HomeMy WebLinkAboutContract 51575 CITY SECRETARY
41< conlTRACT No. 51535
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Q `yb AGREEMENT FOR COMMUNITY BASED PROGRAM
Girls Embracing Mothers,Inc, (GEM)
FISCAL YEAR 2019
In consideration of the mutual covenants, promises and agreements contained herein, THIS
AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a
home rule municipal corporation of the State of Texas, ("City") acting by and through Jesus
Chapa, its duly authorized Assistant City Manager, and Girls Embracing Mothers, Inc. (GEM)
a Texas private non-profit corporation ("Contractor") acting by and through Brittany Barnett,
President and CEO, its duly authorized representative.
RECITALS
WHEREAS, City has determined that Community-Based Programs are necessary to
support crime prevention in City during Fiscal Year 2019 to meet one or more of the Crime
Control and Prevention District ("CCPD") goals, which are (1) to support efforts to reduce
violent crime and gang-related activities through enhanced enforcement activities and crime
prevention programs, (2) to support efforts to increase the safety of residents and to decrease
crime throughout Fort Worth neighborhoods, and (3) to support efforts to increase the safety of
youth and reduce juvenile crime through crime prevention and intervention programs; and
WHEREAS, Contractor has agreed to operate a Community-Based Program called the
Pearl Program, which will support the police department's crime prevention efforts throughout
the community; and
WHEREAS, City desires to enter into an agreement with Contractor to operate the Pearl
Program and
WHEREAS, City, as consideration for the performance of Contractor, has appropriated
monies in the CCPD Budget in the amount of $32,000.00 ("Program Funds") to provide to
Contractor on a reimbursable basis for the operation of the Pearl Program subject to and in
accordance with this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT DOCUMENTS
The Agreement documents shall include the following:
1. This Agreement between City and Contractor
2. Exhibit A—Proposal Abstract and Narrative
3. Exhibit B—Budget
4. Exhibit C—Request for Reimbursement
5. Exhibit D—Program Activities Report OFFICIAL RECORD
CITY SECRETARY
FY 2019 Community Based Program FT. WORTH,TX
Girls Embracing Mothers,Inc.(GEM) Page 1 of 21
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, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of
Exhibits A through F and the terms and conditions set forth in the body of this Agreement, the
terms and conditions of this Agreement control.
DEFINITIONS
The term"City" shall include City, and its officers, agents, employees, and representatives.
The term"Contractor" shall include Contractor, and its officers, agents, employees,
representatives, servants, contractors, and subcontractors.
The term"Party" shall refer to either City or Contractor.
The term"Parties"shall refer to both City and Contractor.
AGREEMENT
1. Responsibilities of Contractor.
Contractor covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, all work and services described in Exhibit "A" — Proposal Narrative.
Contractor shall be responsible for day-to-day administration of the Pearl Program. Contractor
agrees to expend the Program Funds in accordance with the Budget as described in Exhibit "B".
Program activities shall be reported in accordance with Exhibit "D"- Program Activities Report
and effectiveness measures shall be reported in accordance with Exhibit "E"- Program
Effectiveness Measures Report.
2. Program Funds.
2.1 In no event shall the total distribution from City made to the Contractor during the Term
of this Agreement exceed$32,000.00 ("Program Funds").
2.2 Payment of the Program Funds from City to Contractor shall be made on a cost-
reimbursement basis following receipt by City from Contractor of a signed Request for
Reimbursement (RFR), as described in Exhibit "C" along with copies of all receipts and other
supporting documentation. Contractor shall deliver to City a written detailed Program Activities
Report and Program Effectiveness Measures Report as described in Section 4.2 below with each
RFR to support expenditure of Program Funds. Such reports shall be signed by the Contractor or
duly authorized officer of the Contractor. The RFR and monthly Program Activities Report shall
be submitted to City no later than the 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.
