HomeMy WebLinkAboutContract 51358 CITY SECRETARY
CONTRACT N0._,
STATE OF TEXAS §
COUNTIES OF TARRANT, WISE §
AND DENTON §
UNITED COMMUNITY CENTERS, INC.
SAFE HAVEN YOUTH PROGRAM—BETHLEHEM
This Agreement is made between the City of Fort Worth("City"),a municipal corporation,
acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and
United Community Centers,Inc.,("UCC")acting by and through Celia Esparza,it duly authorized
President/CEO.
RECITALS
WHEREAS, City has determined that Safe Haven Youth Programs are necessary to
support the City's commitment to crime prevention throughout the City. The Safe Haven Youth
Programs will enhance the prevention focus previously adopted by the police department, support
the community,and provide a secure environment for children; and
WHEREAS,UCC has agreed to operate a Safe Haven Youth Program which will provide
a secure environment in which children can receive educational tutoring assistance,and support the
adoption of a prevention focus by the police department and the community; and
WHEREAS,City desires to enter into an agreement with UCC to operate the Safe Haven
Youth Program at their Bethlehem Community Center("SITYP");and
WHEREAS,City,as consideration for the performance of UCC,has appropriated monies
in the Crime Control and Prevention District("CCPD")Fund Budget in the amount of$132,990.00
("Program Funds") to provide to UCC on a reimbursement basis for the operation of the UCC
SITYP subject to and in accordance with this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT DOCUMENTS
The Agreement documents shall include the following:
1. This Agreement for the UCC SITYP
2. Exhibit A—Scope of Work
3. Exhibit B—Budget Narrative and Summary
4. Exhibit C—Request for Reimbursement
5. Exhibit D—Program Activities Report
6. Exhibit E—Program Effectiveness Measurement Report
7. Exhibit F—Request for Budget Modification
Exhibits A through F, which are attached hereto and incorporated herein, made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of
ci2018 [2CI97r
FICIAL RECORD
17YS' 4� yA' CFW and UCC 2019itea Community Center page 1 ofTY SECRETARY
T.WORTH,TX
Exhibits A through F,and the terms and conditions set forth in the body of this Agreement,the
terms and conditions set forth in the body of this Agreement shall control.
DEFINITIONS
The term"City"shall include City,and its officers,agents,employees,and representatives.
The term"UCC"shall include United Community Centers,Inc.,and its officers,agents,
employees,representatives,servants,contractors,and subcontractors.
The term"Party"shall refer to either City or UCC.
The term"Parties"shall refer to both City and UCC.
AGREEMENT
1. Responsibilities of UCC. UCC covenants and agrees to fully perform, or cause to be
performed, with good faith and due diligence, all work and services described in Exhibit"A"
—Scope of Work. UCC shall be responsible for day-to-day administration of the UCC SITYP.
UCC agrees to expend the Program Funds in accordance with its UCC SITYP budget,described
in Exhibit`B"—Budget. Program activities shall be reported in accordance with Exhibit"D"
Program Activities Report and effectiveness measurements shall be reported in accordance
with Exhibit"E"Program Effectiveness Measurement Report.
2. Program Funds.
2.1 In no event shall the total distribution from City made to UCC during the term of
this Agreement exceed the total sum of$ 132,990.00("Program Funds").
2.2 Payment of the Program Funds from City to UCC shall be made on a cost-
reimbursement basis following receipt by City from UCC of a signed Request for
Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support
documentation. UCC shall deliver to City a written detailed Program Activities Report and
Program Effectiveness Measurement Report as described in Section 4.2 below with each RFR
to support expenditure of Program Funds. Such reports shall be signed by UCC or duly
authorized officer of UCC. The RFR and monthly Program Activities Report shall be
submitted to City no later than the 15' day following the end of the month. Submittal of a
monthly RFR and Program Activities Report is required even if services are not provided.
The monthly RFR with an original signature by an authorized representative must be submitted
to the to the Grant Management Section of the Fort Worth Police Department,ATTENTION:
Grant Specialist,Bob Bolen Public Safety Complex,505 W.Felix St.,Fort Worth,Texas,
76115.Reimbursements will not be made until after receipt of an acceptable and approved RFR
and a monthly Program Activities Report. Additionally, a quarterly Program Effectiveness
Measurement Report from UCC is required as described in section 4.2 and must be approved
prior to reimbursements. Reimbursements shall be made within 30 days receipt of said
documents.
2.3 UCC is authorized to modify up to five (5) percent of any budgeted line-item in
the original approved budget without prior written permission from City. However,UCC must
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submit the Budget Modification Form (Exhibit "F") to City, with the monthly RFR, in the
month when the modification took place. The new modified budget cannot exceed the total
amount of Program Funds.
