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HomeMy WebLinkAboutContract 51465CITY SECRETARY CONTRACT CONTRACT NO. —dj 4j 5 STATE OF TEXAS § COUNTIES OF TARRANT, WISE § AND DENTON § AGREEMENT BETWEEN FORT WORTH POLICE ATHLETIC LEAGUE AND CITY OF FORT WORTH 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 Fort Worth Police Athletic League ("FWPAL") acting by and through Allen Speed, its duly authorized President. RECITALS WHEREAS, City has determined that the FWPAL provides services to engage youth in productive activities through prevention and intervention to reduce violent and gang related crimes in the City ("FWPAL Youth Sports Program"); and WHEREAS, City and FWPAL desire to enter into a contract to have such services provided which benefit the Fort Worth community by increasing the safety of neighborhood residents while promoting mentorship that motivates, inspires, and develops confidence in youth; and WHEREAS, City desires to contract with FWPAL to provide such services for the public purpose of crime prevention and youth intervention; and WHEREAS, City, as consideration for the performance of FWPAL Youth Sports Program, has appropriated monies in the Department's Crime Control and Prevention District Fund Budget in the amount of $75,000.00 ("CCPD Program Funds") to provide to FWPAL on a reimbursement basis for the operation of the FWPAL Sports Program, subject to and in accordance with this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: CONTRACT DOCUMENTS The Contract documents shall include the following: 1. This Agreement for the FWPAL iit 2. Exhibit A — Scope of Work 3. Exhibit B — Budget OCA T o��N . Exhibit C — Request for Reimbursement 5. Exhibit 6. Exhibit E - Quarterly Activities Effectiveness Measurement Report r4FT. ICIAL RECORD Y SECRETARY CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 1 of OR. TX 7. Exhibit F — Request for Budget Modification 8. Exhibit G — Disbursement Schedule All Exhibits A through G, which are attached hereto and incorporated herein, and 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 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 "FWPAL" shall include FWPAL, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "Party" shall refer to either City or FWPAL. The term "Parties" shall refer to both City and FWPAL. The term "CCPD Fund" shall refer to the portion of money allocated in Fiscal Year 2019 to the Fort Worth Police Department in City's Crime Control and Prevention District Fund. AGREEMENT 1. Responsibilities of FWPAL. FWPAL 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" — Program Scope of Work, attached, and incorporated herein for all purposes incident to this Agreement. FWPAL shall be responsible for day-to-day administration of the FWPAL Sports Program. FWPAL agrees to expend the Program Funds in accordance with its FWPAL Sports Program budget, described in Exhibit "B," attached. Program activities shall be reported in accordance with Exhibit "D," attached. 2. Program Funds. 2.1 In no event shall the total distribution of Program Funds from City made to FWPAL during the term of this Agreement exceed the total sum of $75,000.00. 2.2 Payment of the Program Funds from City to FWPAL shall be made on a cost - reimbursement basis following receipt by City from FWPAL of a signed Request for Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support documentation. The Payment of Program Funds from City to FWPAL shall be in accordance with the Disbursement Schedule (Exhibit "G") and this Agreement. At its sole discretion, the City may decline to issue Program Funds to FWPAL for any month in which the FWPAL failed to spend at least 50% of the previous month's actually disbursed Program Funds. FWPAL shall deliver to City a written detailed Program Activities Report as described in CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 2 of 24 Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by FWPAL or duly authorized officer of FWPAL. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15th day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Submit the monthly RFR with an original signature by an authorized representative 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. Reimbursements shall be made within 30 days receipt of said documents. 2.3 FWPAL 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, FWPAL must 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. Budget adjustments 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, and shall end on September 30, 2019. All of FWPAL's expenditures under this Agreement must be completed no later than September 30, 2019. CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 3 Of 24 4. Program Performance. 4.1 FWPAL agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit "A." 4.2 FWPAL agrees to provide a monthly Program Activities Report to document the performance of the work described in Exhibit "D", respectively. The Program Activities 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. The monthly Program Activities shall be submitted to City no later than the 15th day after the end of each month. 