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HomeMy WebLinkAboutContract 56405 CSC No. 56405 AGREEMENT FOR PARTNERS WITH A SHARED MISSION BETWEEN UNITED COMMUNITY CENTERS,INC AND THE CITY OF FORT WORTH FISCAL YEAR 2022 In consideration of mutual covenants,promises, and agreements contained herein, this agreement ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager,and UNITED COMMUNITY CENTERS, a Texas non- profit corporation ("Contractor") acting by and through Celia Esparza, Chief Executive Officer, its duly authorized representative. RECITALS WHEREAS, City has determined that Safe Haven Programs are necessary to support crime prevention in City during Fiscal Year 2022. The Safe Haven — Bethlehem Program will enhance the prevention focus 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 Safe Haven Program called Safe Haven— Bethlehem 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 Safe Haven—Bethlehem Program; and WHEREAS, City, as consideration for the performance of the Contractor, has appropriated monies in the CCPD Budget in the amount of $152,938.50 ("Program Funds") to provide to Contractor on a reimbursable basis for the operation of the Program subject to and in accordance with this agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Agreement between City and Contractor 2. Exhibit A— Scope of Work: Project Plan 3. Exhibit B—Budget Form OFFICIAL RECORD CITY SECRETARY FY2022 Partners with a Shared Mission FT.WORTH, TX Agreement between City of Fort Worth&United Community Centers Inc. 4. Exhibit C—Request for Reimbursement(RFR) 5. Exhibit D—Monthly Project Plan Status Report 6. Exhibit E—Quarterly Outcomes Report 7. Exhibit F—Request for Budget Modification 8. Exhibit G—Corrective Action Plan Form 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 H 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$152,938.50 ("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 FY2022 Partners with a Shared Mission Page 2 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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. If this obligation of Contractor falls due on a weekend or Federal holiday,then that obligation shall be due on the next business day following such weekend day or Federal holiday. Submittal of a monthly RFR Project Plan Status Report and Quarterly Outcomes Report is required even if services are not provided. 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 "UCC- RFR Month" and sent either via email to PSM@fortworthtexas.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. FY2022 Partners with a Shared Mission Page 3 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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 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 Request for Budget Modification Form (Exhibit"F") shall be submitted via either email to PSMgfortworthtexas.gov or via mail addressed 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, 2021 ("Effective Date"), and shall end on September 30, 2022 ("End Date"). All of Contractor's expenditures under this Agreement must be completed no later than September 30, 2022. 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. If this obligation of Contractor falls due on a weekend or Federal holiday, then that obligation shall be due on the next business day following such weekend day or Federal holiday. 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. If this obligation of Contractor falls due on a weekend or Federal holiday, then that obligation shall be due on the next business day following such weekend day or Federal holiday. FY2022 Partners with a Shared Mission Page 4 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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 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 FY2022 Partners with a Shared Mission Page 5 of 24 Agreement between City of Fort Worth&United Community Centers Inc. (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 the City. Contractor shall maintain all equipment used in the administration and execution of Safe Haven—Bethlehem Program. Contractor shall maintain, replace, or repair any item of equipment used in support of the Safe Haven — Bethlehem 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 Safe Haven—Bethlehem 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 Safe Haven — Bethlehem 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. FY2022 Partners with a Shared Mission Page 6 of 24 Agreement between City of Fort Worth&United Community Centers Inc. In addition, if the Contractor receives $300,000.00 or more during any fiscal year, the Contractor shall also be required, at its own cost, to engage an independent third-party to perform an audit regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. If funding recipient is already obtaining a general audit of its financial matters by independent third-party, that audit may be used to satisfy this requirement so long as it specifically includes separate review of the records of CCPD funds. Because the independence of external audit firms is best maintained by changing firms regularly, if a funding recipient continues to use the same audit firm for more than three consecutive fiscal years, that fact will be reported to the Board and may result in the amount of funding to the recipient being reduced or eliminated. 