; relationships and safety. Qualifications include: • High school diploma or equivalent, some college preferred • Minimum 1 year experience with youth(professional or volunteer), experience with teens preferred Performance Measures • Number of unduplicated program participants • Number of unduplicated program participants enrolled in case management • Number of case management service units for participants enrolled in the case management program • Number of participants making life changes* • Number of inter-site activities • Number of pre-intervention workshops and mentoring sessions *Life Changes are defined as: • Grade Progression • Enlistment into the Armed Forces • Graduating high school • Completion of a semester of college • Completion of vocational or job training • Completion of 90 days employment • Returning to school • Obtaining a GED/High School equivalency • Completion of juvenile or adult probation FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 14 of 37 Exhibit B BUDGET NARRATIVE FISCAL YEAR 2019 TOTAL DIRECT-$1,203,615.00 A. PERSONNEL COSTS-Total$793,240.62 Chief Operations Officer—The Chief Operations Officer provides staff supervision and is directly engaged in the implementation of programs and activities designed to maximize program outcomes. 19%of the Chief Operations Officer's annual salary is allocated to this program based on estimated time and effort expended. ($93,629.95 annual salary @ 19%=$17,789.69) Operations Support Coordinator—The Operations Coordinator assists the Chief Operations Officer and Comin' Up by tabulating and documenting program outcome reports and other program data.The Operations Coordinator also provides direct program support through assisting with procurement,bus maintenance,and activity planning. 19%of the Operations Coordinator's annual salary is allocated to this program based on estimated time and effort expended. ($37,464.42 annual salary @ 19%_ $7,118.24) CU Program Director—The Comin' Up Program Director, under the supervision of the Chief Operating Officer,is responsible for the implementation and successful execution of site based services and programs for the Comin' Up program. The Comin' Up Program Director will develop, implement,and evaluate programs and services that accomplish short to mid-term outcome indicators and long range outcomes in the areas of Academic Success,Healthy Lifestyles and Good Character/Citizenship. Duties include but are not limited to meeting all required program goals and objectives successfully; ensure spending is reasonable,allowable,and allocable;follow and enforce program budget;program planning for each site; create and maintain successful relationships internally and externally;ensure all required activities and services are completed successfully; personnel management to include hiring,training,coaching,and discipline;and ensure compliance with all regulation and legislation. Other responsibilities include motivating and leading staff, site management,participant recruitment and member services,documentation and data entry,maintaining company vehicles and safety. ($68,811.01 annual salary @ 100% =$68,811.01) CU Administrative Assistant—The Comin' Up Administrative Assistant,under the supervision of the Comin' Up Program Director,is responsible to assist in the overall operations of the Comin' Up Gang Intervention Program.The Comin' Up Administrative Assistant sole responsibility is to support and provide services to the Comin' Up program,this position does not support other programs within the organization. The Comin' Up Administrative Assistant deals with a diverse group of important external callers and visitors as well as internal contacts at various levels of the organization. Independent judgment is required to plan,prioritize and organize diversified workload. The Administrative Assistant is responsible for ensuring the consistent collection and entry of participant data to generate weekly and monthly program reports. This position monitors arrest records and bookings to track participant arrests on a daily basis. Programmatic support includes the processing of purchase orders,purchasing supplies,tracking requisitions,organizing meetings,special events,and trainings. The Administrative assistant assists with the processing of participant referrals and tracks community service hours for participants. Other responsibilities include but not limited to administrative functions such as reporting, answer phone, create correspondence,reporting,maintain office equipment,provide customer services,and maintain positive relationships. (32,405.18 annual salary @ 100%=$32,405.18) FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 15 of 37 Site Service Director(4 Full-time Positions)—The Comin' Up Site Service Director,under the supervision of the Comin Up Program Director,is responsible for the implementation and successful execution of program services and gang intervention services for the Comin' Up Gang Intervention Program at assigned site. Two of the Site Service Directors will also provide direct supervision and programming guidance to sites housed in city/parks facilities. The Site Service Director provides fundamental support to Comin' Up Program members to achieve short and mid-term indicators and long range outcomes. Comin Up Gang Intervention Program serves gang-involved youth between the ages of 13-24 years in Fort Worth communities. Responsibilities include supervision and leadership of staff,site management,recruitment and member services,documentation and data entry,building and maintaining relationships, fleet management,safety, and successfully meet all program goals and objectives. Comin' Up Program staff along with Case Managers provides needs-based services and activities in efforts to reduce gang violence and influence positive change. (4 Positions @ 100%_$211,489.46) Case Manager(5 Full-time