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The monthly RFR, with an original signature by an authorized representative, must be submitted
to the Grants and Program Management Section of the Fort Worth Police Department,
ATTENTION: Contract Compliance Specialist, Financial Management Division, Bob
Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115. Reimbursements
will not be made until after receipt of an acceptable and approved RFR and a monthly Program
Activities Report from the Contractor. Additionally, a quarterly Program Effectiveness
Measurement Report from Contractor is required as described in section 4.2 and must be
approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said
documents.
2.3 Contractor is authorized to modify up to five (5) percent of any budgeted line-item in the
original approved budget without prior written permission from City. However, Contractor
must submit the Request for Budget Modification Form (Exhibit "F") to City, with the monthly
RFR, during the month the modification took place. The new modified budget cannot exceed the
total amount of Program Funds.
2.4 Any modifications of more than five (5) percent of any budgeted line-item in the original
approved budget must have prior written permission from City before the modifications are
made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be
approved by City, before any money is moved to the line-item. Once the Budget Modification is
approved, the modified budget will take effect on the first day of the following month. The new
modified budget shall not exceed the total amount of Program Funds.
2.5 Any modifications to zero line-items in the original approved budget must have prior
written permission from City before the modifications are made. The Budget Modification Form
(Exhibit "F") must be completed and approved by City before money is transferred into the new
line-item. Once the Budget Modification is approved,the modified budget will take effect on the
first day of the following month. The new modified budget shall not exceed the total amount of
Program Funds.
2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not
be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of
Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3, 2.4. and
2.5.
Budget adjustments shall be submitted to the Contract Compliance Specialist, Financial
Management Division, the Fort Worth Police Department at Bob Bolen Public Safety
Complex at 505 W. Felix St., Fort Worth,Texas, 76115.
3. Term. This Agreement shall commence upon October 1, 2018 ("Effective Date"), and
shall end on September 30, 2019 ("End Date"). All of Contractor's expenditures under this
Agreement must be completed no later than September 30, 2019.
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4. Program Performance.
4.1 Contractor agrees to maintain full documentation supporting the performance of the work
and fulfillment of the objectives set forth in Exhibit"A."
4.2 Contractor agrees to provide a monthly Program Activities Report and quarterly Program
Effectiveness Measurement Report to document the performance of the work described in
Exhibit "D" and Exhibit "E," respectively. The Program Activities and Effectiveness Measures
shall document the program activity names, numbers of participants attending, details of the
activities, and a description of the goals achieved in support of the CCPD goals. Program
Effectiveness Measures shall be reported on a quarterly basis and included in the January, April,
July, and October RFR and Program Activities Report submittals. Additionally, the Program
Effectiveness Measurement Report must include descriptions of any realized successes. The
monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be
submitted to City no later than the 15' day after the end of each month.
4.3 Contractor agrees that the monthly Request for Reimbursement and Program Activities
Report and quarterly Program Effectiveness Measurement Report will be submitted to City no
later than the 15t' day after the end of each month. Should Contractor not meet these
requirements, Contractor will be given an additional 15 days to submit the required reports to
City. If, at the end of this 15-day extension period, Contractor has not submitted the required
reports, City will send a non-compliance letter notifying Contractor's duly authorized
representative of a possible suspension of program funding.
4.4 A representative of the program shall attend quarterly meetings of the Crime Control and
Prevention District Board as requested.
5. Default and Termination.
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds
from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from
monies received from the CCPD, and not from any other monies of City. In the event that funds
from the CCPD are not received in whole or in part, City may, at its sole discretion, terminate
this Agreement and City shall not be liable for payment for any work or services performed by
Contractor under or in connection with this Agreement.
5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year
for any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions of
payments herein agreed upon for which funds have been appropriated.
5.3 The City may terminate this Agreement at any time and for any reason by providing the
other party with thirty (30) days' written notice of termination.
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5.4 Termination will be effected by delivering to Contractor written notice of termination.
