HomeMy WebLinkAboutContract 54661 CSC# 54661
AGREEMENT FOR COMMUNITY BASED PROGRAMS
TEXAS NEW ERA CENTER
FISCAL YEAR 2021
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 TEXAS NEW ERA CENTER, a Texas non-
profit corporation ("Contractor"), acting by and through Mark York, its duly authorized
representative.
RECITALS
WHEREAS, City has determined that Community-Based Programs are necessary to
support crime prevention in City during Fiscal Year 2021 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 Project
Phoenix ("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 Project
Phoenix; and
WHEREAS, as consideration for Contractor's performance and operation of Project
Phoenix, City has appropriated monies in the CCPD Budget in the amount of $37,134.90
("Program Funds")to provide to Contractor on a reimbursable basis, 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—Scope of Work: Cover Sheet, Project Plan, and Program Narrative
3. Exhibit B—Budget Narrative Worksheet
4. Exhibit C—Request for Reimbursement (RFR)
5. Exhibit D—Project Plan Status Report
6. Exhibit E—Quarterly Outcomes Report OFFICIAL RECORD
7. Exhibit F—Request for Budget Modification Form CITY SECRETARY
FT. WORTH, TX
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8. Exhibit G—Corrective Action Plan Template
9. Exhibit H—Previous Year's Corrective Action Plan (if applicable)
Exhibits "A" through "H", 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" — Scope of Work and Project
Plan. Contractor shall be responsible for the day-to-day administration of the Program. Contractor
agrees to expend the Program Funds in accordance with the Budget Narrative Form as described
in Exhibit`B". Program activities shall be reported in accordance with Exhibit"D"- Project Plan
Status Report and quarterly measures shall be reported in accordance with Exhibit"E"- Quarterly
Outcomes 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 the total sum of$37,134.90 ("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 Project Plan Status
Report and Quarterly Outcomes 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 Project Plan Status Report shall be submitted to City no
later than the 15th day following the end of the month. Submittal of a monthly RFR Project Plan
Status Report and Quarterly Outcomes Report is required even if services are not provided.
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Each monthly RFR should be sequentially numbered and include expense documentation that is
legible,detailed,clear and concise. The submitted RFR shall include monthly and quarterly reports
as applicable. Submissions must be scanned and submitted to the Grants and Program Management
Section of the Fort Worth Police Department. Submissions should be titled"Texas New Era Center
-RFR Month"and sent either via email to CPD_Grants(rfortworthtexas.gov,or via mail addressed
as such: 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 Project Plan Status Report from the Contractor. Additionally, a Quarterly Outcomes
Report is required as described in section 4.2 and must be approved prior to reimbursements.
Reimbursements shall be made within 30 days of receipt of said documents. Incomplete or
incorrect submissions shall be returned to the Contractor for resubmission, restarting the 30-day
reimbursement schedule.
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 request must include justification for
modification to the budget, and 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.
2.7 Contractor will document cost allocations for all budgeted expenses throughout the entirety
of the Agreement and will be responsible for having a policy and procedure in place for this
documentation. Specifically, Contractor will document how all shared costs, personnel time, or
equipment that was fully or partially paid for using CCPD funds, were used in furtherance of the
program activities described in this Agreement. Documentation of these cost allocations, as well
as a copy of the Contractor's policy and procedures for the documentation of the cost allocations
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shall be made available to the City upon request.
2.8 The City reserves the right to reject any budget modification that the City believes, in its
sole discretion, is not clearly aligned with the program activities and any requests for
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
"B" of this Agreement or an approved budget modification form.
2.9 Budget Adjustments shall be submitted via either email
to CPD_Grants@fortworthtexas.gov or to the Contract Compliance Specialist, Financial
Management Division, Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth,
Texas, 76115.
3. Term
This Agreement shall commence upon October 1, 2020 ("Effective Date"), and shall end
on September 30,2021 ("End Date"). All of Contractor's expenditures under this Agreement must
be completed no later than September 30, 2021. The City reserves the right to withhold the final
Request for Reimbursement until all required documents have been received by the Contractor.
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 Project Plan Status and Quarterly Outcomes Report
to document the performance of the work described in Exhibit"D" and Exhibit"E,"respectively.
The Project Plan Status and Quarterly Outcomes Report 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.Quarterly Outcomes Report shall be reported on a quarterly
basis and included in the January, April, July, and October RFR and Project Plan Status Report
submittals.Additionally,the Quarterly Outcomes Report must include descriptions of any realized
successes, and zip code data for unduplicated participants. The monthly Project Plan Status and
Quarterly Outcomes Report shall be submitted to City no later than the 15th day after the end of
each month.
4.3 Contractor agrees that the monthly Request for Reimbursement and Project Plan Status and
Quarterly Outcomes Report will be submitted to City no later than the 15th day after the end of
each month. Should Contractor not be able to meet these requirements in a given month, the
Contractor shall provide written notification prior to the deadline that details the expected date of
submission. If no notification is received before the 15th day, the City may document for future
corrective action. If, by the last day of the same month, 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 Contractor agrees to complete a Corrective Action Plan ("CAP") in the event of three (3)
consecutive months or six (6) non-consecutive months with incomplete or incorrect submissions
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of an RFR, Project Plan Status, or Quarterly Outcomes Report. Contractor agrees to complete a
Corrective Action Plan for recurring late submissions of an RFR,Project Plan Status, or Quarterly
Outcomes Report, or for failing to take corrective actions and responding to audit reports by the
City. The CAP will contain the identified issue found by the City,how the Contractor will correct
that issue, who the responsible person will be to ensure completion, and a target completion date.