2.4 Any modifications of more than five(5)percent of any budgeted line-item in the
original approved budget must have prior written permission from City before any budget
modifications are made. The Budget Modification Form(Exhibit"F")must be submitted,and
request must be approved by City, before any money is moved to the line-item. Once the
Budget Modification is approved, the modified budget will take effect on the first day of the
following month. The new modified budget cannot exceed the total amount of Program Funds.
2.5 Any modifications to zero line-items in the original approved budget must have
prior written permission from City before any budget modifications are made. The Budget
Modification Form (Exhibit "F") must be completed and approved by City before money is
transferred into the new line-item. Once the Budget Modification is approved, the modified
budget will take effect on the first day of the following month. The new modified budget
cannot exceed the total amount of Program Funds.
2.6 Budget modification can only occur within the Direct and Indirect costs. Funds
may not be moved from a Direct line-item into an Indirect line-item, or vise versus.
Modification of Direct and Indirect approved budgets must follow the guidelines outlined in
sections 2.3,2.4 and 2.5.
The Budget Modification Form (Exhibit"F") shall be submitted to the Grant Management
Section of the Fort Worth Police Department,ATTENTION:Grant Specialist,Bob Bolen
Public Safety Complex at 505 W.Felix St.,Fort Worth,Texas,76115.
3. Term. This Agreement shall commence upon October 1, 2018 ("Effective Date"), and
shall end on September 30, 2019 ("End Date"). All of UCC's expenditures under this
Agreement must be completed no later than September 30, 2019.
4. Program Performance.
4.1 UCC agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit"A."
4.2 UCC agrees to provide a monthly Program Activities Report and quarterly
Program Effectiveness Measurement Report to document the performance of the work
described in Exhibit "D" and Exhibit `B," respectively. The Program Activities and
Effectiveness Measurements shall document the program activity names, numbers of
participants attending,details of the activities,and a description of the goals achieved in support
of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis
and included in the January, April, July, and October RFR and Program Activities Report
submittals. Additionally, the Program Effectiveness Measurement Report must include any
successes realized in descriptive detail. The monthly Program Activities and quarterly Program
Effectiveness Measurement Reports shall be submitted to City no later than the 15'day after
the end of each month.
4.3 UCC agrees that the monthly RFR and Program Activities Report and quarterly
Program Effectiveness Measurement Report will be submitted to City no later than the 15'day
after the end of each month. Should UCC not meet these requirements,UCC will be given an
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additional 15 days to submit the required reports to City. If,at the end of this 15-day extension
period, UCC has not submitted the required reports, City will send a non-compliance letter
notifying UCC's duly authorized representative of a possible suspension of program funding.
5. Default and Termination.
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program
Funds from the CCPD. All monies distributed to UCC hereunder shall be exclusively from
monies received from the CCPD, and not from any other monies of City. In the event that
funds from the CCPD are not timely received, in whole or in part, City may, at its sole
discretion, terminate this Agreement and City shall not be liable for payment for any work or
services performed by UCC under or in connection with this Agreement.In the event no funds
or insufficient funds are appropriated by the City in any fiscal year for any payments due
hereunder,City will notify Contractor of such occurrence and this Agreement shall terminate on
the last day of the fiscal period for which appropriations were received without penalty or expense
to the City of any kind whatsoever,except as to the portions of payments herein agreed upon for
which funds have been appropriated.
5.2 This Agreement may be terminated by City, in whole or in part, at any time and
for any reason upon written notice as specified in section 5.3.
5.3 Termination will be effected by delivering to UCC a notice of termination,
specifying the portion of the Agreement affected and the effective date of termination. Upon
UCC's receipt of notice of termination,UCC shall:
(a) Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
(b) Place no further order or subcontracts, except as may be necessary for completion of the
work not terminated;
(c) Terminate all orders and contracts to the extent that they relate to the performance of the
work terminated by the notice of termination; and
(d) Cease expenditures of Program Funds, except as may be necessary for completion of the
work not terminated.
5.4 In the event City suspends or terminates this Agreement, UCC expressly waives
any and all rights to monetary damages,including but not limited to actual,consequential,and
punitive damages,court costs,and attorney's fees.
5.5 Within thirty(30)days following the date of termination of this Agreement,UCC shall
return to City any property provided hereunder. City will have no responsibility or liability for
UCC's expenditures or actions occurring after the effective date of termination of the
Agreement.