4.3 FWPAL agrees that the monthly Request for Reimbursement and Program Activities Report will be submitted to City no later than the 1511, day after the end of each month. Should FWPAL not meet these requirements, FWPAL will be given an additional 15 days to submit the required reports to City. If, at the end of this 15 -day extension period, FWPAL has not submitted the required reports, City will send a non-compliance letter notifying FWPAL'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 general fund. All monies distributed to FWPAL hereunder shall be exclusively from monies received from the general fund appropriated for the purpose of funding this agreement, and not from any other monies of City. In the event that funds from 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 FWPAL 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 FWPAL 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 The City may terminate this Agreement at any time and for any reason by providing the other party with thirty (30) days' written notice of termination. 5.3 Termination will be effected by delivering to FWPAL a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon FWPAL's receipt of notice of termination, FWPAL 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; CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 4 of 24 (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, FWPAL 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, FWPAL shall return to City any property provided hereunder. City will have no responsibility or liability for FWPAL'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. FWPAL shall maintain all equipment used in the administration and execution of the FWPAL Sports Program. FWPAL shall maintain, replace, or repair any item of equipment used in support of the FWPAL Sports 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 FWPAL Sports Program and/or for use under the terms of this Agreement is the sole responsibility of FWPAL. FWPAL shall not use Program Funds or City funds to repair or replace said equipment. FWPAL shall use any and all equipment purchased with Program Funds exclusively in support of the FWPAL Sports Program. Within 10 days following the purchase of equipment, FWPAL shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grant 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 FWPAL 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 FWPAL under this Agreement. FWPAL, 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 FWPAL's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. FWPAL 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 FWPAL by City. If questions are not resolved CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 5 of 24 within this period, City reserves the right to withhold further funding under this and/or future contract(s) with FWPAL. 7.3 If, as a result of any audit, it is determined that FWPAL misused, misapplied, or misappropriated all or any part of the Program Funds, FWPAL 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 FWPAL'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, making final payments, disposing of FWPAL Sports Program assets as appropriate, if deemed required by City in its sole discretion. 7.5 FWPAL covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by FWPAL under this Agreement, and City shall have access at all reasonable hours to offices and records of FWPAL, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Section 7 shall survive the expiration of termination of this agreement. 8. Independent Contractor. 8.1 FWPAL shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. FWPAL shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior shall not apply as between City and FWPAL, 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 FWPAL. No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by the 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 the Contractor, and any program participant 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 FWPAL, nor any program participant hereunder is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by FWPAL, 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 FWPAL, its officers, members, agents, employees, subcontractors, program CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 6 of 24 participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liability and Indemnification. FWPAL SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING DEATH, TOANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF FWPAL, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. FWPAL 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 PROPERTYDAMAGE 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)FWPAL'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF FWPAL, 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 COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. FWPAL shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non -Assignment. No assignment or delegation of duties under this Agreement by FWPAL shall be effective without City's prior written approval. 