Positions)—The Comin' Up Case Manager is responsible for the implementation and successful execution of case management services and programs for the Comin' Up Gang Intervention Program. Case Managers provide fundamental support to Comin' Up Program members to achieve short and mid-term indicators and long range outcomes. Comin Up Gang Intervention Program serves gang-involved youth between the ages of 13-24 years in Fort Worth communities.Comin Up Program along with Case Managers provides needs-based services and activities in efforts to reduce gang violence and influence positive change. Responsibilities include recruitment,providing services to members,group facilitation,case management,documentation and data entry,building relationships,assist site staff and cover sites as needed,and safety. (5 Positions @ 100% _$184,197.88) Outreach Specialist(6 Full-time Positions)—The Outreach Specialist will assist with participant recruitment and engagement.Outreach Specialists will administer pre-intervention programming and mentoring sessions to assigned sites and areas. They will implement site-based services and activities designed to drive program participation and involvement to further program goals and objectives. Outreach Specialists will work closely within each community to conduct outreach activities and educate community members,participants, and other stakeholders on gang involvement.(6 Positions @ 100%_$254,196.80) GED/Life Skills Trainers/Recruiters-6 part-time employees teaching and training approximately 4 hours per week over 48 weeks. (6 Positions @ 100%_$23,778.21) Teen and Early Intervention Specialist(7 Positions)—The Comin' Up Teen and Early Intervention Specialist,under the supervision of the Comin Up Program Director,is responsible for representing the gang intervention program to gang-involved youth in the community. Responsible for providing required on-site services;monitoring behavior and safety of members; assisting program staff in recruiting, orienting,and supporting the program experience of new participants; and to successfully achieve all program goals an d objectives. (7 Positions X 20 hrs./wk.X 52 weeks/yr._$81,592.00 @ 100%_ $81,592.00) Vacancy Allowance—During the program year vacancies in staff positions will occur. The current staff vacancy rate is estimated for the program year at 10%. Budgeted program salaries are reduced by this amount. ($881,378.47 X-10%_-$88,137.85) FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 16 of 37 B. FRINGE BENEFITS—Total$182,427.64 Retirement—Full time employees are eligible for a 5%match on a 401 K plan. Participating eligible salaries are estimated at$260,721.20. (5% X$260,721.20=$13,036.06) FICA/Medicaid—7.65% of the above listed salaries are budgeted in this line item. (7.65%X$881,378.47) =$67,425.45) Life Insurance—($215.04 annual cost X 17.38 FTEs=$3,737.40) Health,Dental,Vision Insurance—($6,360.00 annual cost X 17.38 FTEs=$110,536.80) Unemployment—(1.6853%X Eligible Salaries$237,077.48=$3,995.47) Worker's Comp—(.45%X$881,378.47=$3,966.20) Vacancy Allowance—During the program year vacancies in staff positions will occur. The current staff vacancy rate is estimated for the program year at 10%. Budgeted fringe benefits are reduced by this amount. ($202,697.38 X-10%=-$20,269.74) C. TRAVEL AND TRAINING —Total$63,240.00 Mileage Reimbursement&Car Allowances—Staff travel for training,program activities,and meetings (Estimated 30,165.14 miles X$.545=$16,440.00). Bus Mileage—Buses are necessary for member transportation and program implementation. Transportation is a significant barrier for many participants and access to transportation is crucial to achieve goals on participant case management service plans. Member transportation will include transportation to job interviews,GED testing sites,vocational training sites,and other needs included on their case management service plans. Comin' Up staff also provide transportation to participants to ensure their ability to access services during the evening hours. Participants are transported nightly to and from the service sites. Transportation is also required for off-site activities,field trips,and to conduct inter-site activities. (24,137.93 miles X$1.74=$42,000.00) Staff Travel/Training—Staff travel and training will be used to ensure staff are properly trained to perform program duties. Trainings for 2019 will include local conferences for staff such as the "Stop the Violence"conference,CPR classes for new staff and renewals for existing staff,and a mental health workshop. Training will include expenses for the program director to attend a national gang prevention/intervention conference: registration for national conference,air travel to national conference,hotel for national conference,per diem for staff travel,and incidentals to include parking,taxi,and luggage fees. In-house trainings will occur throughout the year and will include meals for in-house trainings and training materials. ($4,800.00 X 100%_ $4,800.00) D. EQUIPMENT—0.00 E. SUPPLIES—Total$97,905.46 Program Supplies—Background screening,drug screening,job posting fees, attendance tracking software and hardware, security camera system repairs, game room game consoles and supplies,furniture used by program participants,community service supplies,education supplies,athletic equipment,event FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 17 of 37 entry/participation fees,program participant's baby supplies including diapers,wipes, lotion,powder, infant clothing,hygienic supplies,meals,snacks,drinks,refreshments. ($82,355.46 X 100%_ $82,355.46) Office Supplies—Pens,pencils,pencil lead refills,erasers,highlighters,paper, staplers,staple removers, scissors, letter openers,tape dispensers,tape, staples,notepads,notebooks,binders,post-it notes, calendars,paper clips,tissues,toner/ink cartridges,hand sanitizers,folders, files,desk