6. Equipment and Maintenance. All equipment purchased with Program Funds must meet
all eligibility requirements of City. UCC shall maintain all equipment used in the
administration and execution of the UCC SITYP. UCC shall maintain, replace, or repair any
item of equipment used in support of the UCC SITYP and/or for use under the terms of this
Agreement that no longer functions or is lost or stolen. The cost for maintenance,replacement,
or repair of any equipment used in support of the UCC SITYP and/or for use under the terms
of this Agreement is the sole responsibility of UCC. UCC shall not use Program Funds or City
funds to repair or replace said equipment.UCC shall use any and all equipment purchased with
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Program Funds exclusively in support of the UCC SITYP. Within 10 days following the
purchase of equipment, UCC shall submit to City a detailed inventory of all equipment
purchased with Program Funds to the Research and Planning Section at the address set forth in
paragraph 2.2 above. The equipment inventory shall include an itemized description of each
piece of equipment, the date each piece of equipment was purchased, the cost of purchase for
each piece of equipment,and the location of each piece of equipment.
7. Administrative Requirements.
7.1 UCC agrees to keep sufficient records to document its adherence to applicable
local, state, and federal regulations, along with documentation and records of all receipts and
expenditures of Program Funds. All records shall be retained for three(3)years following the
termination or completion of this Agreement. City or its representatives shall have the right to
investigate, examine, and audit at any time any and all such records relating to operations of
UCC under this Agreement. UCC, its officers, members, agents, employees, and
subcontractors, upon demand by City, shall make such records readily available for
investigation, examination, and audit. In the event of such audit by City, a single audit of all
UCC's operations will be undertaken and may be conducted either by City or an independent
auditor of City's choice.UCC shall submit a copy of any audit performed by their independent
auditor within 30 days of receipt of the final audit report.
7.2 If any audit reveals a questioned practice or expenditure, such questions must be
resolved within fifteen (15) days after notice to UCC by City. If questions are not resolved
within this period,City reserves the right to withhold further funding under this and/or future
contract(s)with UCC.
7.3 If, as a result of any audit, it is determined that UCC misused, misapplied, or
misappropriated all or any part of the Program Funds, UCC agrees to reimburse City the
amount of such monies so misused, misapplied, or misappropriated, plus the amount of any
sanction,penalty, or other charge levied against City because of such misuse,misapplication,
or misappropriation.
7.4 UCC's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
providing final Program Activities Report and Program Effectiveness Measurement Reports,
making final payments,disposing of UCC SITYP assets as appropriate, if deemed required by
City in its sole discretion.
7.5 UCC covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by UCC under this Agreement and City
shall have access at all reasonable hours to offices and records of UCC, its officers,members,
agents,employees,and subcontractors for the purpose of such monitoring.
Section 7 shall survive the expiration or termination of this Agreement.
8. Independent Contractor.
8.1 UCC shall operate hereunder as an independent contractor and not as an officer,
agent,or servant or employee of City. UCC shall have exclusive control of,and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
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members, agents, servants, employees, subcontractors, program participants, licensees, or
invitees. The doctrine of respondeat superior shall not apply as between City and UCC, its
officers, members, agents, servants, employees, subcontractors, program participants,
licensees, or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and UCC.No federal,state,or local income tax,nor any payroll tax of
any kind, shall be withheld or paid by City on behalf of UCC. UCC shall not be treated as an
employee with respect to the services performed pursuant to this Agreement for federal or state
tax purposes.It is expressly understood and agreed that officers,members,agents,employees,
subcontractors, licensees,or invitees of UCC,and any program participants hereunder are not
eligible for, and shall not participate in any employer pension, health, or other fringe benefit
plan provided by City. It is expressly understood and agreed that City does not have the legal
right to control the details of the tasks performed hereunder by UCC, its officers, members,
agents,employees, subcontractors,program participants,licensees, or invitees.
8.2 City shall in no way nor under any circumstances be responsible for any property
belonging to UCC, its officers, members, agents, employees, subcontractors, program
participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way
damaged.
9. Liability and Indemnification.
UCC SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPER TYLOSS,
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 UCC, ITS
OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES.
UCC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) UCC's
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(II)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF UCC,
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 UCC AND CITY, RESPONSIBILITY, IF ANY, SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF
THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE
LAWS OF TEXAS.
UCC shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
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This section shall survive the expiration or termination of this Agreement.
10. Non-Assignment. No assignment or delegation of duties under this Agreement by UCC
shall be effective without City's prior written approval.
11. Prohibition Against Interest.
11.1 No member,officer,or employee of City, or its designees or agents;no member
of the governing body of the locality in which the UCC SITYP is situated; and no other public
official of such locality or localities who exercises any functions or responsibilities with
respect to the UCC SITYP during his tenure or for one year thereafter,shall have any interest,
direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be
performed hereunder.UCC shall incorporate,or cause to be incorporated,like language
prohibiting such interest,in all contracts and subcontracts hereunder.
11.2 No officer, employee, member, or program participant of UCC shall have a
financial interest, direct or indirect, in this Agreement or the monies transferred hereunder,or
be financially interested, directly or indirectly, in the sale to UCC of any land, materials,
supplies,or services purchased with any funds transferred hereunder,except on behalf of UCC,
as an officer, employee, member, or program participant. Any willful violation of this
paragraph with the knowledge,expressed or implied,of UCC or its subcontractors,shall render
this Agreement voidable by City of Fort Worth.