11. Prohibition AEainst 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 FWPAL Sports Program is situated; and no other public official of such locality or localities who exercises any functions or CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 7 of 24 responsibilities with respect to the FWPAL Sports 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. FWPAL 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 FWPAL 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 FWPAL of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of FWPAL, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of FWPAL 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, FWPAL 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 FWPAL will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will FWPAL permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 FWPAL 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, FWPAL shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. FWPAL 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 FWPAL employee who is not legally eligible to perform such services. FWPAL SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY FWPAL, FWPAL'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to FWPAL, shall have the right to immediately terminate this Agreement for violations of this provision by FWPAL. 13. Compliance. 13.1 FWPAL, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state, and local, including all CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 8 of 24 ordinances, rules, and regulations of City. If City calls to the attention of FWPAL in writing to any such violation on the part of FWPAL or any of its officers, members, agents, employees, subcontractors, or program participants, then FWPAL shall immediately desist from and correct such violation. 13.2 FWPAL 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 FWPAL in writing to any such violations on the part of FWPAL or any of its officers, members, agents, employees, program participants, or subcontractors, then FWPAL shall immediately desist from and correct such violation. 14. Waiver of Immunity. If FWPAL 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, FWPAL 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. 15. Insurance Requirement. 15.1 FWPAL 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. (d) Any other insurance the City may reasonably require to protect the interests of the City. 15.2 FWPAL'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 FWPAL further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect FWPAL and City from CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 9 of 24 and against any and all Worker's Compensation claims arising from the work and services provided under 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 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 16.4 FWPAL 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 and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Jesus J. Chapa, Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 10 of 24 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 FWPAL: Allen Speed, President Police Athletic League 505 W. Felix Street Fort Worth, TX 76115 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 FWPAL 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 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. CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 11 of 24 IN WITNESS WHEREOF, the parties hereto have executed this agree...ent in multiples in Fort Worth, Tarrant County, Texas, to be effective this g�sr day of DbeX , 20 -t& - APPROVED AND AGREED FOR CITY OF FORT WORTH Jesus J. Chapa Assistant City Manager Date: D —,,-> 4�—AF APPROVAL RECOMME DED Chief Joel F. Fitzgerald Chief of Police Date: j DLL r6/ / ��--- APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH Matthew A. Murray Date: l3 Form 1295 Certification No.: 2018-402107 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensu rig, a11 Rerf ma e and reporting requirements. Name w n Title ��, <t ��, Q'gh'rt's OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 12 of 24 APPROVED D AGREED FOR FORT WORTH PO CE ATHLETIC LEAGUE Allen Speed President I% Date: APPROVED AS TO FORM AND LEGALITY FOR FWPAL FWPAL Attorney Date: ATTEST Mary J. ayse City Secretar y Date: M&C No. -7 OFFICIAL RECORD CITY SECRETARY FT WORTH, TX CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 13 of 24 EXHIBIT A SCOPE OF WORK The Fort Worth Police Athletic League (FWPAL) mission is to unite the Communities of Fort Worth with its Police Department by providing youth programs and mentorship that motivates, inspires and develops confidence, trust