Upon Contractor's receipt of notice of termination, Contractor shall:
(a) Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
(b) Place no further order or subcontracts, except as may be necessary for completion of the
work not terminated;
(c) Terminate all orders and contracts to the extent that they relate to the performance of the
work terminated by the notice of termination; and
(d) Cease expenditures of Program Funds, except as may be necessary for completion of the
work not terminated.
5.5 In the event City suspends or terminates this Agreement, Contractor expressly waives
any and all rights to monetary damages, including but not limited to actual, consequential, and
punitive damages, court costs and attorney's fees.
5.6 Within thirty (30) days following the date of termination of this Agreement, Contractor
shall return to City any property provided hereunder. City will have no responsibility or liability
for Contractor's expenditures or actions occurring after the effective date of termination of the
Agreement.
6. Equipment and Maintenance. All equipment purchased with Program Funds must
meet all eligibility requirements of City. Contractor shall maintain all equipment used in the
administration and execution of the Pearl Program. Contractor shall maintain, replace, or repair
any item of equipment used in support of the Pearl Program 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 Pearl Program and/or for use under the terms of
this Agreement is the sole responsibility of Contractor. Contractor shall not use Program Funds
to repair or replace said equipment. Contractor shall use any and all equipment purchased with
Program Funds exclusively in support of the Pearl program. Within 10 days following the
purchase of equipment, Contractor shall submit to City a detailed inventory of all equipment
purchased with Program Funds to the Grants and Program Management Section at the address
set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description
of each piece of equipment, the date each piece of equipment was purchased, the cost of
purchase for each piece of equipment, and the location of each piece of equipment.
7. Administrative Reauirements.
7.1
Contractor agrees to keep sufficient records to document its adherence to applicable local, state, and
federal regulations, along with documentation and records of all receipts and expenditures of
Program Funds. All records shall be retained for three (3) years following the termination or
completion of this Agreement. City or its representatives shall have the right to investigate,
examine, and audit at any time any and all such records relating to operations of Contractor under
this Agreement. Contractor, its officers, members, agents, employees, and subcontractors, upon
demand by City, shall make such records readily available for investigation, examination, and audit.
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In the event of such audit by City, a single audit of all Contractor's operations will be undertaken
and may be conducted either by City or an independent auditor of City's choice. Contractor shall
submit a copy of any audit performed by their independent auditor within 30 days of receipt of the
final audit report.
7.2 If any audit reveals a questioned practice or expenditure, City shall notify Contractor as
soon as reasonably practical. Contractor shall have fifteen (15) days to provide City with a
written explanation and any supporting documentation regarding the practice or expenditure. If
Contractor fails to resolve or cure the questioned practice or expenditure, to the City's
satisfaction, within the fifteen (15) day period, City reserves the right to withhold further
Program Funds under this and/or future agreement(s) with Contractor.
7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied or
misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the
amount of such monies so misused, misapplied or misappropriated, plus the amount of any
sanction, penalty, or other charge levied against City because of such misuse, misapplication or
misappropriation.
7.4 Contractor's obligation to City shall not end until all closeout requirements are
completed. The closeout requirements shall include, but are not limited to: providing final
Program Activities Report and Program Effectiveness Measurement Reports, making final
payments, and disposing of Pearl Program assets as appropriate, if deemed required by the City
in its sole discretion.
7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by Contractor under this Agreement, and
work to be performed by Contractor under this Agreement and City shall have access at all
reasonable hours to offices and records of Contractor, its officers, members, agents, employees,
and subcontractors for the purpose of such monitoring.
Section 7 shall survive the expiration or termination of this Agreement.