12. Nondiscrimination.
12.1 In accordance with the federal, state, and local laws and ordinances, UCC
covenants that neither it nor any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this Agreement shall in
connection with the employment,advancement,or discharge of employees,in connection with
the terms, conditions or privileges of their employment, discriminate against persons because
of their age, except on the basis of a bona fide occupational qualification, retirement plan,
statutory requirement,or statutory or ordinance exception.
12.2 UCC will not unlawfully discriminate against any person or persons because of age,
race,color,religion,sex,disability,national origin,or sexual orientation,nor will UCC permit
its officers,members,agents,employees, subcontractors,or program participants to engage in
such discrimination.
12.3 City actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. UCC shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (I-9). Upon request by City, UCC shall
provide City with copies of all I-9 forms and supporting eligibility documentation for
each employee who performs work under this Agreement. UCC 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 UCC employee who is not legally eligible to
perform such services. UCC SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY UCC, UCC'S EMPLOYEES,
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SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
UCC, shall have the right to immediately terminate this Agreement for violations of
this provision by UCC.
13. Compliance.
13.1 UCC, its officers, members, agents, employees, program participants, and
subcontractors,shall abide by and comply with all laws, federal, state, and local,including all
ordinances, rules, and regulations of City. If City calls to the attention of UCC any such
violation on the part of UCC or any of its officers,members,agents,employees,subcontractors,
or program participants,then UCC shall immediately desist from and correct such violation.
13.2 UCC shall utilize Program Funds strictly for those purposes and goals intended
under the terms and conditions of this Agreement. If City calls the attention of UCC to any
such violations on the part of UCC or any of its officers,members,agents,employees,program
participants, or subcontractors, then UCC shall immediately desist from and correct such
violation.
14. Waiver of Immunity. If UCC is a charitable or nonprofit organization and has or claims
an immunity or exemption (statutory or otherwise) from and against liability for damages or
injury,including death,to persons or property,UCC hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed
to affect City's immunities under constitutional,statutory,or common law.
15. Insurance Requirement.
15.1 UCC shall procure and shall maintain during the term of this Agreement the
following insurance coverage:
(a) Commercial General Liability(CGL): $1,000,000 per occurrence,with a$2,000,000.00
annual aggregate limit, in a form that is acceptable to the City's Risk Manager.
(b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per
occurrence,with a$1,000,000 annual aggregate limit,in a form that is acceptable to the
City's Risk Manager.
(c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR
split limits are acceptable if limits are at least $250,000 Bodily Injury per person,
$500,000 Bodily Injury per accident and$100,000 Property Damage.
15.2 UCC's insurer(s) must be authorized to do business in the State of Texas for the
lines of insurance coverage provided and be currently rated in terms of financial strength and
solvency to the satisfaction of the City's Risk Manager.
15.3 Each insurance policy required herein shall be endorsed with a waiver of
subrogation in favor of the City. Each insurance policy required by this Agreement,except for
policies of worker's compensation or accident/medical insurance shall list the City as an
additional insured. City shall have the right to revise insurance coverage requirements under
this Agreement.
15.4 UCC further agrees that it shall comply with the Worker's Compensation Act of
Texas and shall provide sufficient compensation insurance to protect UCC and City from and
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against any and all Worker's Compensation claims arising from the work and services provided
under this Agreement.
15.5 The commercial general liability policy shall name the City as an additional
insured thereon,as its interests may appear.
15.6 A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to the City. Ten(10)days' notice shall be acceptable in the event
of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth,
200 Texas Street, Fort Worth, Texas 76102, with copies to the City Attorney at the same
address.
15.7 Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
15.8 Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant
to this Agreement.
16. Miscellaneous Provisions.
16.1 The provisions of this Agreement are severable, and, if for any reason a clause,
sentence,paragraph,or other part of this Agreement shall be determined to be invalid by a court
or Federal or state agency, board, or commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without the
invalid provision.
16.2 City's failure to insist upon the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on any
future occasion.
16.3 Should any action, whether real or asserted, at law or in equity, arise out of the
execution,performance,attempted performance,or non-performance of this Agreement,venue
for said action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas,Fort Worth Division.
16.4 UCC represents that it possesses the legal authority, pursuant to any proper,
appropriate, and official motion, resolution, or action passed or taken, to enter into this
Agreement and to perform the responsibilities herein required.
16.5 This written instrument including Exhibits A through F, constitute the entire
agreement between the parties concerning the work and services to be performed hereunder,
and any prior or contemporaneous, oral or written agreement which purports to vary from the
terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing
and must be signed by authorized representatives of each party.