An example of this form is attached as Exhibit"G".
4.5 A representative of the program from the Contractor 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.
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
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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 the
City. Contractor shall maintain all equipment used in the administration and execution of the
Program. Contractor shall maintain, replace, or repair any item of equipment used in support of
the 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
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 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 Requirements
7.1 Contractor agrees to keep sufficient records to document its adherence to applicable local,
state, and federal regulations, along with documentation and records of all receipts and
expenditures of Program Funds and to allow for reasonable audits of such records during regular
business hours, at the expense of the City or Contractor, with such audit to be performed by an
auditor selected by the City or the Board.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. 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 (performed by staff in the
Police Department or the City's Internal Audit Department) or an independent auditor approved
by the City or Board. 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 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
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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 Project Plan Status
Report and Quarterly Outcomes Report, making final payments, and disposing of the 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.
7.6 Throughout the term of this Agreement and for up to three months after its expiration, the
City may periodically request, and the Contractor will be required to provide, information for the
purposes of evaluating the overall effectiveness of Crime Control and Prevention District(CCPD)
funding. This information will include, but may not be limited to, the zip-codes of participating
individuals of the program(s)receiving CCPD funding. Requested information will consist solely
of aggregated data without any personal identifiers. Further, any information requested will not
be used in a way that would violate local, state, or federal statutes, regulations, or policies.
7.7 If the Contractor maintains the information the City is requesting, the Contractor shall
provide the requested information to the City within 30 days of receipt of the request. If the
Contractor does not maintain the requested information as of the date it receives the City's request,
the Contractor shall begin collecting such information as of that date, shall provide an initial
response regarding that information within sixty days, and shall thereafter update that information
on request.
7.8 If necessary, an amendment may be brought forward to identify additional specific metrics
that Contractor will be required to maintain and provide to the City to evaluate the effectiveness
of the Crime Control and Prevention District Funding.
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
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or paid by City on behalf of Contractor. Contractor shall not be treated as an employee with respect
to the services performed pursuant to this Agreement for federal or state tax purposes. It is
expressly understood and agreed that officers, members, agents, employees, subcontractors,
licensees, or invitees of Contractor, and any program participants hereunder are not eligible for,
and shall not participate in any employer pension, health, or other fringe benefit plan provided by
City. It is expressly understood and agreed that 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
ONLY TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE
STATE OF TEXAS AND LIMITED BY THE LIMITS OF LIABILITY AS SET FORTH IN
THE TEXAS TORT CLAIMS ACT (TEXAS CIVIL PRACTICE AND REMEDIES CODE
CHAPTER 101), CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
ONLY TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE
STATE OF TEXAS AND LIMITED BY THE LIMITS OF LIABILITY AS SET FORTH IN
THE TEXAS TORT CLAIMS ACT (TEXAS CIVIL PRACTICE AND REMEDIES CODE
CHAPTER 101), 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 OFANYKIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH)
THAT MAYRELATE TO,ARISE OUT OF, OR BE OCCASIONED BY(I) 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 THISAGREEMENT;EXCEPT THAT THE INDEMNITYPROVIDED
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 CONSTR UED AS A WAIVER OF THE
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CITY'S GOVERNMENTAL IMMUNITY AS 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.
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 the City, or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the
Program during this 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.
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ONLY TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE
STATE OF TEXAS AND LIMITED BY THE LIMITS OF LIABILITY AS SET FORTH
IN THE TEXAS TORT CLAIMS ACT (TEXAS CIVIL PRACTICE AND REMEDIES
CODE CHAPTER 101),IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM
SUCH CLAIM.
This section shall survive the expiration or termination of this Agreement.
13. Compliance
13.1 Contractor, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of City. If City calls to the attention of Contractor in writing 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 be 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:
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(a) Commercial General Liability(CGL): Contractor is self-insured in keeping with the terms
of the Texas Tort Claims Act. Contractor will furnish a Certificate of Self-Insurance in lieu of the
required general liability insurance certificate.
(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.
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 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. Contractor will furnish a Certificate of Self-Insurance in lieu of the required
Worker's Compensation insurance certificate.
16.5 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.
16.6 Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
16.7 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
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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 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 "H" 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.
FY2021 Community Based Programs Agreement Page 12 of 33
Between CFW&Texas New Era1JWJ
17.12 Contractors are required to conduct criminal background screenings for all volunteers or
employees who will be working with children under the proposed program. All criminal
background checks shall be in compliance with Texas Department to Family and Protective
Services standard, the Texas Administrative Code and all other applicable law. Contractors will
be responsible for conducting criminal background screening and for maintain appropriate records,
which will be subject to review by the City. CONTRACTORS SHALL INDEMNIFY CITY AND
HOLD HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
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
Copies To: Contract Compliance Specialist
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: Texas New Era Center
Mark York, Treasurer
1408 N. Washington Ave. #240
Dallas, TX, 75204
19. Counterparts: Electronically Transmitted Signature
This Agreement, as well as any associated documents to this Agreement, including RFR's and
Budget Modifications may be executed in one or more counterparts, each of which when so
executed and delivered shall be considered an original, but such counterparts shall together
constitute one and the same instrument and agreement. Any signature delivered by a party by
facsimile or other electronic transmission (including email transmission of a portable document
file (pdf) or similar image) shall be deemed to be an original signature hereto.
FY2021 Community Based Programs Agreement Page 13 of 33
Between CFW&Texas New Era1JWJ
20. Immigration 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.
[REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
FY2021 Community Based Programs Agreement Page 14 of 33
Between CFW&Texas New Era1JWJ
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective this nth day of October , 20 20 .