organizers, office chairs, file cabinets,storage cabinets,keyboards,zip drives,replacement computer parts,charge cords, calculators. ($910.00 X 100%_$910.00) Assistance/Support Services/Vocational Training—Work/interview clothing,educational testing fees and supplies, job testing fees,transportation(other than program buses),tuition,books,classroom supplies. Occupational skills training including forklift certification,dental hygienist,CAN,and other workforce certifications for eligible participants. ($14,400.00 @ 100%_$14,400.00) Postage—($240.00 X 100% _$240.00) F. CONTRACTS/CONSULTANTS —Total$6,264.00 Contract Services—GED training,life skills training,clerical,recruiting,tutoring,lifeguards,referees,IT contract services. ($3,384.00 X 100%_$3,384.00) Copy Machine Leases-($1,200.00 X 100%_$1,200.00) Accident Insurance—Accident insurance provides very limited urgent care medical coverage to program members with no other insurance coverage(including Medicaid)who participate in sports and all other activities at program facilities and program events. No program or administrative staff are covered by this policy. 2017-2018 accident policy cost=$6,339.62. (26.5%X$6,339.62=$1,680.00) G. OTHER APPROVED-Total$60,537.28 Comin'Up Program Office Lease—Program building leased exclusively for Comin' Up participants and staff for private counseling,intervention,mentoring activities,and staff meetings. ($2,500.00/month X 12 _$30,000.00) Program Staff Cell Phone Service—For the safety and security of program staff and participants,program staff are required to carry cell phones to allow access to emergency services and the ability to communicate with program participants and program staff supervisors as needed. Program staff may be provided with a cell phone or partially reimbursed for their personal cell phone plan. Program staff phones have strictly limited internet access. (15 Phones X$27.70/mo.X 12 months=$4,986.00) Program Staff Telephone Service—8X8 Telephone service to all CU staff. Cost billed directly per line. (27.27/month X 22 lines X 12 months=$7,199.28) Comin'Up Program Office Security Monitoring Service—($43.00/mo.X 12=$516.00) Diamond Hill Internet Access-•($114.91/mo.X 12=$1,378.92) Hillside Internet Access-($114.91/mo.X 12=$1,378.92) Comin'Up Program Office Internet Access&Alarm system Monitoring—($80.18/mo.X 12=$962.16) Comin' Up Program Office Electricity—($433.00/mo.X 12=$5,196.00) FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 18 of 37 Comin'Up Program Office Waste Disposal—($254.00/mo.X 12=$3,048.00) Comin'Up Program Office Water--($56.00/mo.X 12=$672.00) Comin'Up Program Office Janitorial Service—($100.00/wk.X 52=$5,200.00) INDIRECT COSTS: Total$133,735.00 A. INDIRECT PERSONNEL—Total$24,874.80 CFO—The Chief Financial Officer oversees and participates in grant allocations,billing,budgeting,and reporting for all grants awarded to the Boys&Girls Clubs of Greater Fort Worth. 20%of the Chief Financial Officer's salary is allocated to this program based on estimated time and effort expended. (80,070.00 @ 20% =$16,014.00) Payroll and Accounting Specialist—The Payroll and Accounting Specialist processes payroll for all employees of the Boys&Girls Clubs of Greater Fort Worth and assists with grant allocations,billing,and reporting. 20%of the Payroll and Accounting Specialist's annual salary is allocated to this program based on estimated time and effort expended. ($44,304.00 @ 20%=$8,860.80) B. FRINGE BENEFITS—Total$5,328.46 Retirement—Full time employees are eligible for a 5%match on a 401K plan. Participating eligible salaries are estimated at$10,000.00. (5%X$10,000.00=$500.00) FICA/Medicaid—7.65%of the above listed salaries are budgeted in this line item. (7.65%X$24,874.80= $1,902.92) Life Insurance—($230.64 annual cost X.4 FTEs=$92.26) Health,Dental,Vision Insurance—($6,500.00 annual cost X.4 FTEs=$2,600.00) Unemployment—(1.6853% X Eligible Salaries$7,200.00=$121.34) Worker's Comp—(.45%X$24,874.80=$111.94) C. D. E. F. CONTRACTS AND CONSULTANTS—Total$29,494.76 Property Insurance—Property insurance allocated based on ratio of square footage used by program staff and members at program sites multiplied by the 2017-2018 policy cost. ($24,893.00 @ 26.5% _ $6,596.64) General Liability—Allocated based on the ratio of Comin' Up program activity to all activity in all programs at all sites multiplied by the 2017-2018 policy cost. ($14,305.00 X 35.7% =$5,106.89) Umbrella Liability—Allocated based on the ratio of Comin' Up program activity to all activity in all programs at all sites multiplied by the 2017-2018 policy cost. ($10,404.00 X 35.7% =$3,714.23) Audit—Allocated based on the ratio of Comin' Up financial activity to all Club financial activity multiplied by the estimated 2017 Audit and Single Audit fees of$35,500($35,500 X 25%=$8,875.00) FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 19 of 37 Accounting/HR—Accounting and HR employee tracking/hiring/allocation software billed per active program employee($433.50/month X 12 months=$5,202.00) G. OTHER APPROVED—Total$74,036.98 Communications—Office Telephone, Internet, Cable,WIFI. (Total$18,500.00) Stop Six—Eastside Branch-$4,995.00 Northside—NFW Branch-$4,995.00 Near South Side—Panther Branch-$5,180.00 Poly—Martin Branch-$3,330.00 Electricity—Comin' Up program staff and members occupy 4 Club-owned sites for 50%of their total operating hours for nine months of the year and 31%of their total operating hours for three months of the year. 30%of electric service cost at Comin' Up Club-owned sites will be charged to the program. (Total $28,500.00) Stop Six—Eastside Branch-$7,980.00 Northside—NFW Branch-$5,985.00 Near South Side—Panther Branch-$9,120.00 Poly—Martin Branch-$5,415.00 Gas—Comin' Up program staff and members occupy 4 Club-owned sites for 50%of their total operating hours for nine months of the year and 31%of their total operating hours for three months