16.6 All notices required or permitted by this Agreement must be in writing and are
deemed delivered on the earlier of the date actually received or the third day following (i)
deposit in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail,return receipt requested);and(iii)addressed to the other party at the address as
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follows or at such other address as the receiving party designates by proper notice to the sending
Ply:
CITY: Jesus J. Chapa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth,TX 76102
Copies To: Grant Management Section
Bob Bolen Public Safety Complex
505 W.Felix St.
Fort Worth,TX 76115
City Attorney's Office
ATTN: Police Contracts
200 Texas Street
Fort Worth,TX 76102
UCC: Celia Esparza,President and CEO
United Community Centers,Inc.,
1200 E Maddox Avenue
Fort Worth,TX 76104
16.7 None of the performance rendered under this Agreement shall involve, and no
portion of the Program Funds received hereunder shall be used, directly or indirectly, for the
construction, operations, maintenance, or administration of any sectarian or religious facility
or activity, nor shall said performance rendered or funds received be utilized so as to benefit,
directly or indirectly,any such sectarian or religious facility or activity.
16.8 Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
16.9 The provisions and conditions of this Agreement are solely for the benefit of City
and UCC and are not intended to create any rights,contractual or otherwise,to any other person
or entity.
16.10 The parties acknowledge that each party and its counsel have reviewed this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or exhibits hereto.
16.11 It is understood that by execution of this Agreement, the City does not waive or
surrender any of it governmental powers.
16.12 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
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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.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF,the parties hereto have—executed this em nt in multip1 in Fort
Worth,Tarrant County,Texas,to be effective this; day of ,20
APPROVED AND AGREED FOR
APPROVED AND AGREED FOR CITY UNITED COMMUNITY CENTERS,
OF FORTORT'H INC0-2
Jr
Jesus J. Chapa Celia Esparza
Assistant City Manager Q President/CEO
Date: G�rO` v1U Date:
APPROVED AS TO FORM AND
APPRO tI.,,TENDED LEGALITY FOR UCC
Chief Joel F. Fitzgeral UCC Attorney
Chief of Police
Date: -';7'r-
Date:
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT
WORTH ATTEST
Matthew A. Murray s °� J.
'F, c�
Assistant City Attorney ecret
arY
A
Date:
Fonn 1295 Certification No: 2018' 0844•' ;''r., C No. C�O d �d� C�lasj it 0
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract,including
ensuring all performance and reporting
require
EFT.
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Naive / v� )b n CRETARY
Title C'C4 c"& �,1 ;cJIc� 3fe :"J;St RTH,TX
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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.
The following programs will be provided at the Bethlehem Center, 951 Evans Avenue,
Fort Worth, TX 76104
The Awareness Changes Tomorrow Program (ACT III) is for youth ages 14-17. The
purpose of this program is to promote the physical, intellectual, emotional and social
development of disadvantaged youth. UCC staff work with parents, family members and
school systems to help youth achieve academic success,increase self-confidence, improve
social competence within their families and cultivate community awareness and service.
Assistance is also provided for homework, substance abuse prevention,conflict resolution,
and gang avoidance.
The Educational Enrichment Program(EEP) is an affordable, licensed child care program
for children between 4 and 13 years of age. The curriculum is research-based and is
designed to help our students improve their school performance. Through a partnership
with the Fort Worth Independent School District, UCC's specially-trained teachers work
to reinforce and supplement the material and skills being taught in school. In the summer
of 2013 UCC collaborated with a local homeless shelter to provide the EEP for their clients.
In the summer months, the EEP has extended hours and offers safe, fun and educational
activities for children while their parents are at work.
Monthly and Annual Program participation and activity goals are described in Exhibit D.
Effectiveness Measures and Program Outcome goals are described in Exhibit E.
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 13 of 22
Exhibit B
BUDGET NARRATIVE FISCAL YEAR 2019
Please attach a detailed budget narrative that explains the need for all proposed expenditures by
individual item. The budget narrative should clearly explain how funds will be used and why
expenditures are necessary for successful implementation of your program. Please explain how costs
are calculated.
INDIRECT COSTS CANNOT EXCEED 10% OF THE APPROVED BUDGET
DIRECT PROGRAM COSTS (90% Minimum):
A. Personnel:
Salaries ($110,000.00) All personnel work at Bethlehem Center 100% with the
exception of the Program Director who works 20%of the time at Bethlehem Center.