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR
OF FORT WORTH TEXAS NEW ERA CENTER
Jesus Chapa(Oct 9,202021:28 PDT)
Jesus J. Chapa Mark York
Assistant City Manager Treasurer
Date: Oct 9,2020 Date: 10/7/2020
APPROVAL RECOMMENDED APPROVED AS TO FORM AND
����ud, LEGALITY FOR TEXAS NEW ERA
Edwin Kraus(Oct 8,202015:04 CDT) CENTER
Edwin Kraus
Chief of Police
Date:
Oct 8,2020 Attorney for Texas New Era Center
Date:
APPROVED AS TO FORM AND
O�FORT�oaA
LEGALITY FOR CITY OF FORT ATTEST o ° °
dvo a=o
WORTH ,kw Ratut�A. C� °o 6°° o
or Ronald P.Gonzales(Oct ,2020 08:50 CDT) d
� d� XASop
Mary J. Kayser 4�11
Jessika Williams City Secretary
Assistant City Attorney Oct 12,2020
Date:
Date: Oct 9,2020
M&C No. NOT REQUIRED
1295 CERTIFICATION: 2020-660376
Contract Compliance Manager: By signing I
acknowledge that I am the person responsible
for the monitoring and administration of this
contract, including ensuring all performance
and reporting requirements.
Ad'&W�11—
Keith Morris
Contract Compliance Manager
Date: Oct 7,2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FY2021 Community Based Programs Agreement Page 15 of 33
Between CFW&Texas New Era/JwJ
FY2021 CRIME CONTROL AND PREVENTION DISTRICT
PROPOSAL COVER SHEET
CONTRACTOR: Texas New Era Center/JwJ AMOUNT REQUESTED: $37,134.90
PROGRAM/PROJECT TITLE: Project Phoenix
DIRECTOR: Mark York PHONE NUMBER: (214)826-4808
PHYSICAL ADDRESS: 1408 N.Washington Ave.#240,Dallas,TX 75104
CONTACT PERSON:Mark York EMAIL ADDRESS:jason@texasnewera.org
PHONE NUMBER: (214)826-4808 FAX NUMBER: (682)518-6376
PROGRAM PURPOSE STATEMENT: Project Phoenix aims to attack the primary factors leading to criminal activity
namely: homelessness,poverty,and food insecurity,through the economic stability of apprenticeships and trade careers.
GEOGRAPHICAL AREA/COUNCIL DISTRICT SERVED: Please mark all that apply
Q Specific Zip Code(s)—Specify below: (S)City Wide(ALL) Q Council District 3 Q Council District 4
Q Council District 2 Q Council District 6 Q Council District 7
Q Council District 5 Q Council District 8 Q Council District 9
CONTRACTOR STATUS: Z Registered Private Nonprofit(5010) ❑ Registered Public Nonprofit
COOPERATIVE AGREEMENT USE(SECTION 27) Z Yes ❑ No
MARK THE APPLICABLE CCPD GOAL(S)—see"Definitions of Underlined Terms"before making a selection
❑ Reduce violent crime through crime prevention programs
❑ Reduce gang-related activities through crime prevention programs
❑ Increase safety in neighborhoods(see"Direct Neighborhood Project")
❑ Decrease crime in neighborhoods(see"Direct Neighborhood Project")
Z Increase the jsqfLe1y of youth through crime prevention programs or intervention programs
Z Reduce juvenile crime through crime prevention programs or intervention programs.
MARK(IF APPLICABLE) THE CCPD SPECIAL EMPHASIS
Z Program incorporates literacy instruction/skills for children ages 0-9.
MARK THE PRIMARY TARGET POPULATION(S)
Z Previously Adjudicated Z Never Adjudicated ❑ Children of Adjudicated
Z Adults Z Children ❑ Parents
CERTIFICATION:
I certify that the information contained in this contract fairly represents the above-named Contractor's operating
plans and budget. I acknowledge that I have read and understand the requirements and will comply with all
applicable rules and regulations relating to the contract process. I certify that I am authorized to sign this form and
to enter into and execute a contract with the City of Fort Worth to provide the services authorized.
NAME: Mark York // TITLE: Treasurer
SIGNATURE: �, �d�1P� DATE: 10/7/2020
FY2021 Community Based Programs Agreement Page 16 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
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EXHIBIT A: PROGRAM NARRATIVE
PROGRAM ABSTRACT
Project Phoenix "Second Choice" strives to educate high school students on the value of apprenticeship and
trade craft training as a practical career alternative to post-secondary education.There is a growing need for youths,
especially those in lower income families,to have a means to advance economically, socially, and professionally.
By providing alternatives,we alleviate the need to resort to criminal means to provide for families, achieve a sense
of self-worth, and to become self-sustaining.
PROBLEM AND CAUSES
1) Programs must address at least one of the following CCPD problem area(s) from the Goal selected on
the cover sheet: violent crime, gang-related activities, laftly of residents and/or youth, crime in Fort
Worth neighborhoods, or iuvenile crime. Agencies should consult the specific definitions included in
this packet. Please justify your selection on the cover sheet by
a. Identifying and describing the problem area(s) relevant to your program.
b. Identifying if your contract is for a crime prevention program, intervention program, or a direct
neighborhood proiect.
c. Please describe in detail the causes of those problem area(s) and cite sources.