of the year. 30% of gas service cost at Comin' Up Club-owned sites will be charged to the program. (Total$5,343.00) Stop Six--Eastside Branch-$1,015.17 Northside--NFW Branch-$1,496.04 Near South Side—Panther Branch-$1,496.04 Poly—Martin Branch-$1,335.75 Water&Sewer—Comin' Up program staff and members occupy 4 Club-owned sites for 50%of their total operating hours for nine months of the year and 31%of their total operating hours for three months of the year. 30%of water and sewer service cost at Comin' Up Club-owned sites will be charged to the program. (Total$8,500.00) Stop Six—Eastside Branch-$2,720.00 Northside—NFW Branch-$1,530.00 Near South Side—Panther Branch-$2,465.00 Poly—Martin Branch-$1,785.00 Building Maintenance—Repairs, maintenance,and lawn care at program site buildings($43,979.93 @ 30%=$13,193.98) Stop Six—Eastside Branch-$4,090.14 Northside—NFW Branch-$3,298.50 Near South Side—Panther Branch-$3,430.44 Poly—Martin Branch-$2,374.90 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 20 of 37 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90%Minimum) Total $1,203,615.00 A. PERSONNEL Salaries $881,378.47 Staff Vacancy Allowance $(88,137.85) PERSONNEL TOTAL: $793,240.62 B. FRINGE BENEFITS Retirement $13,036.06 FICA $67,425.45 Life Insurance $3,737.40 Health, Dental,Vision Insurance $110,536.80 Unemployment-State $3,995.47 Worker's Comp Insurance $3,966.20 Staff Vacancy Allowance $(20,269.74) FRINGE BENEFITS TOTAL $182,427.64 C.TRAVEL AND TRAINING Staff Mileage Reimbursement $16,440.00 Bus Mileage $42,000.00 Staff Travel/Training $4,800.00 TRAVEL AND TRAINING TOTAL $63,240.00 D. EQUIPMENT None EQUIPMENT TOTAL 0.00 E. SUPPLIES Program Supplies $82,355.46 Office Supplies $910.00 Assistance/Support Services/Vocational Training $14,400.00 Postage 240.00 SUPPLIES TOTAL $97,905.46 F.CONTRACTS/CONSULTANTS Contract Services $3,384.00 Copy Machine Leases $1,200.00 Accident Insurance $1,680.00 CONTRACTS/CONSULTANTS TOTAL $6,264.00 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 21 of 37 G. OTHER APPROVED FACILITY AND UTILITIES—PROGRAM SITE: Program Activity Site Lease $30,000.00 Program Staff Cell Phones $4,986.00 Program Staff Telephones $7,199.28 Program Activity Site Security Monitoring $516.00 Diamond Hill Internet Access $1,378.92 Hillside Internet Access $1,378.92 Program Activity Site Internet $962.16 Program Activity Site Electricity $5,196.00 Program Activity Site Waste Disposal $3,048.00 Program Activity Site Water $672.00 Program Activity Site Janitorial $5,200.00 OTHER APPROVED TOTAL $60,537.28 INDIRECT PROGRAM COSTS(10%Maximum) Total $133,735.00 A. PERSONNEL Salaries $24,874.80 PERSONNEL TOTAL: $24,874.80 B. FRINGE BENEFITS Retirement $500.00 FICA $1,902.92 Life Insurance $92.26 Health, Dental,Vision Insurance $2,600.00 Unemployment-State $121.34 Worker's Comp Insurance $111.94 FRINGE BENEFITS TOTAL $5,328.46 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 Property Insurance $6,596.64 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 22 of 37 General Liability $5,106.89 Umbrella Liability $3,714.23 Audit $8,875.00 Accounting/HR Systems $5,202.00 CONTRACTS/CONSULTANTS TOTAL $29,494.76 G. OTHER APPROVED Communications $18,500.00 Electricity $28,500.00 Gas $5,343.00 Water&Sewer $8,500.00 Building Maintenance $13,193.98 OTHER APPROVED TOTAL $74,036.98 Grand Total $1,337,350.00 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 23 of 37 FORT WORTH. Exhibit Request for Reimbursement(RFR) FY 2019 CRIME.CONTROL AND PREVENTION DISMCr Submitting Boys&Gins Club of Greater Submit To: � enc y: Tarrant County-Comin'Up Bob Bolen Public Safety Complex Contact Name: Bob Ehret Attn: Keith Morris Financial Management Division Phone Number. 817-8344711 ext 211 505 West Ferri St Finai- behret@fortworthkids.oro Fort WORK,TX 76115 Remit Address: 3218 E Belknap Fort Worth,TX 76111 Invoice Number: Month of Request DIRECT COSTS(90%Mfnlmum) A B C D E Total of Previous This Month's +C A-D Budget Category BudgetAmount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 793,240.62 $ - $ 793,240,62 B Fringe Benefits $ 182,427.64 $ - $ 182,427,64 C Travel&Training $ 63,240.00 $ - $ 63,240.00 D Equipment $ - $ - E Supplies $ 97,905.46 $ 97,905A6 F Contracts/Consultants $ 6,264.00 S 6,264.00 _G other Aproved $ 60,53728 S 60,537.28 Total Direct Costs $ 1 03,615.00 Is is 1,203,615.00 INDIRECT COSTS(10%Masimum) A B C D E Total of Previous This Month's C�(B+ A-D) Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 24,874.80 $ - $ 24,874.80 B Fringe Benefits $ 5,328.46 $ - $ 5 328A6 C Travel&Training $ - $ - $ D Equipment $ - $ - $ - E Supplies $ - $ - $ - F Contracts/Consultants $ 29,494.76 $ 29,494.76 G Other Approved $ 74,03698 $ $ 29,494.76 TotallnDirectCosts S 133735.00 S $ Is $ 133735.00 Supporting documents required with monthly requests. This includes,timesheets depicting CCPD funded activities, Total Budget: S 1337350.00 copy ofpaychecks,invoices and receipts detailing all CCPD Previous Requests: S funded expenditures. This ItNuest:i$ - Total Requested To-Date'$ Remaining Funds S 1,337,350.00 I have reviewed this request and cert that these listed expenses and support documentation are accurate. AuthorindSignator� Signatory Title Date Fiscal Agent Use Only Purchase Order# Fund Dept ID Account RFR Approved For Payment [ (cant Steft attic ._____ I Date Finance Received Stamp Placed Below FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 24 of 37 FORT WORTH Cwa CoMWL &Pecv XMN DWaicr Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency Boys &Girls Club of Greater Tarrant County Contact Name Jerell Blount Phone Number and Email 817-877-3729;jblount(cbfortworthkids.org Remit Address 3218 East Belknap Street, Fort Worth, TX, 76111-4739 Activity Current To Date Year Month Total End Total Goal 1 Number of unduplicated program participants 640 2 Number of unduplicated program participants enrolled in