8. Independent Contractor.
8.1 Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, or servant or employee of City. Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, members, agents, servants, employees, subcontractors, program participants, licensees,
or invitees. The doctrine of respondent superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees, or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. No federal, state, or local income tax, nor any payroll
tax of any kind, shall be withheld or paid by City on behalf of Contractor. Contractor shall not be
treated as an employee with respect to the services performed pursuant to this Agreement for
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federal or state tax purposes. It is expressly understood and agreed that officers, members,
agents, employees, subcontractors, licensees, or invitees of Contractor, and any program
participants hereunder are not eligible for, and shall not participate in any employer pension,
health, or other fringe benefit plan provided by City. It is expressly understood and agreed that
City does not have the legal right to control the details of the tasks performed hereunder by
Contractor, its officers, members, agents, employees, subcontractors, program participants,
licensees, or invitees.
8.2 City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed, or in any way damaged.
9. Liability and Indemnification.
CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,
ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES HARMLESS AGAINST ANYAND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)
CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND
CITY, RESPONSIBILITY, IF ANY, SHALL BE 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.
Contractor shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
This section shall survive the expiration or termination of this Agreement.
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10. Non-Assignment. No assignment or delegation of duties under this Agreement by
Contractor shall be effective without City's prior written approval.
11. Prohibition Against Interest.
11.1 No member, officer, or employee of City, or its designees or agents; no member of the
governing body of the locality in which the Pearl program is situated; and no other public official
of such locality or localities who exercises any functions or responsibilities with respect to Pearl
program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for work to be performed hereunder.
Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest,
in all contracts and subcontracts hereunder.
11.2 No officer, employee, member, or program participant of Contractor shall have a
financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be
financially interested, directly or indirectly, in the sale to Contractor of any land, materials,
supplies, or services purchased with any funds transferred hereunder, except on behalf of
Contractor, as an officer, employee, member, or program participant. Any willful violation of
this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors,
shall render this Agreement voidable by City of Fort Worth.
12. Nondiscrimination.
12.1 In accordance with the federal, state, and local laws and ordinances, Contractor
covenants that neither it nor any of its officers, members, agents, employees, program
participants, or subcontractors, while engaged in performing this Agreement shall in connection
with the employment, advancement, or discharge of employees, in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age,
except on the basis of a bona fide occupational qualification, retirement plan, statutory
requirement, or statutory or ordinance exception.
12.2 Contractor will not unlawfully discriminate against any person or persons because of
age,race, color,religion, sex, disability, national origin, or sexual orientation, nor will Contractor
permit its officers, members, agents, employees, subcontractors, or program participants to
engage in such discrimination.
IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM
SUCH CLAIM.
This section shall survive the expiration or termination of this Agreement.
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13. Compliance.
13.1 Contractor, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of City. If City calls to the attention of Contractor in writing to
any such violation on the part of Contractor or any of its officers, members, agents, employees,
subcontractors or program participants, then Contractor shall immediately desist from and
correct such violation.
13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended
under the terms and conditions of this Agreement. If City calls the attention of Contractor in
writing to any such violations on the part of Contractor or any of its officers, members, agents,
employees, program participants or subcontractors, then Contractor shall immediately desist
from and correct such violation.
14. Governmental Powers. It is understood that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers.
15. Waiver of Immunity. If Contractor is a charitable or nonprofit organization and has or
claims an immunity or exemption (statutory or otherwise) from and against liability for damages
or injury, including death,to persons or property; Contractor hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or common
law.
16. Insurance Requirement.
16.1 Coverages and Limits. Contractor shall provide the City with certificate(s) of insurance
documenting policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
(a) Commercial General 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 interest of the City.
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16.2 Contractor's insurer(s) must be authorized to do business in the State of Texas for the
lines of insurance coverage provided and be currently rated in terms of financial strength and
solvency to the satisfaction of the City's Risk Manager. All insurers must have a minimum
rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If the rating is below
that required, written approval of Risk Management is required.
16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in
favor of the City. Each insurance policy required by this Agreement, except for policies of
worker's compensation or accident/medical insurance shall list the City as an additional
insured. City shall have the right to revise insurance coverage requirements under this
Agreement.