Statement of Purpose
Partnered with the North Texas's AFL-CIO affiliates, Texas New Era Center/Jobs With Justice (TNEC/
JwJ) recognizes that one way to diminish the "school-to-prison pipeline" syndrome is by expanding alternatives
to incarceration by creating economic opportunities through union jobs. Project Phoenix is a comprehensive
program addressing the disparate impact of the "pipeline"by providing community-based solutions to change the
narrative for at risk populations. Project Phoenix seeks to increase community safety not only by decreasing the
major contributing factors to reoffend, but through intervention in the juvenile criminal justice cycle by offering
pre-apprenticeship programs,professional development, and skills training towards a trade where college is not a
viable option. Our goal to intercede the "prison pipeline aligns with the CCPD goal of increasing safety for youth
through crime prevention and intervention. Further, the "Second Choice" program offers an alternative to crime
that rises to meet the CCPD goal of juvenile crime prevention and intervention. "Second Choice"works to enhance
literacy skills of youth including; reading, writing, and speaking, through use of education, training, and
apprenticeship.
Statement of Problem
National data findings indicate as many Americans have a history of arrest by age 23 as have earned a
college degree. An estimated I in 3 young Americans across all racial and gender groups have a record of arrest
by age 23 (Friedman, 2015). As the cost of college increases, higher education moves farther and farther out of
reach for graduating high school seniors. Students need a viable path from poverty towards a life sustainable
career. Project Phoenix recognizes and addresses the growing need for youths, especially those in lower income
families, to have a means to strive economically, socially, and professionally. Through alternative career options
we alleviate the need to resort to criminal behavior, and help youth develop skills like self-worth and self-
sufficiency leading to better life outcomes. Project Phoenix — "Second Choice" program introduces youths to a
diverse array of career choices through our partnership with over 50 different labor affiliates.
"Second Choice" recognizes there is a unique population of youth in the United States who research
suggests each year risk suffering a 50% rate of unemployment, a 3% chance of college degree attainment, and a
20%rate of homelessness, without massive systemic intervention to redress the concern(Gaille, 2017). These are
FY2021 Community Based Programs Agreement Page 19 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
the statistics for youth aging out of foster care in 2017, this is the bleak and disparate reality many youths seek to
overcome upon emancipating. Concurrently many of these youth struggle with mental health concerns, including
post-traumatic stress disorder (National Foster Youth Initiative, 2017). Youth who live in a group home and
multiple foster placements are more likely to become juvenile justice involved.Recent data suggests 57%of youth
who are in both the foster care and juvenile justice system experienced incarceration within six years of exiting
the foster care system(Anspach, 2018).
Racial disproportionality in the juvenile justice system and foster care system create an intersectional issue
of permanency and criminal justice. African Americans and Hispanic youth in care represent 23% and 21%
respectively(Annie E.Kasey Foundation,Kids Count 2017).Further,juvenile justice statistics elucidate that while
the rates of youth confinement to juvenile facilities post adjudication for delinquency are falling,the rate of racial
disparities in secure confinement are increasing. Black and Hispanic youth experience increased confinement at
rates as high as 43% for Black youth and 52% for Hispanic youth. "Second Choice" is aimed at helping youth,
with a special emphasis on those who are aging out of foster care and/or engaged in the criminal and juvenile
justice system. We believe in meeting the needs of those most at risk that can benefit from viable life options. This
goal aligns with the CCPD program goals and the history of successful intervention through Texas New Era(JwJ)-
Project Phoenix. We believe "Second Choice" if expanded in the City of Fort Worth the support of CCPD can
make a vital difference for this population.
PROGRAM ACTIVITIES AND OUTCOMES
2) Describe the direct target population the program/project will directly benefit. How many people?
What definable population group (i.e. age, ethnicity, etc.)? What neighborhood(s)?
Target Population and Alignment with CCPD Goals
Project Phoenix's goals align with the CCPD mission to address the issues of safety for youth through
crime prevention and reducing juvenile crime through prevention/intervention services.Project Phoenix-"Second
Choice" uses the education alternatives of skilled trade training and apprenticeship to enact its objective of
enhancing literacy. The objective of this program in the initial expansion year is to serve 100 youth in the City of
Fort Worth. Program participants would be from a citywide population as referred by Fort Worth court services,
probation, foster care agencies, and CPS case managers. Project Phoenix has served over 300 adult and juvenile
offenders since 2014 in the Dallas/ Fort Worth area. The program population for "Second Choice" are youth
between the ages of 18-21who are deemed at risk and/or need an alternative option to post-secondary education.
Special priority is given to youth who are in foster care conservatorship, aging out of care, and youth who have
been juvenile or criminal justice involved.
3) Describe how your program/project addresses the causes of the problem area(s) and achieves the goals
of CCPD. Cite relevant sources for evidence-based, evidence informed, or promising practice.
The "Second Choice" program serves youth ages (18-21), specifically those seeking alternatives to post-
secondary education and careers. The program specifically aims to serve youth who have been in foster care and/or
engaged in the juvenile justice system. The realities of foster care are that the barriers to successful transition into
adulthood will be manifold and the resources to meet these challenges can seem very limited. Early disruptive
school experiences and limited encouragement, higher rates of mental health and behavioral health issues, and
limited financial resources can create issues with navigating the transitional period into adulthood(Watt, Kim, &
Garrison, 2018).
Researchers confirm that instrumental and societal support can positively impact this experience and create
buffers to these challenges. One of the largest barriers to post-secondary alternatives is a lack of financial
resources. A study on post-secondary education alternatives demonstrated a 12% increase in attainment in states
with a funded voucher for post-secondary education and alternatives (Wat, Kim, & Garrison). Examples from
FY2021 Community Based Programs Agreement Page 20 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
education reform suggest societal support can be effective in reducing the risk and interceding the pipeline
phenomena. Walsh and Weber (2014) indicate we need more data to effectively serve emerging young adults.