and respect. FWPAL a 501(c)(3) with a board of directors that are volunteers of both civilians through the community and sworn Peace Officers. Currently the FWPAL has the following youth sports programs to include boxing (ages 8-17 for boys and girls), flag football (ages 5-13 for boys and girls), Code Blue after Dark Basketball program (ages 8-17 for boys and girls), cheerleading (ages 5-17) and outdoor excursions for ages 8-17 for boys and girls. It has been proven the past two years the FWPAL programs develop self-discipline, self-respect, self- confidence, self-respect, and sportsmanship. In addition our programs create L.E.A.D.E.R.S! Leadership, Ethics, Achievement, Development, Encouragement, Respect and Safety. In addition to our youth sports programs an emphasis on education to include literacy of all kids enrolled, monitoring their grades to include good conduct and holding them accountable. The above listed youth sports programs the FWPAL meets daily to include the two boxing gyms (North and East) and a weekly mentoring program that promotes community involvement and engagement. Furthermore the FWPAL has created an Outdoor Excursion Program that promotes youth awareness regarding nature, camping (dormitories) that includes team building, team sports and positive interaction with documented Mentors. All of the above programs also have an emphasis on good conduct, law abiding and teaching the youth of our City to be the best they can be. The Fort Worth Pal is aware that providing children with the tools they need to develop and building their confidence and allowing them to believe in themselves they can successfully pursue their dreams. Currently the FWPAL list of volunteers and coaches (Mentors) for the two boxing gyms (North and East) who have gone through extensive background checks to include NCIC and TCIC. In addition these coaches are registered through USA and have met all requirements to include training, reportable incidents as required by law etc. The FWPAL believe since there is youth involvement the safety of the youth is our #1 priority. The breakdown for the Coaching Staff is as follows and their responsibilities: NORTH FWPAL Head Coach Joe Guzman, Assist Coaches Sgt. Joseph Maldonado (Board Member and North Pal Facilitator), Cruz Rodriguez. All staff is responsible for overseeing the youth development in the sport of boxing to include boxing techniques, physical conditioning to include cardiovascular, repetitions etc. All coaches are registered with USA Boxing. EAST FWPAL Head Coach Kendrick Releford, assistant Coach Officer Eric Canales (Fort Worth School Resource Officer that has approximately 10 kids from North Crowley High that he transports to the gym). Both are FWPAL Board Members and Officer Canales is the East FWPAL Gym Coordinator. CHEERLEADING: Under the direction of Taylor Covington this program which has 50 kids enrolled will be active to include upgrading some required equipment to include tumbling mats, and other apparatus that can further promote this Cheerleading program. Taylor is responsible for informing the Board of Directors for FWPAL on progress, recruitment, equipment needs etc. The above coaches are responsible for weekly and monthly documentation to include attendance, schedules, events, logistics, and overall development of the programs they oversee as well as the CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 14 of 24 need documentation to the President to ensure compliance. The above Boxing programs are responsible for development and promotion of the Boxing programs, recruit inner city kids to prevent crime, promote education and literacy, and overall youth development as liaisons for the FWPAL. In addition Coaches are responsible for checking report cards, viewing youth attendance records to ensure truancy is not allowed. For the 2018 calendar year FWPAL achieved 11 Golden Gloves which is remarkable for the amount of time some of these boxers have been involved in the sport. A typical list of activities include at least 5 boxing tournaments to include preparing for Golden Gloves, Silver Gloves, Nationals, and other USA sanctioned events. The operating hours for the North FWPAL is 18:00 hours to 20:30 hours Monday through Friday and when preparing for boxing tournaments Saturdays and Sundays as sparring and developing the youth performance. FLAG FOOTBALL (includes newly developed Flex Football). Commissioner Patrick Brown who is responsible for overseeing the development and direction of the FWPAL Flag Football League. Responsibilities are to recruit youth for the advancement of the Football League, recruit local coaches, coordinate the referees, oversee all equipment that is ordered to include Jerseys, footballs, flex helmets etc. with the approval of the FWPAL Board of Directors. During the 2019 year the FWPAL will continue to promote and grow their sports programs from the previous years. For 2018 the Flag Football League reached 325 and for 