16.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of
Texas and shall provide sufficient compensation insurance to protect Contractor and City from
and against any and all Worker's Compensation claims arising from the work and services
provided under this Agreement.
16.5 The commercial general liability policy shall name the City as an additional insured
thereon, as its interests may appear.
16.6 A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-
payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas
Street, Fort Worth, Texas 76102,with copies to the City Attorney at the same address.
16.7 Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
16.8 Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to
this Agreement.
17. Miscellaneous Provisions.
17.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph, or other part of this Agreement shall be determined to be invalid by a court or Federal or
state agency, board, or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
17.2 City's failure to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely upon any such term or right on any future occasion.
17.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this Agreement, venue for said
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action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
17.4 Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Agreement
and to perform the responsibilities herein required.
17.5 This written instrument and Exhibits A through F constitute the entire agreement between
the parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall
be void.
17.6 Any amendments to the terms of this Agreement must be in writing and must be signed
by authorized representatives of each Party.
17.7 None of the performance rendered under this Agreement shall involve, and no portion of
the Program Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity, nor
shall said performance rendered or funds received be utilized so as to benefit, directly or
indirectly, any such sectarian or religious facility or activity.
17.8 The parties acknowledge that each party and its counsel have reviewed this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
17.9 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
17.10 The provisions and conditions of this Agreement are solely for the benefit of City and
Contractor and are not intended to create any rights, contractual or otherwise,to any other person
or entity.
17.11 Contractor certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue
Service. Contractor shall notify City in writing of any changes to its 501(c)(3)tax-exempt status
during the term of this Agreement.
18. Notice.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery or
via U.S. Postal Service certified mail,postage prepaid,to the address of the other party shown below:
CITY: Jesus Chapa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth,TX 76102
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Copies To: Financial Management Division
Bob Bolen Public Safety Complex
505 West Felix St.
Fort Worth, TX 76115
City Attorney's Office
Attn: Police Contracts
200 Texas Street
Fort Worth,TX 76102
CONTRACTOR: Brittany K. Barnett
Founder/Chief Executive Officer
2904 Floyd St., Suite A
Dallas,TX 75204
19. Immieration Nationality Act.
Contractor shall verify the identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under
this Agreement. Contractor shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Contractor
employee who is not legally eligible to perform such services. CONTRACTOR SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately
terminate this Agreement for violations of this provision by Contractor.
20. Backeround Screening For Persons Working With Children.
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.
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IN WITNESS WHEREOF,the parties hereto have -x cuted this a eement in multiples in Fort
Worth,Tarrant County, Texas,to be effective this have:
of 0
APPROVED AND AGREED FOR APPROVED AND AGREED FOR
CITY OF FORT WORTH Girls Embracing Mother,Inc. (GEM)
Jesus Chapa Brittany K. Barn
Assistant City Manager Chief Executive Officer
Date: /��/�—/ 9 Date: 0 - ;1 - U
APP R VAL, RECOMMENDED APPROVED AS TO FORM AND
LEGALITY FOR GIRLS
L EMBRACING MOTHERS, INC.