Director of the Center has a bachelor's degree and is an experienced teacher and
coach. He will be focused on grant activities working with instructors in classroom,
working with parents and schools in partnership to ensure successful outcomes for
students, working with educational consultant to ensure quality instruction and
curriculum, and ensuring that Center remains safe and attractive environment
conducive to growth and development of students. (70.0%of salary to grant)
Assistant Director, an experienced instructor and a Center office manager, assists
Director with activities outlined above, including daily interaction with students
and parents at the front desk,keeps everyone and everything on schedule, and is in
charge of the Center whenever the Director is not at Bethlehem Center. The
Assistant Director ensures that nutritious meals are served to all students. The
Assistant Director ensures that all staff and volunteers follow safety guidelines and
procedures. (70.0%to grant)
Program Director together with the ACT III Instructor works directly on curriculum
and instruction of students and deals with the special challenges of the youth as
they transition through adolescence to becoming young adults. (ACT III stands for
Awareness Changes for Tomorrow in Self, Family and Community) provides
activities that lead to the positive academic, social/emotional and physical
development of youth See Exhibit A Scope of work for more detail. Program
Director ensures records are kept appropriately on ACT III students and monitors
student progress. Program Director also ensures compliance and quality control for
our educational enrichment program and works with Director, Educational
Specialists, to ensure program success. In addition Program Director ensures
compliance with State licensing requirements for after-school care. (20.0% to
grant)
ACT III Instructor works directly on curriculum and instruction of students and
deals with the special challenges of the youth as they transition through adolescence
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 14 of 22
to becoming young adults. (ACT III stands for Awareness Changes for Tomorrow
in Self, Family and Community) provides activities that lead to the positive
academic, social/emotional and physical development of youth. (80%to grant)
Educational Enrichment Program (EEP) Instructors implement guided reading
program components, prepare and implement lesson plans, manage classroom
behavior,provide caring and nurturing environment,and ensure safe environment.
(80%to grant)
Custodian ensures center is clean and safe. The custodian also functions as a driver
to transport students from schools. Makes sure food is received and stored for
meals. Works to ensure that all maintenance items are reported for follow-up.Does
safety checks on vehicles. (50%to grant)
Safe Haven Salary Budget Grant Grant
Salaries Hours
Director $ 41,600.00 68.99% $ 28,700.00 1,435
Assistant
Director $ 21,840.00 70.00% $ 15,288.00 1,456
Program
Director $ 50,000.00 18.00% $ 9,000.00 374
EEP Instructor $ 10,000.00 80.00% $ 8,000.00 800
EEP Instructor $ 10,000.00 80.00% $ 8,000.00 800
EEP Instructor $ 10,000.00 80.00% $ 8,000.00 800
EEP Instructor $ 10,000.00 80.00% $ 8,000.00 800
EEP Instructor $ 4,500.00 80.00% $ 3,600.00 360
EEP Instructor $ 2,150.00 80.00% $ 1,720.00 172
EEP Instructor $ 2,150.00 80.00% $ 1,720.00 172
ACT III Instructor $ 10,000.00 80.00% $ 8,000.00 800
Custodian/Driver $ 19,944.00 50.00% $ 9,972.00 1,000
Total $ 110,000.00 8,969
B. Fringe Benefits ($6,598.00)Mandatory employer paid FICA on salaries
110,000 x 7.65% x 78.4% charged to grant=6,598.00
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 15 of 22
C. Travel and Training
D. Equipment:
E. Supplies ($2.00)Office Supplies and Teaching Aids
F. Contracts/Consultants: ($16,390.00) Contracts are with Educational Consultants,
literacy coaches and professional educators with more than 50 years of experience, who
work directly with teachers and staff including training, modeling lessons, helping with
lesson plans, and testing of students. The consultants test each student to place student in
appropriate small reading group and then test at end of school year to measure outcome of
educational program. Also the consultants communicate with parents, and school
personnel to enhance a partnership that leads to academic success for students.