2019 goal will to be reach 500. In addition the FWPAL will create a new Flag Football League by investing in the Flex program which includes additional safety measures of equipment (helmet and pads) even though it still will be flag football. This League will be a first in the City of Fort Worth and further demonstrates the FWPAL level of commitment in leading youth sports for safety. The scope of work will continue strive to promote the Cheerleading program to include in purchasing new equipment that will promote safety and wellness. In addition the scope of the work for 2019 for FWPAL will be to further promote the Code Blue after dark Basketball program to include sponsoring a tournament to promote youth sports and positive engagement between the Police Department and the youth of our communities. Lastly the FWPAL has created a weekly mentorship with the Flag Football Commissioner on implementing the Cal Ripken Sr, Badges for Baseball to include weekly meetings, taking tours within Government Facilities, promoting literacy and education. Weekly and monthly training topics will be covered under the mentoring program to include curriculum to include Healthy Choices that covers personal responsibility and financial literacy and ways to keep the youth engaged. This includes having a plan, keeping activities structured, using visual tools and diagrams, providing feedback, encouraging the youth, setting parameters and sticking to them, assigning groups and teams, setting and achieving goals to include attendance, allowing the youth to have input, staying consistent and creating routines. Most importantly will be rewarding all of the youth in all of our programs through positive reinforcement and encouragement. CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 15 of 24 EXHIBIT B BUDGET NARRATIVE FISCAL YEAR 2019 DIRECT PROGRAM COSTS: (70k) A. Personnel: $3,500 will be allocated to cover the cost of referees for both Flag Football, Flex Football League and Code Blue Basketball for referees for the league and tournaments promoting the basketball league. 3500 referees (15 per game * 2 refs) B. Fringe Benefits: N/A C. Travel and Training: $15,000 will be allocated to cover the costs of the North and East FWPAL Boxing gyms for approximately 6 boxing tournaments to include both Golden and Silver Gloves, National Pal and USA Sponsored Tournaments. In addition a fuel reimbursement for the boxing coaches for gas reimbursement, meals and if board approved per diem to cover the cost of meals and lodging for tournaments 2 hours or more away from Fort Worth. In addition this will cover the cost for advance training for the board of directors for advanced training in the best interest to promote youth sports approved by the Board of Directors. 15000 break out -6 trips (3 destination tournaments and 3 local tournaments) -registration $100 per kid -3 coaches per trip/ 10 kids per trip D. Equipment: $29,500 where the majority of the 2019 CCPD Budget is to cover the costs of fully equipping the North FWPAL Boxing gym, $6500 for an approved boxing ring, equipping the gym with speed bags, body bags, mats etc. Both East and North PAL Gyms will each receive 3 treadmills, 3 elliptical' s, 3 sit up benches to increase cardio and muscular development. The Flex Flag Football League will have 4 six grade teams with 12 players and each teams will cost $1200 to equip. The total for the Flex League will be $4800 for equipment. 7500 Ring 4800 —Helmets and shoulder pads 1200 Flag Football- flags footballs, coolers 17000- treadmills (3), elliptical (3), weights, benches (3) E. Supplies: $9,000 will cover the costs to include certificates, plaques, banners, etc. For Code Blue Basketball 200 youth in a league and costs for jerseys will be 15 dollar each. 3000 Jerseys 6000 —awards, plaques, certificates- "promotional" F. Contracts/Consultants: $3,000 has been allocated for the outdoor excursion. Approximately 30 of the FWPAL will be transported to Camp David (18 acre property with boys and girls dormitories) for CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 16 of 24 youth awareness for nature, team building, team sports etc. $3000 outdoor excursion $100 X 30 kids G. Other Approved: $10,000 to pay an occupancy fee for the East FWPAL gym. During the summer months this equates to approximately $500 a month. Since the North FWPAL will be covering the same costs, l0k would cover both gyms for the 12 month period. Any money that is not used in this will be voted and used for equipment or the youth programs. INDIRECT COSTS (10% maximum) (5k) A. Personnel: B. Fringe Benefits: N/A C. Travel and Training: N/A D. Equipment: N/A E. Supplies: N/A cleaning supplies F. Contract/Consultants: $5,000 has been allocated for the insurance to cover youth participating in sports. G. Other Approved: N/A CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 17 of 24 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS (90% Minimum) Total $70,000.00 A. PERSONNEL