Joel F: Fitzgerald (GEM)
Chief of Police
Date: t( 1a-Li Girls Embracing M hers, Inc. (GEM)
APPROVED AS TO FORM AND Date: -JA - g
LEGALITY FOR CITY OF FORT
WORTH
7A �OFZ-r
Thomas Royce Hansen ATTEST O� '' O�
Assistant City Attorney
Contract Compliance Manager: B ♦r
P g Y Mary J. K- se
signing I acknowledge that I am the City Secret TEXP$
person responsible for the monitoring
and administration of this contract, Date:
incjg
ensuri 1 performance and
rep reme ts. M&C No.NOT REQUIRED
Alma barra 1295 CERTIFICATION: Z 1 $ - 41 t 6 6 q
Contract Compliance Specialist
OFFICIAL RECORD
CITY SECRETARY
FY 2019 Community Based Program FT. WORTH,TX
Girls Embracing Mothers,Inc.(GEM) Pae13 of 21
EXHIBIT A
SCOPE OF WORK
PROGRAM ABSTRACT
Provide a short description of your program to be funded.Please summarize the problem
and what your program will do to address it. (Roughly 2 paragraphs in length on a separate
page)
GEM is the only identified organization in Northeast Texas that offers services focused solely on
girls with mothers in prison. Texas incarcerates more women by sheer number than any other
state in the country. We know that children with incarcerated mothers are at least 5 times more
likely to become incarcerated at some point during their lifetime.These children are more likely
to become involved in substance use,drop out of high school, and engage in sexually risky
behaviors all of which place these children at greater risk for juvenile crime. We recognize the
humanity in the marginalized society of incarcerated mothers and their daughters and work to
build solidarity within this population. We create space for intergenerational healing of girls with
incarcerated mothers. GEM programming aims to address these critical issues associated with
maternal incarceration.
Girls Embracing Mothers,Inc. is a Dallas based 501(c)(3)non-profit organization. GEM's
primary focus is to empower girls in grades K-12 with mothers in prison to break the cycle of
incarceration and lead successful lives with vision and purpose. Through a partnership with the
Texas Department Criminal Justice,the program accomplishes its mission and goals by
transporting girls from the North Texas area to a women's prison in Gatesville to engage in
supportive programming to improve relationship quality and self-esteem, and to deter negative
life outcomes such as future criminal activity. The program supports development of life skills
including literacy, social skills, and educational support.
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit A Page 14 of 21
FORT WORTH
CRIME CONTROL
&PREVENTION DIsmu
Exhibit B—Budget Narrative
2018-2019
The attached budget for the GEM,Inc.Pearl program reflects cost to the agency to expand current services to
increase the number of participants served by the GEM program in the City of Fort Worth.The program would
extend services in the programmatic areas addressed by this proposal based on the funding awarded through the
CCPD RFP 18-0202.The current budget does not include a request for funding related to personnel,fringe costs,
equipment,or indirect costs.Expenses related to direct travel,supplies,and consultant services are addressed in this
narrative and the attached budget worksheets.The cost calculated by this proposal are reflective of expenses from
the general GEM operating budget.The costs were calculated to the itemized request based on the number of
participants served multiplied by the number of sessions for each item.
Direct Travel
Travel expenses represent a majority expense for the functioning of the GEM Pearl Program,because program
implementation occurs outside of the city of agency location at the Texas Department of Criminal Justice penal
institutions where the mothers of daughters participating in the program are currently incarcerated.Travel costs are a
reflection of the direct cost of securing transportation to those institutions.Transportation of participants to Texas
women's prisons in Gatesville is calculated based on the current cost of 15 participants to this facility through the
secured transportation service provider.The cost of$15,000 represents the annual fee for this service which will
allow for the transport of 15 minor children round trip via bus 12 times during the program year.This cost represents
a discounted rate,as GEM currently partners with a transportation company that offers a 30%in-kind donation of
transportation services.
Direct Supplies
Supply cost represented in this budget reflect the costs of providing meals,the clinical curriculum,and the
enrichment activity/craft at each session offered once monthly at the prison facility to mother and child.The supply
cost for the program were calculated to the itemized request based on the number of participants served multiplied
by the number of session for each item.Further the cost of curriculum,meals,and enrichment activity(crafting)
supplies is based on the current GEM budget for these components serving the same number of participants(15-30)
as the current request.The current request for$13,500 would allow the GEM program to increase participation in
the program among City of Fort Worth target population and maintain programming at the same level.
Direct Contracts/Consultants
Consultation expenses represent a contract with Licensed Clinical Social Worker to ensure the effective
implementation,and application of the identified program curriculum.The contracted clinician/administrator will
also be assisting with the assessment of program evaluation,and data collection to effectively measure program
goals and objectives.