Data collection can go beyond tracking release and rearrests; interventions addressing educational attainment,
employment or job skills development, and behavioral health would assist in improving outcomes for this
population. Through "Second Choice"program evaluation Project Phoenix serves this function by educating the
DFW community on its successful program model for change.
Youth, people of color, those in foster care, and explicitly those dually engaged in the juvenile/criminal
justice system are at massive risk for exploitation and lack of supportive intervention. The "Second Choice"
program is a multisystemic intervention that would address the crucial needs of youth aging-out by creating an
organized network of systems to support emerging adults lacking in areas deemed most significant: education,
employment, criminal justice, and behavioral health.
Project Phoenix"Second Choice"Program Description
The"Second Choice"program provides education in skilled trade, training, and apprenticeship placement
for emerging adults. Referrals are received from area courts, (family, criminal,juvenile, probation departments),
social service case managers, and guardians for youth who could benefit from the program. Referrals are screened
and processed for application. In the screening the Program Coordinator identifies appropriate affiliate trade union
careers and apprenticeship opportunities to refer the candidates to. Project Phoenix facilitates the placement
training, tracks referral compliance and completion, and engages successful trainees in apprenticeship placement.
Through"Second Choice"participants receive case management support,assistance with employment background
checks and screening costs, and assistance with supplies for apprenticeship. These supportive resources limit the
financial burdens that prevent successful apprenticeship completion. Project Phoenix will monitor successful
completion of the training and apprenticeship phase as a part of ongoing program evaluation to education the
public about viable alternatives to post-secondary education.
"Second Chance"Addressing Safety, Crime Prevention, and Juvenile Justice
According to The Sentencing Project Policy Brief(2016) 1 in 10 male high school dropouts, (and 1 in 4
black male dropouts) are either in jail or juvenile detention at some point in time in their lives. A criminal
conviction of any sort reduces the likelihood of a better job offer by fifty percent.Besides their difficulty in finding
jobs, disconnected youth are more likely to have other disparate outcomes, like non-marital births and criminal
justice involvement. Future employment opportunities and earnings potential are among the strongest predictors
of distance from crime. Reducing the recidivism rate in Fort Worth by even 1% saves taxpayers hundreds of
thousands to even millions of dollars. Project Phoenix is uniquely positioned to address this issue because lower
skilled individuals, and those with multiple barriers to employment, benefit from coordinated strategies across
systems and flexible, innovative training strategies that integrate the education, training, and support services
needed to prepare for and succeed in the workplace.A 2012 evaluation conducted by Mathematica Policy Research
finds that registered apprenticeships are associated with an average gain in annual earnings of$6,595 that persists
years after an apprenticeship is completed.
Project Phoenix is a crime prevention/ intervention program that increases youth safety and reduces
juvenile crime by targeting vulnerable emerging adults and providing positive alternatives to crime that defray
poverty and support post-secondary career training/apprenticeship placement.
4) Describe your measurable program activities and how they address the causes you described in Question
#1. Please include a description of measures and how your program will meet these goals.
Addressed by the cart below(also see Figure 1.0 Methodology Application; and CCPD Project Plan attached)
FY2021 Community Based Programs Agreement Page 21 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
CCPD Relevant Problem Area Program Outcomes
1. Youth Safety - Increase knowledge about career
alternatives.
2. Juvenile Crime
- Increase adherence to permanency plan
or probation terms through achieving
3. * Literacy Skills employment goals.
- Develop knowledge in skilled trade
through job training(reading, writing,
speaking)to have a successful career.
[Question 6]
5) Describe your measurable program outcomes and how they affect the problem area(s) described in
Question#1. Please include a description of your evaluation methods.
Addressed by the cart below(also see Figure 1.0 Methodology Application; and CCPD Project Plan attached)
Problem Cause Activities (Program Methodology
1. Estimated 1/3 of all young Americans An unemployed individual is more inclined
have a record of arrest by age 23 than his/her employed peer to engage in
impacting employability(Friedman, criminal activity(Gaille, 2017). Future
2015). employment opportunities and earnings
potential are among the strongest indicators
2. Foster youth have a 50%rate of of an individual's discontinuation of crime
unemployment, a 3% chance of college (Friedman, 2015).
attainment, and a 20%rate of
homelessness (Gaille, 2017). Activity 1. "Second Choice"will serve 100
youth during the 12 month program year via
3. 57% of youth who are in both the foster assessment and placement in skilled labor
care and juvenile justice system training/apprenticeship programs.
experienced incarceration within six Activity 2. "Second Choice"will provide
years of exiting the foster care system
(Anspach, 2018). ongoing case management support (tracking
completion and job attainment).
4. Texas has the second highest rate of
youth in care, an estimated 30,000
children(Child Trends, 2018).
6) Describe how your program addresses the CCPD special emphasis priority: literacy instruction/skills
specifically for children ages 0-9?
Project Phoenix — "Second Choice" uses the education alternatives of skilled trade training and
apprenticeship to enact its objective of enhancing literacy. The skills learned through "Second Choice" assist in
teaching viable literacy skills (reading, writing, listening) and contribute vitally to the social emotional wellbeing
of youth, especially those again out of foster care.
Figure 1.0 Methodology Application [Addresses Questions 3, 4, and 51
FY2021 Community Based Programs Agreement Page 22 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
CCPD Relevant Problem Area Program Outcomes
4. Youth Safety - Increase knowledge about career
alternatives.
5. Juvenile Crime - Increase adherence to permanency plan
or probation terms through achieving
employment goals.
6. * Literacy Skills - Develop knowledge in skilled trade
through job training(reading, writing,
speaking)to have a successful career.