Referees for multiple sports. PERSONNEL TOTAL: $3,500.00 B. FRINGE BENEFITS Monthly rent for two gyms. FRINGE BENEFITS TOTAL $0.00— C. TRAVEL AND TRAINING Tournament travel. TRAVEL AND TRAINING TOTAL $15,000.00 D. EQUIPMENT Several equipment items needed throughout each location. EQUIPMENT TOTAL $29,500.00 E. SUPPLIES Certificates, plaques, banners, cleaning supplies, etc. SUPPLIES TOTAL $9,000.00 F. CONTRACTS/CONSULTANTS Expenses for outdoor excursion at Camp David. CONTRACTS/CONSULTANTS TOTAL $3,000.00 G. OTHER APPROVED Occupancy rent for both East and North gyms. OTHER APPROVED TOTAL $101000.00 INDIRECT PROGRAM COSTS (10% Maximum) Total $5,000.00 A. PERSONNEL PERSONNEL TOTAL: $0.00 B. FRINGE BENEFITS None FRINGE BENEFITS TOTAL $0.00- C. TRAVELAND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D. EQUIPMENT None EQUIPMENT TOTAL $0.00 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY19 Page 18 of 24 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 19 of 24 E. SUPPLIES None SUPPLIES TOTAL $0.00 F. CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $5,000.00 Contractors used for all sports throughout the year. G. OTHER APPROVED None OTHER APPROVED TOTAL GRAND TOTAL $75,000.00 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 19 of 24 FORT WORTH, Exhibit C i'...,- Request for Reimbursement (RF32) DIRECT COSTS (90% Minimum) B C D Fiscal Year 2019 CRIME COMROI Budget Category AND PREMNTION DISTRICT Total of Previous B Reimbursements This Month's Total Requested Requested Request To -Date Submit To: Submitting Agency: FW PAL Bob Bolan Public Safety Complex Contact Name: Officer Allen Speed Attn: PD Grants Mara trent ge Phone Number: 817.944.2725 Financial Management Division Einai- allenspeed fortworthtexas.ao v 505 West Felix St $ Fort Worth, TX 76115 i Remit Address: Fringe Benefits Invoice Number: —__-------- Month of Request: Supporting documents required with monthly requests. Summary: A A DIRECT COSTS (90% Minimum) B C D E E Budget Category Budget Category Total of Previous B Reimbursements This Month's Total Requested Requested Request To -Date Budget Amount Total of Previous This Month's Reimbursements Request Total Requested Requested To -Date Remaining (A -D) Balance Available A Personnel $ 3,500.00 $ $ 3,500.00 B Fringe Benefits $ - $ - S - C Travel & Training $ 15,000.00 $ - $ 15,000.00 D Equipment $ 29,500.00 $ - $ 29¢00.00 E Supplies $ 9,000:00 $ $ 91000.00 F Contracts/Consultants $ 3,000.00 $ 3,000.00 G Other $ 10,000.00 $ 10,000.00 Total Direct Costs $ 70,000.00 $ $ $ S 70,000.00 Supporting documents required with monthly requests. Summary: A INDIRECT COSTS (10% Maximum) B C D copy ofpaychecics, invoices and receipts detailing all CCPD E fundedespenditures. Budget Category Budget Amount Total of Previous B Reimbursements This Month's Total Requested Requested Request To -Date Remaining (A -D) Balance Available A Personnel $ _ $ _ B Fringe Benefits $ _ $ _ C Travel & Training $ - $ _ D Equipment $ - S - E Supplies S - S F Contracts/Consultants $ 5,000.00 $ - $ 5,000.00 G Other S Total lnDirectCosts Is 5,000.00 $ 1 $ $ S 5,000.00 Supporting documents required with monthly requests. Summary: This includes, timesheets depicting CCPD funded activities, Total Budget: S 75,000.00 copy ofpaychecics, invoices and receipts detailing all CCPD Previous Requests: $ fundedespenditures. This Request: S Total Requested To -Date $ Remaining Funds' S 75,000.00 I have reviewed this request and certify that these listed expenses and support documentation are accurate Authorized Signatory Fiscal Agent Use Only Purchase Order# Fund Dept ID Account RFR Approved For Payment Gant Staff Signature Date Finance Received Stamp Placed Below CFW aW2bQ 't 'NF"ICE ATHLETIC LEAGUE FYI — . Inge 20 oT24 - FORT WORTH CRWE CwrMM & PREvvmm Dismcr Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Activity Submitting Agency Fort Worth Police Athletic League (FWPAL) Contact Name Officer Allen Speed Phone Number and Email 817-944-2725 Allen.speed@fortworthtexas.gov Remit Address 817-944-2725 AIIen.Speed@fortworthtexas.gov 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 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY 19 Page 21 of 24 Activity Current To Date ' Year Month Total End Total Goal 1 Unduplicated number of students participating in the FWPAL programs. 615 2 Number of volunteer recruiting and community support contacts made 100 to new stakeholders. 307.5 3 50% of youth participating in FWPAL programs will complete the pre/post safety surveys administered. 4 80% of youth participating in the FWPAL program will provide report 492 cards in order to prove academic and truancy compliance throughout the school year. 5 40% of participants will attend at least one community service events 246 offered. 6 Number of participants that will have a 70% attendance record 450 throughout all FWPAL programs. 