936.55 hours x 25.00 per hour x 70% charged to grant=$16,390.00
INDIRECT COSTS (10% Maximum):
A. Personnel:
B. Fringe Benefits:
C. Travel and Training:
D. Equipment:
E. Supplies:
F. Contracts/Consultants:
G. Other Approved:
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 16 of 22
Exhibit B
Budget Summary
Fiscal Year 2019
DIRECT PROGRAM COSTS(90%Minimum) Total $132,990.00
A.PERSONNEL
Director(1)-$41,000.00*68.99% $28,700.00
Assistant Director(1)-$21,840.00*70% $15,288.00
Program Director(1)-$50,000.00* 18% $9,000.00
EEP Instructors(4)-$10,000.00*80% $32,000.00
EEP Instructor(1)-$4,500.00*80% $3,600.00
EEP Instructors(2)-$2,150.00*80% $3,440.00
ACT III Instructor(1)-$10,000.00*80% $8,000.00
Custodian/Driver(1)-$19,944.00*50% $9,972.00
PERSONNEL TOTAL: $110,000.00
B.FRINGE BENEFITS
FICA-$110,000*7.65%* 78.4% $6,598.00
FRINGE BENEFITS TOTAL $6,598.00
C.TRAVEL AND TRAINING
None
TRAVEL AND TRAINING TOTAL $0.00
D.EQUIPMENT
EQUIPMENT TOTAL $0.00
E.SUPPLIES
Office Supplies $1.00
Teaching Aids $1.00
SUPPLIES TOTAL $2.00
F.CONTRACTS/CONSULTANTS
Educational Specialists $16,390.00
937 hours*$25.00/hour*70%
CONTRACTS/CONSULTANTS TOTAL $16,390.00
G. OTHER APPROVED
None
OTHER APPROVED TOTAL $0.00
INDIRECT PROGRAM COSTS(10%Maximum) Total $0.00
A.PERSONNEL
None
PERSONNEL TOTAL: $0.00—
B.FRINGE BENEFITS
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 17 of 22
None
FRINGE BENEFITS TOTAL $0.00
C.TRAVEL AND TRAINING
None
TRAVEL AND TRAINING TOTAL $0.00
D.EQUIPMENT
None
EQUIPMENT TOTAL $0.00
E.SUPPLIES
None
SUPPLIES TOTAL $0.00
F.CONTRACTS/CONSULTANTS
None
CONTRACTS/CONSULTANTS TOTAL $0.00
G. OTHER APPROVED
None
OTHER APPROVED TOTAL $0.00
GRAND TOTAL $132,990.00
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 18 of 22
FORT WORTH.- Exhibit C
Request for Reimbursement(RFR) _
FY 2019
CRIME CONTROL T
AND PREVENTION DISTRICT 1
Submit To: Submitting Agency:
Bob Bolen Public Sakty Complex Contact Name:
Atm: Keith Monis Phone Number:
Financial Management Division 'Fmk
505 West Felix St --- --- - - ----- -- -
Fort Worth,TX 76115 Rem Address:
Invoice Number:
-- - - Month of Request:
DIRECT COSTS(90%Minitmtm)
A B C D E
Total of Previous A-D
Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance
Requested Request To-Date Available
A Personnel $ 110,000.00 $ - S 110,000.00
B Fringe Benefits $ 6,598.00 $ - S 6,598.00
C Tavel&Training is - $ - S -
D Equipment $ $ - S
E Supplies $ 2.00 $ - S 2.00
F Contracts/Consultants $ 16,390.00 $ $ 16,390.00
Total Direct Costs S 132 90.00 S S S $ 132 90.00
INDIRECT'COSTS(10%Maximum)
A B C D E
Total of Previous (B+Q (A-D)
o ry Budget Amount Reimbursements Request' Total Requested Remaining BalneBudget Cate This Months
Requested
To-Date Available
A Personnel S S -
B Fringe Benefits $ - $ -
C Travel&Training S - S I D Equipment $ - S
E Supplies S - S
F Contracts/Consultants S $
Total lnDirect Costs S $ S S S
Supporting documents required with monthly requests. Summary;
This includes,timesheets depicting CCPD funded activities, Total Budget: S 132,990.00
mpy ofpaychacks,invoices and receipts detailingall CCPD Previous Requests: S
loaded apenditures. This Request: S
Total Requested To-Date S
Retaining Funds S 132y90.00
I have reviewed this request and certify that(hese luted tenses and support documentation are accurate.
Authorized Signatory Signatory Title hate
FiscalAgent Use Only
Purchase Order# Fund Depc 7D Account
RFR Approved For Paynrats
dant Staff SignatureDate
Finance Received Stag Placed Be,.
SAFE HAVEN-United Community Center
CFW and UCC 2019 Page 19 of 22
FORT WORTH
CRL4 CONTROL
&PREvENnoN DISTRICT
Exhibit D
Fiscal Year 2019
Monthly Program Activities Report
Current Reporting Month
Submitting Agency United Community Center, Inc.
Contact Name Don Campion
Phone Number and Email 817-927-5556 dcampion@unitedcommunitycenters.or�
Remit Address 1200 E. Maddox Ave.
Activity Current To Date Year End
Month Total Goal
Total
1 Number of new unduplicated student participants in the Educational
Enrichment Program, including Summer Enrichment Program participants. 96 150
2 Number of hours student participants spend in Educational Enrichment
Program activities during the school year. 21668 25,000
3 Number of hours student participants spend in Summer Enrichment
Program activities during summer months 12156 30,000
4 Number of unduplicated student participants in the ACT III program.
103 200
5 Number of hours student participants spend in the ACT III program.
8216 9,500
6
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
SAFE HAVEN—United Community Center
CFW and UCC 2019 Page 20 of 22
FORT,�WORT_H
CRIME COKMOL
&PREvrxnon MsTwcT
Exhibit E
Fiscal Year 2019
Quarterly Program Effectiveness Measurement Report
Current Reporting Quarter
Submitting Agency United Community Centers, Inc.