case 200 management 3 Number of case management service units for participants enrolled in the 12,000 case management program 4 Number of participants making life changes 128 5 Number of inter-site activities 125 6 Number of pre-intervention workshops and mentoring sessions 450 7 8 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: I"Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15 3`d Quarter(Apr-June)due July 15 41 Quarter(Jul-Sep)due October 15 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 25 of 37 FORT WORTH Cma CORML &PMVEwnon DLanucr Exhibit E Fiscal Year 2019 uarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Boys&Girls Club of Greater Tarrant County-Comin' Up Contact Name Jerell Blount,Program Director Phone Number and Email 817-877-3729;jblount@fortworthkids.org Remit Address 3312 East Belknap Street,Fort Worth,TX, 76111 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 Ensure 20%of participants from each operating site make positive life changes.A positive life change is defined as: • Grade Progression • Enlistment into the Armed Forces • Graduating high school • Completion of a semester of college • Completion of vocational or job training • Completion of 90 days employment • Returning to school • Obtaining a GED/High School equivalency • Completion of juvenile or adult probation Outcome Measure 2 Ninety-five(95%)percent of program participants will not engage in behavior that result in an arrest an annual basis. Outcome Measure 3 Outcome Measure 4 Outcome Measure 5 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: 15`Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15 31 Quarter(Apr-June)due July 15 4'Quarter(Jul-Sep)due October 15 FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 26 of 37 FORT WORTH Cww¢CONn L &Pnccw N D,s — • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval • Modifications cannot be made between Direct and Indirect costs Exhibit F Request for Budget Modification Fiscal Year 2019 Date Submitting Agency Contact Name Phone Number and Email Remit Address DIRECT COSTS 90%minimum Budget Category Approved Budget Change Requested Revised Budget Personnel 793,240.62 Fringe Benefits 182,427.64 Travel and Training 63,240 Equipment Supplies 97,905.46 Contracts/Consultants 6,264 Other Approved 60,537.28 Total Direct Costs INDIRECT COSTS 10%maximum Budget Category Approved Budget Change Requested Revised Budget Personnel 24,874.80 Fringe Benefits 5,328.46 Travel and Training Equipment Supplies Contracts/Consultants 29,494.76 Other Approved 74,036.98 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 FWPD STAFF USE ONLY Modification Approved ❑ Modification NOT Approved FWPD Staff Signature Date FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 27 of 37 EXHIBIT G Facilities Use Requirements for Diamond Hill and Hillside Community Centers SECTION 1 LOCATION 1.1 Location. City does hereby grant to Contractor the use of certain space within the following locations for the purpose of the Comin' Up Gang Intervention Program for Fiscal Year 2019: 1.1.1 Diamond Hill Community Center,which is located at 1701 N.E. 37th Street, Fort Worth, Texas 76106; and 1.1.2 Hillside Community Center,which is located 1201 E.Maddox Street, Fort Worth, Texas 76104. The Diamond Hill Community Center and Hillside Community Center shall be referred to as "Centers"or"Community Centers"throughout this Exhibit. 1.2 Condition of the Centers. Contractor expressly acknowledges and agrees that it has conducted a full and complete physical examination of the Centers and hereby accepts the Centers, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE,EXPRESS OR IMPLIED,IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. SECTION 2 USE OF THE CENTERS 2.1 Contractor may use the Centers to operate the Program in accordance with this Agreement in support of its mission and for no other purpose. 2.2 Contractor shall only have use of the Centers during the following scheduled times and specific locations within the Centers: Diamond Hill Community Center: 8:00pm — 11:00pm Monday thru Friday. The Contractor may use the specific locations as shown on Attachment 1 to Exhibit G. Hillside Community Center: 8:00pm—11:00pm Monday thru Friday.The Contractor may use the specific locations as shown on Attachment 1 to Exhibit G. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 28 of 37 All activities related to any Program must be completed within the time periods set forth in this section,including,but not limited to,set-up and clean-up. If Contractor,for any reason, holds over beyond the scheduled times or uses additional areas of the Centers, the director of the Park Department("Director")or that person's authorized designee, in his/her sole discretion, reserves the right to remove Contractor and any participants of the Program ("Program Participants") from the Centers or charge Contractor a fee for use of the Centers for the time period beyond that which the Centers are reserved. Any additional fee will be commensurate with that charged to other patrons of the Centers using the same space for the same amount of time and shall be paid within thirty(30) calendar days after the City sends a written invoice. 2.3 In the event of a change in hours or availability of the Centers, such change shall not give rise to any claim against the City by the Contractor, whether for lost profits, cost, overhead, or otherwise. 2.4 Contractor may bring onto the Centers any equipment reasonably necessary to further the intended use of the Centers. 2.5 Contractor may not use any part of the Centers for any use or purpose that violates any applicable law,regulations,or ordinance of the United States,the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Centers. 