[Question 6]
Problem Cause Activities (Program Methodology
5. Estimated 1/3 of all young Americans An unemployed individual is more inclined
have a record of arrest by age 23 than his/her employed peer to engage in
impacting employability(Friedman, criminal activity(Gaille, 2017). Future
2015). employment opportunities and earnings
potential are among the strongest indicators
6. Foster youth have a 50%rate of of an individual's discontinuation of crime
unemployment, a 3% chance of college (Friedman, 2015).
attainment, and a 20%rate of
homelessness (Gaille, 2017). Activity 1. "Second Choice"will serve 100
youth during the 12 month program year via
7. 57% of youth who are in both the foster assessment and placement in skilled labor
care and juvenile justice system training/apprenticeship programs.
experienced incarceration within six Activity 2. "Second Choice"will provide
years of exiting the foster care system
(Anspach, 2018). ongoing case management support (tracking
completion and job attainment).
8. Texas has the second highest rate of
youth in care, an estimated 30,000
children(Child Trends, 2018).
7) Describe what makes your program unique. Include descriptions of how it compares with similar
programming offered in the area. If applicable, describe how your program/project integrates City of
Fort Worth programming or personnel, improves existing City of Fort Worth projects/programming,
or is directly involved with City of Fort Worth efforts to achieve Annual Report Strategic Goals.
Uniqueness of the Program/Viability
There are many prevention and intervention programs that work with youth aging out of care or programs
for juvenile offenders. Major changes are afoot, but few interventions address the systemic intersection of race,
class, and criminal justice involvement that create the risk for this population. Texas represents the most
disproportionate rates of juvenile confinement and foster care conservatorship. Roughly 422,000 children are in
foster care guardianship annually (Fostering Success, 2018). Texas has the second highest rate of youth in care,
an estimated 30,000 children (Child Trends, 2018). Texas led the nation in highest rates of imprisonment of
FY2021 Community Based Programs Agreement Page 23 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
citizens with an average annual growth rate of 11.8% (Bureau of Justice Statistics, 2000). These rates were
particularly more alarming in Texas's larger metropolitan cities. A Justice Policy Institute report(2000) indicated
1 in every 10 Texas residents has experienced some form of criminal justice control. Minority populations
specifically, African- Americans, experience criminal justice control at a rate of 1 in 3 for Black Males. Texas,
and more specifically the metropolitan city of Fort Worth,represents a unique vehicle for expansion of Texas New
Era Center's Project Phoenix- "Second Choice"program as a vehicle to intersectional change.
One of the beauties of Project Phoenix is that we specifically target individuals who have already been
identified as at risk and leverage supportive resources to help ameliorate risk to the individual and community.
Participants are typically referred through the court system,probation department, or child welfare programs, and
will (concurrent to their probation term) engage in a multi-year training program in a skilled trade that provides a
positive work history. This adds an extra layer of accountability and incentive to achieve permanency or probation
goals. Project Phoenix is uniquely situated to assist with lifting citizens of Fort Worth permanently out of poverty
by providing job training and living-wage jobs to those who would otherwise be a drain on societal resources and
would continue in their criminal endeavors.
8) Describe if this is a new or existing program, including:
a. how long it has been in operation,
b. how it is currently financially sustained, and
c. why CCPD funds are necessary at this time.
Project Phoenix"Second Choice"
Texas New Era Center was founded by a coalition of stakeholders to engage in community organization
activities that influence public policy and introduce solutions to address areas of need in the greater Dallas-Fort
Worth community. In 2014 Project Phoenix was developed to address issues at the intersection of criminal justice,
poverty,and resource insecurity.This program included the"Second Chance"program aimed at adjudicated young
adults ages 18-30,and was later expanded to include"Second Choice", aimed at high school students(ages 16 and
up) to educate youth on the value of apprenticeships and trade craft training as a practical alternative to college
and student loan debt.We realized there was a growing need for youths, especially those in lower income families,
to have a means to strive economically, socially, and professionally. By providing those means, we alleviate the
need to resort to criminal means to provide for families, achieve a sense of self-worth, and to become self-
sustaining. Project Phoenix — Second Choice program introduces youths to a diverse array of career choices
through our partnership with over 50 different labor affiliates. CCPD funding support will allow this program to
expand beyond its current operation(primarily to Dallas County residents)and meet its goal of working throughout
the DFW area to serve the unique population need of residents in the City of Fort Worth.
ORGANIZATION
9) Briefly describe your organization. Include how long your organization has served the community and
the nature of your services.
Addressed in the paragraph below.
10) Describe how the proposed program fits the mission of your organization.
Addressed in the paragraph below.
11) Describe the geographic area your organization and project will serve(i.e.city wide,council district(s),
zip code, neighborhood, census tracts, etc.).
FY2021 Community Based Programs Agreement Page 24 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
Texas New Era Center's Project Phoenix aims to attack the primary factors leading to criminal activity
namely: homelessness, poverty, and food insecurity, through the economic stability provided by union jobs.
Project Phoenix - Second Chance was created as an intervention mechanism to derail individuals from ever
increasing involvement in criminal activity, as well as reintegration job placement assistance program for
reentering ex-offenders to help prevent recidivism. The program has provided viable job opportunities to young,
unskilled DFW residents between 18 — 40 years old on felony and misdemeanor probation; citizens who have
made poor choices that may render them ineligible or less than eligible to enter the job market.Young adults who,
due to their criminal justice record, have been referred to us to assist in finding employment that provides skill
sets critical to becoming contributing members of society. Through this program,they've been given a chance to
rebuild their lives by becoming productive, gainfully employed citizens through on-the-job training that will lead
to long-term careers. Project Phoenix has served over 300 residents in DFW assisting with skilled labor training/
apprenticeship placement, and criminal records sealing or expungement.