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 15 of 21
Foxr�Wox„T,x
CRIME CONTROL
&PREVENI70N DIsTR1cT
Exhibit B
Budget Summary
Fiscal Year 2019
DIRECT PROGRAM COSTS 90%Minimum Total $32,1110.00
A. PERSONNEL
$0.00
PERSONNEL TOTAL: $0.00
B. FRINGE BENEFITS
$0.00
FRINGE BENEFITS TOTAL $0.00
C.TRAVEL AND TRAINING
Contracted Bus Services to Prison
$15,000.00
TRAVEL AND TRAINING TOTAL
$15,000.00
D. EQUIPMENT
EQUIPMENT TOTAL $0«00
E.SUPPLIES
Social Skills Curriculum, Meals, Craft Supplies
$13,500.00
SUPPLIES TOTAL
$13,Sfl0.00
F.CONTRACTS/CONSULTANTS
Training and Demonstration of Curriculum for Agency
Staff $3,500.00
CONTRACTS/CONSULTANTS TOTAL
$3,500.00
G. OTHER APPROVED
OTHER APPROVED TOTAL $0.00
INDIRECT PROGRAM COSTS(10%Maximum) Total $0.00
A. PERSONNEL
PERSONNEL TOTAL:
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 16 of 21
FORT WORTH
CRIME CONTROL
&PREVENTION DISTRICT
B. FRINGE BENEFITS
FRINGE BENEFITS TOTAL
C.TRAVEL AND TRAINING
TRAVEL AND TRAINING TOTAL
D. EQUIPMENT
EQUIPMENT TOTAL $0.00
E.SUPPLIES
SUPPLIES TOTAL $0.00
F.CONTRACTS/CONSULTANTS
CONTRACTS/CONSULTANTS TOTAL $0.00
G. OTHER APPROVED
OTHER APPROVED TOTAL $0.00
GRAND TOTAL $32,000.00
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit B Page 17 of 21
#oRrIWOR'I',�Ss Exhibit C
Request for Reimbursement(RFR)
FY 2019
C'RPAF CONTROL
AND Pt1£:Y1rd01001 O TIOCTt.
__........__....._.___ _...................._.........
.
j SubmittifgAgency: Girls Embracing Mothers(GEM),Inc.Submit To:
Bob
Bolen Public Safety Complex i Contact Nath: Allison Tomlinson
Attn: Contract Compliance Specialist E Phone Number: 817-939-4034
Financial Management Division [ Email: allisonctomlinsonCaDamail.com
505 West Felix St. Remit Address: 2904 Floyd Street,j Fort Worth,TX 76115 Y t,Ste.A,Dallas,TX 75204
i Invoice Number:
......___...._..._...............____........_............................._............................i Month ofRequest:
DIRECT COSTS(90%Minimum)
A E C D E
Total of Previous (B+C) (A-D
Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance
Requested Request
q To-Date Available
A Personnel S S $
B Fringe Benefits S - $ $
C Travel&Training S 15,000.00 $ S 15,000.0
D Equipment $ S S
E Supplies $ 13,500.00 S 13,500.00
F Contracts/Consultants $ 3,500.00 $ 31500.00
G Other Approved S $
Total IN rect Costs $ 32 .00 $ S $ $ 3 00
INDIRECT COSTS(10%Maximum)
A B C D E
Total of Previous (B+Q A-D
Budget Category Budget Amount Reimbursements This Month's
Requested Request Total Requested Remaining Balance
To-Date Available
A Personnel $ $
B Fringe Benefits $ $
C Travel&Training S - $ .