Contact Name Don Campion
Phone Number and Email 817-927-5556 dcampion@unitedcommunitycenters.or�
Remit Address 1200 E Maddox Ave. Fort Worth,TX 76104
Please include outcome narrative that describes how measure was accomplished for each quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 70%of Kindergarten through fourth grade students attending at least 80%of the time increased
at least three reading levels during the grant year.
Outcome
Measure 2 70% of fifth through eighth grade students attending at least 80%of the time increased at least
two reading levels during the grant year.
Outcome
Measure 3 70%of students reading three levels or more below grade level attending at least 80%of the time
increased at least two reading levels during the grant year.
Outcome
Measure 4 80%of Summer Enrichment Program students attending at least 80%of the time maintained or
improved their reading level during the summer months.
Outcome
Measure 5 70%of youth who attend at least 80%of the time show a 10%increase in resilience over the
grant year using the Wagnild —Young resilience scale on a pre and post-test basis.
Outcome
I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the
CCPD goals set forth in the contract.
Authorized Signatory Signatory Title Date
Report due each quarter: V Quarter(Oct-Dec)due January 15 2nd Quarter(Jan-Mar)due April 15
3rd Quarter(Apr-June)due July 15 411 Quarter(Jul-Sep) due October 15
SAFE HAVEN—United Community Center
CFw and UCC 2019 Page 21 of 22
ORT WORTH
Cwa cowni«.
�, -.1
• 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
Fringe Benefits
Travel and Training
Equipment
Supplies
Contracts/Consultants
Other Approved
Total Direct Costs
INDIRECT COSTS(10%maximum)
Budget Category Approved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training
Equipment
Supplies
Contracts/Consultants
Other Approved _
Total Indirect Costs
Modification Narrative(describe in detail what change is for)
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title Date
F*?.0 S_'MFFU�_k0jjLY
Modification Approved U Modification NOT Approved
FWPD Staff Signature Date
FY 2019 Interlocal Agreement Safe Haven Program
City of Fort Worth&United Community Center Page 22 of 22
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTI ORTH
COUNCIL ACTION: Approved on 9/25/2018
REFERENCE 35UNITED COMMUNITY
DATE: 9/25/2018 NO.: C-28882 LOG NAME: CENTERS SAFE HAVEN
YOUTH PROGRAM FY19
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Agreement with United Community Centers, Inc., in the Amount of
$132,990.00 for the Operation of a Safe Haven Youth Program at the Bethlehem
Community Center Located at 970 East Humbolt Street for Fiscal Year 2019 (CCPD
Funded) (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with United
Community Centers, Inc., in the amount of$132,990.00 for the operation of a Safe Haven Youth
Program at the Bethlehem Community Center for Fiscal Year 2019.
DISCUSSION:
Youth Safe Havens are places where children in targeted neighborhoods can play and learn with
other children without fear of being victims of a crime. The original Safe Haven Program was
operated in the southeast part of Fort Worth and was later expanded to other neighborhoods in Fort
Worth. The Safe Haven Youth Program at the Bethlehem Center is a prevention program operated by
the United Community Center. The program provides after school programming for at-risk children
and youth. The program also seeks to address factors that lead to at-risk behavior at home and
school. During the course of the year, a typical participant will spend more than 1,000 hours
participating in cultural, sport, and educational activities. The participating children and youth primarily
live in the 76104 zip code, which is located in Council District 8.
This Agreement will be effective October 1, 2018, and end on September 30, 2019.
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 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
Form 1295 FY 2019.pdf
CERTIFICATE OF INTERESTED PARTIES FORM 3.295
1 of 1
I
Complete Nos.1-4 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 filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-390844
United Community Centers, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to t e contract for which the form is 08/10/2018
being filed.
City of Fort Worth Date Acknowledged:
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. i
Safe Haven Program FY 2019
Educational and Social Programs for impoverished children and youth 1
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Campion, Donald Fort Worth,TX United States X
I
I
Esparza,Celia Fort Worth,TX United States X
Hegi,Tom Fort Worth,TX United States X
Smiley, Kevin Fort Worth,TX United States X I
i
Galvan, Robert Fort Worth,TX United States X j
Faile,Tom FortWorth, TX United States X
i
I
{
5 Check only if there is NO Interested Party,
6 UNSWORN DECLARATION
M name is 6)rJe,4�olIZ-OG
My ✓� , and my date of birth is
My address is 2— WdQS 1" R►�n b 0 i
(street) (city) (state) (zip code) (country)
1 declare under penalty of perjury that the foregoing is true and correct. i
Executed in County, Slate of �._.,on the day of !20 .
r (month) (year)
{
i
Signature of authorized agent of con acting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.6711