Through this Crime Control and Prevention District funding, Texas New Era — Project Phoenix seeks to
replicate the success we've achieved in Dallas County into the city of Fort Worth. Through our partnership with
the Tarrant County Central Labor Council, located in Fort Worth where we will set up our headquarters, we will
be able to focus our efforts city wide and eventually throughout Tarrant county. Because of our work in Dallas
County, we have signed MOU's with 15 judges in the criminal district and family court circuits as well as the
probation departments. They've all agreed to work with Project Phoenix because they recognize that there are
substitutes to standard punishment that can have positive personal and societal implications. Our partners realize
these alternatives not only improve the lives of those entering the criminal justice system, but also for the
communities they are members of. These communities benefit from their increased engagement in the workforce
because they now economically contribute back to that community instead of preying on it. Local unions have
accepted a leading role in Project Phoenix.They have stepped up as responsible community members to assimilate
candidates into their apprenticeship programs to provide them with skill sets that ultimately lead to long-term job
opportunities. Apprenticeship programs combine classroom studies, on-the-job training, and living-wage pay for
the duration of the training.
SUSTAINABILITY
12) Describe and list what other funds have been secured or applied for on behalf of this program. If this
is new programming, include a description of what must happen to implement your program to complete
your project by September 30, 2021.
Project Phoenix Second Chance is currently seeking funding through additional streams of financial support
and will continue a rigorous resource development campaign to raise the funding to supplement funds received
during the expansion year and continue expansion of the program. The project model, resources, and personnel
described in this proposal are available to begin services in September 2020 due to program cost sharing with
Texas New Era Center in this expansion year. Current resource development efforts for Project Phoenix total
around$ 350,000 in funding sought. Previous awards received include:
• Robert Woods Johnson Foundation- $415,000, via 2-year grant funding to address housing disparities,
health inequities, and education. Years awarded 2018-2020.
• United Way-$25,000 to fund the implementation of"Second Choice"in the City of Dallas.Years awarded
2017-2018.
• National AFL-CIO- $68,000 general funding support for Project Phoenix 2016- 2020
• New World Foundation- $100,000, via 2-year funding award. Years awarded 2016-2018.
13)Describe your plans to sustain this program beyond the CCPD funding period.
FY2021 Community Based Programs Agreement Page 25 of 33
Between CFW&Texas New Era1JWJ
Exhibit A
Current resource development efforts for Project Phoenix total around $ 350,000 in funding sought. The
operational support of the AFL-CIO labor union affiliate organizations helps to curtail some of the operating
expenses of Project Phoenix. Texas New Era Center/JwJ utilizes a network of community partnerships to support
programmatic efforts. Further, partnership with county court systems serves as a support in our efforts to solicit
funds. To date Texas New Era Center/JwJ has raised over$396,000 with the majority of resources being used to
support the flag ship programs of"Second Chance"and"Second Choice". Our objective is to work cooperatively
with community partners to defray costs through in-kind support. We continue our strong efforts at resource
development in preparation for the expansion of the program in the city of Fort Worth.
14)Has your Contractor obtained funding through the Crime Control and Prevention District previously?
❑ Yes ® No
If so,please fill out the form on page 20.Include any awards received in the previous three cycles(FYI 8,FY19,FY20).
FY2021 Community Based Programs Agreement Page 26 of 33
Between CFW&Texas New Era/JwJ
Exhibit A
Crime Control and Prevention District
Partners with a Shared Mission
Exhibit B:Budget Narrative(Texas New Era/JwJ)
DESCRIPTION/JUSTIFICATION QUANTTrY QUANTITY RATE TOTAL
MEASURE
REVENUE
$0.00
A.SALARY
Program Coordinator-The Program Coordinator will screen,initiate,and orient candidates
referred from area courts,(family,criminal,juvenile,probation departments),social service
case managers,and guardians in the Project Phoenix(PPX)"Second Choice"program.
Program Coordinator will then match PPX candidates with the criteria of the apprenticeship
programs,including assistance with apprentice registration with applicable Texas State 1300.00 HOURS $19.23 $24,999.00
Apprenticeship Board.This position engages in ongoing monitoring and resource
identification for placed candidates.The Program Coordinator is responsible for organizing all
training,professional development,and educational components required by various union
affiliates to make an apprenticeship applicant prepared for placement as well as civic
engagement courses to ensure successful community integration.This position participates in
Activities 1.1(a),1.1(b),1.1(c),1.2(a),1.2(b),2.1(a),and 2.2(a)
B.FRINGE
$0.00
C.TRAVEL
$0.00
D.EQUIPMENT
$0.00
E.SUPPLIES
General Staff Office Supplies-encompasses paper,pens,folders,staples,and ink for color
printing for program and license applications,flyers,and other marketing materials.Supply $0.00
expenses are covered by other donors/sponsors.No CCPD Funds are used for supplies.
F.CONSULTING/CONTRACTING
Ouality Assurance&Grant Administration-cost covers facilitator to support metric
tracking,and statistics acumulation and research.A private consultation fern,POCCETS,
LLC,has had experience with Federal,State,Local grant administration,as well as
programmatic evaluations.This agency was chosen due to the consultation groups prior FISCAL
experience working with nonprofit organizations at the intersection of criminal justice and 4.00 QUARTERS $1,200.00 $4,800.00
social welfare.Dr.Tomlinson(board member of TNEC)is affiliated with this organization.