2.6 Contractor understands and agrees that the parking areas at the Centers are not for the exclusive use of the Contractor and that the City and the Centers' patrons may use the parking spaces at any time. SECTION 3 HOLDOVER TENANCY 3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement, this Agreement will expire without further notice when the Term expires. Any holding over by Contractor after the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the Centers, except as a tenant at will. SECTION 4 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor shall: 4.1.1 Ensure that all Program Participants and any other individual using the Centers, including, but not limited to, any guardians and parents of the Program Participants,comply with any and all policies,rules,and regulations governing the use of the Centers. The City will provide a copy of any such FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 29 of 37 policies, rules, and regulations within a reasonable time after request by the Contractor. 4.1.2 Provide a Program Participant listing to the Director and ensure each Program Participant and instructor of any Program has a current membership card for the Centers and instruct any such person without a membership card to secure one before attending any Programs in the Centers. Any participants who have a membership card prior to enrolling in any of Contractor's Programs shall maintain the membership card in good standing for the duration of such Program. 4.1.3 Contractor and Program Participants shall not remain in the Centers beyond the Contractor's approved hours, except in instances of eminent danger to the Program Participants, severe weather conditions, emergencies declared by the City and other situations determined in the sole discretion of the Director. 4.1.4 Notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, must be provided to the City within 24 hours prior to schedule start time. In case of emergency or Force Majeure Events,the Contractor must notify the Director promptly upon learning of such emergency or Force Majeure Events. 4.1.5 Provide a listing of all Program Participants to the Director and ensure each Program Participant and instructor of any Program has a current membership card for the Centers and instruct any such person without a membership card to secure one and pay the applicable $10 fee for the membership card before attending any Programs in the Centers. Any Program Participants who have a membership card prior to enrolling in any of Contractor's Programs shall maintain the membership card in good for the duration of such Program. 4.1.6 NOT USE THE CENTERS FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS SUCH AS UNIFORMS AND COSTUME SALES OR FUND RAISING. 4.1.7 Report any maintenance or repair needs to the Director as soon as practicable. 4.1.8 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Centers. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. Contractor shall place language in its contracts with contractors and subcontractors that contractors shall notify City as required by Contractor in this subsection. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 30 of 37 4.1.9 Daily, prior to the start of Program activities, a representative from City employed at the Centers and Contractor will conduct a facility walk through and will complete and sign a form to document any damages. 4.1.10 Contractor will clean the Centers each night after the Program concludes. 4.1.11 Any damage incurred during Program hours must be reported immediately to City by e-mail to the Supervisor of the Center. 4.1.12 While City will commission and oversee all repairs, Contractor will reimburse City for any repairs that are made for any damage that occurs during Program hours. 4.1.13 Contractor will provide City with a staff list and program management contact information, and contact procedures. 4.1.14 City will provide staff lists, including emergency contact information and contact procedures for the Centers. 4.1.15 City will provide Contractor with necessary keys and security codes for access to the Centers. 4.1.16 Contractor will notify City immediately if the security of the Centers is compromised. 4.1.17 Contractor will document all incidents that occur during Program times.Documentation must include date,time,person(s)involved,a narrative of the incident, follow up response to the incident, and whether or not law enforcement was contacted. 4.1.18 Contractor will notify law enforcement where appropriate. 4.1.19 Incidents in which Contractor shall notify law enforcement, include but are not limited to: fights,threats, damage to property, and theft. 4.1.20 Contractor will provide City with a copy of the Contractor's incident report for all documented incidents no later than the next business day following each documented incident. 4.1.21 Contractor will operate a progressive discipline policy with appropriate consequences. Incidents that warrant exclusion from the facility will be discussed and consequences assessed on a case-by case basis 4.2 The City will: FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 31 of 37 4.2.1 Furnish the necessary existing utilities and electrical power available at the Centers for the ordinary and intended use of such, which includes lighting, heat and air conditioning, and water. City shall not be liable or responsible for accidents or unavoidable delays. 4.2.2 Ensure the Centers are suitable for their intended purpose. 4.2.3 Process membership applications for the Centers and issue membership cards. 4.2.4 Ensure the Centers are ready for set up by Contractor in accordance with any reasonable requests of the Contractor. 