D Equipment S $
E Supplies $ S
F Contracts/Consultants S S
G Other Approved $ S $
Total InDirect Costs r$ $ $ S S
Supporting documents required with monthly requests. Summary:
This includes,timesheets depicting CCPD funded activities,copy Total Budget: $ 32,000.00
of paychecks,invoices and receipts detailing all CCPD funded _
Previous Requests:: S
expenditures. This Request: S
Total Requested To-Date $
Remaining Funds $ 32,000.00
I have reviewed this request and cerrifv that these listed expenses and support documentarian are accurate.
Authorized Signatory Sigpetory Title Date
Fiscal Agent Uwe t?nty
Purchase Order# Fund Dept rD Account
PFR Approved For Payment
Grant Staff Signature Date 1
Finance Received Stamp Placed Below
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit C Page 18 of 21
FORT WORTH
CRIME CONTROL
&PREVENTION DISTRICT
Exhibit D
Fiscal Year 2019
Monthly Program Activities Report
Current Reporting Month
Submitting Agency Girls Embracing Mothers,Inc. (GEM)
Contact Name Allison Tomlinson
Phone Number and Email 817-939-403411 allisonctomlinsonngmail.com
Remit Address 2904 Floyd Street Ste. A, Dallas, TX 75204
Activity Current To Date Year
Month Total End
Total Goal
1 Total number of visits between mother daughter that include: 180
• A curriculum based character education and life skills session
• A family meal
• A family engagement exercise
2 Number of unduplicated children served. 15
3 Average number of visits per unduplicated daughters served.
4 Number of completed self-assessment surveys. 30
5 Number of curriculum surveys completed. 30
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
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)-Exhibit D Page 19 of 21
FORT WORTH
CRIME CONTROL
&PREVENTION DISTRICT
Exhibit E
Fiscal Year 2019
Quarterly Program Effectiveness Measurement Report
Current Reporting Quarter
Submitting Agency Girls Embracing Mothers, Inc. (GEM)
Contact Name Allison Tomlinson
Phone Number and Email 817-939-4034/allisonctomlinsonggmail.com
Remit Address 2904 Floyd Street Ste. A, Dallas, TX 75204
Please include outcome narrative that describes how measure was accomplished for each quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 80 percent will report an increase in perceptions of self-esteem on the annual the self- assessment
survey.
Outcome
Measure 2 80 percent will report an increase in relationship quality between mother and daughter on the
annual Curriculum survey.
Outcome
Measure 3 80 percent of GEM(daughter)participants will attend 100%of program visits.
Outcome
Measure 4
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: I"Quarter(Oct-Dec)due January 15 2"d Quarter(Jan-Mar)due April 15
31 Quarter(Apr-June)due July 15 41 Quarter(Jul-Sep)due October 15
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit E Page 20 of 21
FORT WORTH„
CRIME CONTROL
&PREVENTION DISTRICT
• Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR
• More than 5%of any budgeted line-item must have prior City approval
• An increase in a zero line-item must have prior City approval
• Modifications cannot be made between Direct and Indirect costs
Exhibit F
Request for Budget Modification
Fiscal Year 2019
Date
Submitting Agency Girls Embracing Mothers, Inc. GEM
Contact Name Allison Tomlinson
Phone Number and Email 817-939-4034/ allisonctomlinson mail.com
Remit Address 2904 Floyd Street Ste. A, Dallas,TX 75204
DIRECT COSTS "%minimum)
Budget Category App roved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training $15,000.00
Equipment
Supplies $13,500.00
Contracts/Consultants $3,500.00
Other Approved
Total Direct Costs $32,000.00
DIRECT COSTS 10% maximum
Budget Category App roved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training
E ui ment
Supplies
Contracts/Consultants
Other Approved
Total Indirect Costs
Modification Narrative describe in detail what change is for
1 have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title Date
FWPD STAFF USE ONLY
C3 Modification Approved C3 Modification NOT Approved
FWD Staff Signature Date
FY 2019 Community Based Program
Girls Embracing Mothers,Inc.(GEM)—Exhibit F Page 21 of 21