We agreed on a flat rate for the life of the grant(12 months)and broke that figure into
quarterly rates to ensure compliance.This position participates in Activities 1.2(a),1.2(b),
2.2(a).
Printing Lease-This cost covers a Printer Lease service.This service provides all ink,toner,
and maintenance associated with this Lease printer.The printer scans,copies,and prints in
grayscale only for the use during the program year.This use includes making copies of vital 12.00 MONTHS $330.00 $3,960.00
records/documents,printing applications(State Board licenses,Social Security Card,Drivers
License,Project Phoenix applications,etc.),program materials for workshops and classes,and
marketing materials such as flyers,posters,and handouts.This cost supports all activities.
G.SUB-GRANTS
$0.00
H.00CUPANCY
$0.00
INDIRECT
Accounting-Bookkeeping and CPA Financial Review.This cost support all Activities. 10.00% GRANT EXPENSE $33,759.00 $3,375.90
Total
Total Requested
FY2021 Community Based Programs Agreement Page 27 of 33
Between CFW&Texas New Era/JwJ
Exhibit B
FORT WORTH. Exhibit
Request for Reimbursement(RFR)
FY 2021
CRIME CONTROL
AND PRFVF.NTION DISTRICT
By Email: Submit To: Submitting Agency: Texas New Era Center/JWJ
cpd_grants@fortworthtexas.gov Contact Name: Mark York
Phone Number: 214-8264808
Mail: Email: iason(Qtexasnewera.org
Bob Bolen Public Safety Complex
Attn:Grants Manager Remit Address: 1408 N.Washington Ave.#240,Dallas TX 75104
Financial Management Division Invoice Number:
505 West Felix St. Month of Request:
Fort Worth,TX 76115
DIRECT COSTS(90%Minimum)
A B C D E
Total of Previous (B+C) (A-D)
Budget Category Budget Amount Reimbursements This Month's Total g �ry g Request Requested Remaining Balance
Requested To-Date Available
A Personnel $ 24,999.00 $ $ 24,999.00
B Fringe Benefits $ $
C Travel&Training $ $
D Equipment -
E Supplies $ $
F Contracts/Consultants $ 8,760.00 $ $ 8,760.00
G Sub-Awards $ $ -
II Occupancy $ $ -
Total Direct Costs $ 33 759.00 $ $ $ $ 33 759.00
INDIRECT COSTS(10%Maximum)
A B C D E
Total of Previous (B+C) (A-D)
This Month's
Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance
Requested To-Date Available
Total InDirect Costs $ 3,375.90 $ $ $ 39375.90
Supporting documents required with monthly requests. Summary:
See Requestfor Reimbursement Imtructions forreference Total Budget: $ 379134.90
Previous Requests: $
This Request: $
Total Requested To-Date $
Remaining Funds $ 37,134.90
I have reviewed this request and certify that these listed expenses and support documentation are accurate.
Authorized Signatory Signatory Title Date
Fiscal Agent Use Only
Purchase Order# Fund Dept M Account
RFR Approved For Payment
Grant Staff Signature Date
Finance Received Stamp Placed Below
FY2021 Community Based Programs Agreement Page 28 of 33
Between CFW&Texas New Era/JwJ
Exhibit C
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Exhibit E
Crime Control and Prevention District
Community Based Programs
Quarterly Outcomes Report
Date:
Agency Name: Texas New Era Center/JwJ
Program/Prcject Title: Project Phoenix
Fiscal Period: Reporting Period:
Contact Name: Mark York Email: jason@texasnewera.org
1. Report outcome measure data and respond to the questions below to provide more detailed
commentary on the implementation of the project.Complete the following questions in a brief
2-3 page narrative format.
Outcome
This
Measure# Description Quarter Cumulative Goal
1.1 35%of participants will be placed with a trade union for 35%
apprenticeship.
30%of participants will show an overall improvement in
1.2 their knowledge about evidence by scores on pre and post 30%
pre-employment workshop training.
2. Describe major accomplishments achieved in implementing the project.Highlight specific
aspects of the project contributing to its success.
3. Describe any challenges(i.e.frustrations,barriers,disappointments)in implementing the
project and how they were addressed or resolved.
4. What has the project revealed about the organization's capacity to address the identified CCPD
goals outlined in the contract?
Certification: I have reviewed the above financial and program requirements. I verify that the enclosed
report materials accurately reflect the status of the aforementioned program/project.
Name: Date:
Title:
FY2021 Community Based Programs Agreement Page 31 of 33
Between CFW&Texas New Era/JwJ
Exhibit E
Exhibit F:
Crime Control and Prevention District
Community Based Programs
REQUEST FOR BUDGET MODIFICATION
Fiscal Year 2021
Date
Submitting Agency Texas New Era Center/JWJ
Contact Name Mark York
Phone Number and Email 214-826-4808,jason@texasnewera.org
Remit Address 1408 N.Washington Ave.#240,Dallas TX 75104
DIRECT COSTS 90% minimum
Budget Category Approved Budget Change Requested Revised Budget
A. Personnel
B. Fringe Benefits
C. Travel and Training
D. Equipment
E. Supplies
F. Contracts/Consultants
G. Sub-Awards
H. Occupancy
Total Direct Costs
INDIRECT COSTS 10% maximum
Approved Budget Change Requested Revised Budget
Modification Narrative (describe in detail what change is for)
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title Date
FWPD STAFF USE ONLY
❑ Modification Approved ❑ Modification NOT Approved
FWPD Staff Signature Date
FY2021 Community Based Programs Agreement Page 32 of 33
Between CFW&Texas New Era/JwJ
Exhibit F
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