4.2.5 City will provide a facility closing/cleaning schedule to include: sweeping,mopping, dusting, etc. SECTION 5 LIENS 5.1 Contractor shall do no act or make any contract that may create or be the foundation for any lien upon or interest in any City property. Any such contract or lien attempted to be created or filed shall be void. Should any purported lien on City property be created or filed, Contractor, at its sole expense, shall liquidate and discharge the same within ten(10) calendar days after notice from the City to do so. Should Contractor fail to discharge the same, such failure shall constitute a breach of this Agreement, and the City shall have the right to terminate this Agreement immediately. However, Contractor's financial obligation to City to liquidate and discharge such lien shall survive following termination of this Agreement and until such a time as the lien is discharged. SECTION 6 CARE OF THE CENTERS 6.1 Contractor,at Contractor's own expense,shall keep the Centers and maintain all equipment and other properties of City in a safe, sanitary, sightly condition and in good repair during each Program or scheduled time set forth in this Agreement. Contractor shall restore and yield said Centers,equipment,and all other properties belonging to the City back to City at the expiration of each Program or scheduled time set forth in this Agreement in good or better condition as it existed at the beginning of each Program or schedule time set forth in this Agreement and in which Contractor found them. 6.2 Contractor will not do or permit to be done any injury or damage to the Centers, or any part thereof, or permit to be done anything that will damage or change the finish or appearance of the Centers or the furnishings thereof or any other property belonging to the City by the erection or removal of equipment or any other improvements, alterations or additions. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Centers, or to any of the furnishings or fixtures of the City without the prior written consent of the Director. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 32 of 37 6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage that may be done to the Centers or any of the fixtures, furniture or furnishings by any act of Contractor or any of Contractor's officers, representatives, servants, employees, agents, Program Participants, or anyone visiting the Centers upon the invitation of the Contractor. The City shall determine, in its sole discretion, whether any damage has occurred, the amount of the damage and the reasonable costs of repairing the damage, and whether,under the terms of this Agreement, the Contractor is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the Centers, furnishings, fixture or furniture by the Contractor. The costs of repairing any damage to the Centers shall be immediately due and payable by the Contractor upon Contractor's receipt of a written invoice from City. 6.4 Subject to the prior written consent of the Director,Contractor may place any signs within the Centers necessary to indicate Contractor's name and location. Any sign shall be prepared and installed by the Contractor,at the sole cost of Contractor,in accordance with applicable rules and regulations of the City and in keeping with the Centers' decor. Any special requirements of Contractor contrary to the above must be made a part of this Agreement by written amendment. SECTION 7 FORCE MAJEURE 7.1 If either party is unable,either in whole or part,to fulfill its obligations under this License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Contractor hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 8 RIGHT OF ENTRY AND INSPECTION 8.1 In providing use of the Centers by Contractor, City does not relinquish the right to control the management of the Centers, or the right to enforce all necessary and proper rules for the management and operation of the same. After receiving notice by City, FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 33 of 37 Contractor must permit City or its agents,representatives, or employees to enter the Centers for the purposes of inspection; determining whether Contractor is complying with this Agreement;maintaining,repairing,or altering the Centers; or any other reasonable purpose. During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. In the event of an emergency, no advance notice from City is required. SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall,at its sole expense,obtain and keep in effect all licenses and permits necessary for its operations. 9.2 Copy of the documentation stating the Contractor's status is due annually to the address specified for Parks and Community Services in the notice provision of this Agreement. SECTION 10 ADDITIONAL DUTIES UPON TERMINATION In addition to the duties described in the Agreement, Contractor shall comply with the following upon termination or expiration of the Agreement: 10.1 Prior to the effective date for expiration or termination of the Agreement, Contractor shall promptly remove all of its personal property;provided,however,Contractor shall not be obligated to remove any fixtures. Contractor shall also repair any damage to the Centers that occurred during Contractor's use of the Centers, including, but not limited to, any damage that Contractor causes during removal of Contractor's property, to the reasonable satisfaction of the Director. 10.2 If Contractor fails to comply with its obligations in this Section, City may, at its sole discretion, (i) remove Contractor's personal property and otherwise repair the Centers and invoice Contractor for City's costs and expenses incurred, such invoice to be due and payable to City within thirty(30) calendar days of its delivery to Contractor; or(ii) following no less than thirty(30) calendar days prior written notice to Contractor, take and hold any of Contractor's personal property as City's sole property;or(iii)pursue any remedy at law or in equity available to City. If Contractor fails to surrender the Centers to City following termination or expiration, all liabilities and obligations of Contractor hereunder shall continue in effect until such is surrendered. 