7 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 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY 19 Page 21 of 24 FORT WORTH CRIME CONTROL PREVEKnoN DIsmcr Exhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Effectiveness Measures and Quarterly Outcomes Submitting Agency Fort Worth Police Athletic League (FWPAL) Contact Name Allen Speed Phone Number and Email 817-944-2725 AIIen.Speed@fortworthtexas.gov Remit Address 505 W. Felix Street Fort Worth Texas 76106 PIease include outcome narrative that describes how measure was accomplished for each quarter. I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: 1St Quarter (Oct -Dec) due January 15 2nd Quarter (Jan -Mar) due April 15 3 d Quarter (Apr -June) due July 15 41h Quarter (Jul -Sep) due October 15 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY 19 Page 22 of 24 Effectiveness Measures and Quarterly Outcomes Measure 1 FWPAL will report 11,920 Volunteer hours for all programs. Outcome Measure 2 FWPAL will recruit 25 of new volunteers or community support stakeholders. Outcome Measure 3 70% of program participants will report an improvement in grade cards. Outcome Measure 4 80% of program participants will report they "feel safer" as measured by the pre/post surveys. Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: 1St Quarter (Oct -Dec) due January 15 2nd Quarter (Jan -Mar) due April 15 3 d Quarter (Apr -June) due July 15 41h Quarter (Jul -Sep) due October 15 CFW and FORT WORTH POLICE ATHLETIC LEAGUE FY 19 Page 22 of 24 ORT WORT Claw count Pnav[mr*o Dmnu • 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 DIRECT COSTS (90% minimum) Submitting Agency Fort Worth Police Athletic League (FWPAL) Contact Name Officer Allen Speed Phone Number and Email 817.944.2725 AIIen.Speed@fortworthtexas.gov Remit Address $15,000.00 INDIRECT COSTS (10•A maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants $5,000.00 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 Modification Approved FWPD Staff Signature Signatory Title FWPD STAFF USE ONLY Date 0 Modification NOT Approved CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 23 of 24 Date DIRECT COSTS (90% minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel $3,500.00 Fringe Benefits Travel and Training $15,000.00 Equipment $29,500.00 Supplies $9,000.00 Contracts/Consultants $3,000.00 Other Approved $10,000.00 Total Direct Costs $70,000.00 INDIRECT COSTS (10•A maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants $5,000.00 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 Modification Approved FWPD Staff Signature Signatory Title FWPD STAFF USE ONLY Date 0 Modification NOT Approved CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 23 of 24 Date FORT ORTM CRIMCONt>ROL _ AND PMM4TION DLSTPJCT Exhibit G Disbursement Schedule Form Fiscal Year 2019 Submit To: Bob Bolan Public Safety Complex Attn: Alma Ibarra Contract Compliance Specialist Financial Management Division 505 West Felix St. Fort Worth, TX 76115 Monthly Spending Schedule Fort Worth Police Athletic Submitting Agency League (FWPAL) Contact Name: Officer Allen Speed Phone Number: 817.944.2725 Email: alien. s peed(dfortworthtexas. gov Remit Address: Invoice Number: December Month of Request: 13,000.00 Monthly Spending Schedule Actual Disbursed Expenses Reported Percentage Spent October $ 13,000.00 November $ 13,000.00 December $ 13,000.00 January $ 3,600.00 February $ 3,600.00 March $ 3,600.00 April $ 3,600.00 May $ 3,600.00 June $ 3,600.00 July $ 3,600.00 August $ 3,600.00 September $ 3,600.00 October $ 3,600,00 Total $ 75,000.00 I have reviewed this request and certify that these listed expenses and support documentation are accurate. Authorized Signatory Signatory Title Date Fiscal Aggent Use Only Purchase Order # Fund Dept ID Account RFR Approved For Payment Gaunt Staff Signature Date FY 2019 CFW CCPD Program CFW and FORT WORTH POLICE ATHLETIC LEAGUE FYI Page 24 of 24 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. i - 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-402107 Fort Worth Police Atiletic League Fort Worth, TX United States Date Filed: 09/10/2018 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. Fort Worth Police Department Date AcknI I L o edg d 1 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. FY2019 CCPD Program Fort Worth Police Athletic League is a 501c3 Nonprofit that has a mission to unite the communities of Fort Worth with its Police Department. Mentorship of Boxing, Flag Football, basketball etc. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Fort Worth Police Athletic League Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARA'nON j My name is �' 4 r=h f-1 1 �J .1 S_ CID and my date of birth is � My address is _ J J �%r }' f / i 7C ��r r 7wir • (street) (city) (state) (Ap code) (country) I declare under penalty of perjury that the foregoing is true and correct. I� e-- Executed 'Executed in r�+i�-� County, State of S on the JQ!day of 20 . (month) (year) Signature of authorized agent O—fcorActing business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711