10.3 Upon termination, all funds owed to the City shall be due and payable by the tenth(10th)calendar day after the effective date of termination. 10.4 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve Contractor from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 34 of 37 for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under this Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law,whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law,whether or not stated in this Agreement. SECTION 11 ACCESS 11.1 Contractor will only use areas of the Centers that are approved in advance by City. 11.2 Contractor will assure that Program members adhere to the Program hours of 8:00 pm— 11:00 pm. Earlier access may only be granted by arrangement. Examples may include attending a pre-arranged class; and use of the City of Fort Worth(CFW)community center membership card to attend an appropriate activity at the Centers. 11.3 Contractor shall restrict entry to the Program to members and bona-fide guests. The age limits for participation in the Program are ages 13 —24. 11.4 Notify Program participants that they will not be allowed to congregate or loiter in front of the main entrance of the Centers or in the parking lot or park prior to 8:00 pm or after 11:00 pm. FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 35 of 37 ATTACHMENT 1 TO EXHIBIT G '01"woe OWN - i 15 It t/rlitl w _ nw •htll {f �� r �t n s ✓f Pyga�O�I x7sIM M y —1 M M nJ61mrfmot mow tih<�•` Y Y Ir n wrat►it`i t t �? ! � ��'�'•�+ �O!t3 ` W VK i N .Al+tlglqmalt 1111t.IM11wwW+w1, 1 wl t[t Ila.Mtl NI/Ar 1' 1 rwsrrrs w T+/rlw v4': •.1 11l�:�! y hit is t M t944 h k i �, 0 NMI0 O a M Q vxrw..wr.- "TT( vfd.c— d u VIP, rnlvM— .n Q .t - 1t l A - r K f..� �# ...wWf.Y91WWI �I .t OMrM�.��q� •� -t A'sPF---_ ', a++.:n r eu'ti� 1{•! �/.d_Icf M w 1+� �i. ra.TN hk ffffi fr. f ���TJ ib@�� AmArl n 1 M -1, FY 2019 Comin'Up Gang Intervention Program Boys&Girls Clubs of Greater Tarrant County Page 36 of 37 E 3 e OU 4 _T OPP9 pp"Oponp PP "X r ...Jill,' iRpan��tBt�i t t�5�sy11�ML�� �� �� jilt 1; ii i 11"it r B t Ow I M A � i ' I � :¢$ DIAMOND HILL COMMUNM CENTER = r � ©TrRnsnail Fiooa ' IM.EE7"ISTREET.FORT OR.1 78108 avr•...r+ . FY 2019 Comin'Up Gang Intervention Program Boys&GirIs Clubs of Greater Tarrant County Page 37 of 37 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoxT�Ell COUNCIL ACTION: Approved on 9/25/2018 REFERENCE 35COMIN UP GANG DATE: 9/25/2018 NO.: C-28876 LOG NAME: INTERVENTION PROGRAM FY19 CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with the Boys and Girls Clubs of Greater Tarrant County, Inc., in the Amount Up to $1,337,350.00 for the Continued Operation of the Comin' Up Gang Intervention Program for Fiscal Year 2019 (General Fund and CCPD Funded) (COUNCIL DISTRICTS 2, 5, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Contract with the Boys and Girls Clubs of Greater Tarrant County, Inc., in an amount up to $1,337,350.00 for the continued operation of the Comin' Up Gang Intervention Program for Fiscal Year 2019. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize a contract with the Boys & Girls Clubs of Greater Tarrant County, Inc., for the continued support and services of the Comin' Up Gang Intervention Program (Comin' Up). Comin' Up was established in 1994 in order to reduce gang- related violence by diverting gang members into programs and services to help youth avoid negative and destructive behaviors. Comin' Up provides intervention services to gang-involved youth between the ages of 13 and 24. The Boys and Girls Clubs of Greater Tarrant County, Inc., operates Comin' Up at six sites, including Diamond Hill, Hillside, Near Southside (Panther), Northside, Poly, and Stop Six. These Comin' Up sites serve approximately 680 youth nightly Monday through Friday. Program Staff provides information and referral services, works directly with gang leaders to assist with conflict resolution, and provides crisis intervention to diffuse potentially troubling or violent situations, which has helped Staff successfully develop truces between rival gangs. The Crime Control and Prevention District Fund Fiscal Year 2019 budget appropriates the amount of $1,129,000.00 for the continued operation of six program sites. The Fiscal Year 2019 General Fund adopted budget appropriates the amount of$208,350.00 for the administrative costs associated with the continued operation of Comin' Up. The total contract amount is $1,337,350.00. This Agreement will be effective October 1, 2018, and will end on September 30, 2019. This program serves COUNCIL DISTRICTS 2, 5, 8 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 budget by City Council, funds will be available in the Fiscal Year 2019 budget of the Crime Control and Prevention District Fund and the General Fund. 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 Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore (4223) ATTACHMENTS HB 1295 CU.pdf C CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1•Q and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity tiling form,and the city,state and country of the business entity's place Certificate Number: of business. 12018-398591 Boys&Girls Clubs of Greater Tarrant County 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 08130/2018 being filed. City of Fort Worth,TX Date AcknowleLJ 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. FY19 CCPD Program Comin'Up Gang Prevention and Intervention Program 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO interested Party. ❑ X 6 UNSWORN DEC ON r My name is !'a_-P , and my dale of birth is 7 If 7&66 My address is 2,01ns-,, L6 G 1�0-00-_•__vs (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed In IM C.�� __County, State of �rV S, ,on theJday of ,20—v—. (month) (year) Signature of authorize agent of contracting business entity (Declerent) Forms provided by Texas Ethics Commission www.ethics,state,tx,us Version V1.0.6711