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor by City. If questions are not resolved within this period, City reserves the right to withhold further funding 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 Project Plan Status Report and Quarterly Outcomes Report, making final payments, and disposing of Safe Haven — Bethlehem 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. FY2022 Partners with a Shared Mission Page 7 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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 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 ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND 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 FY2022 Partners with a Shared Mission Page 8 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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 ANY AND ALL CLAIMS,LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF ANY HIND, 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 IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 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 Safe Haven —Bethlehem Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Safe Haven—Bethlehem 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. FY2022 Partners with a Shared Mission Page 9 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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. 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 FY2022 Partners with a Shared Mission Page 10 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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. 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 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. FY2022 Partners with a Shared Mission Page I I of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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 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. FY2022 Partners with a Shared Mission Page 12 of 24 Agreement between City of Fort Worth&United Community Centers Inc. 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. 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, Deputy 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 FY2022 Partners with a Shared Mission Page 13 of 24 Agreement between City of Fort Worth&United Community Centers Inc. CONTRACTOR: Celia Esparza Chief Executive Officer United Community Centers, Inc. 3900 Meadowbrook Dr. Suite 122, Fort Worth, TX 76103 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. 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] FY2022 Partners with a Shared Mission Page 14 of 24 Agreement between City of Fort Worth&United Community Centers Inc. IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas,to be effective this 1st day of October ' 2021 . APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR OF FORT WORTH UNITED COMMUNITY CENTERS 7-,,4 k,iuc— Cep Es z'1' Jesus J.Chapa(b&1,20 114:35 EDT) Celia Esparza( ep 30,202111:19 CDT) Jesus J. Chapa Celia Esparza Deputy City Manager Chief Executive Officer Date: Oct 1,2021 Date: Sep 30 2021 APPROVAL RECOMMENDED APPROVED AS TO FORM AND Neil 1\1067,Kes LEGALITY FOR UNITED Neil Noakes(Oct 1,202113:31 CDT) COMMUNITY CENTERS Neil Noakes Chief of Police Attorney for United Community Centers Date: Oct 1,2021 Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT ATTEST WORTH �n '-f �� City Secretary Assistant City Attorney Oct 1,2021 Date: Sep 30,2021 Date: M&C No. 21-0618 Contract Compliance Manager: By signing I acknowledge that I am the person responsible 1295 CERTIFICATION: 2021-739935 for the monitoring and administration of this contract, including ensuring all performance 0(�0 00OR r�o and reporting requirements. ��c o ° °0040, d J2 �J2OIL/LB/L p ° o°_ 0 0 ij ° d Contract Compliance Manager ��� o° o 00, °O°°°°oo° .O Date: Sep 30,2021 ���*XASoAp OFFICIAL RECORD CITY SECRETARY FY2022 Partners with a Shared Mission Agreement between City of Fort Worth&United Community Centers Inc. 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G to �n a W i N cn cl y Ln 0 lcnn Crime Control and Prevention District Partners with a Shared Mission EXIIIBIT B-BUDGET NARRATIVE FY22-PSM-UNITED COMMUNITY CENTER DESCRIPTION/JUSTIFICATION QUANTITY QUANTITY RATE TOTAL MEASURE REVENUE $0.00 Total Revenue $0.00 .SALARY Child Care Teacher-Works with classroom of students to ensure program goals are met to 1150.00 HOURS $12.00 $13,800.00 increase literacy skills.Provides direct instruction Child Care Teacher Works with classroom of students to ensure program goals are met to 1150.00 HOURS $12.00 $13,800.00 increase literacy skills.Provides direct instruction Child Care Teacher Works with classroom of students to ensure program goals are met to 1150.00 HOURS $12.00 $13,800.00 increase literacy skills.Provides direct instruction Child Care Teacher Works with classroom of students to ensure program goals are met to 1150.00 HOURS $12.00 $13,800.00 increase literacy skills.Provides direct instruction Child Care Teacher Works with classroom of students to ensure program goals are met to 1150.00 HOURS $12.00 $13,800.00 increase literacy skills.Provides direct instruction Education Specialist Trains all child care teachers in direct literacy instruction.Assesses all students to measure reading levels at beginning,middle and end of year.Models lessons and 900.00 HOURS $25.00 $22,500.00 approves all lesson plans. Center Director Ensures that the educational enrichment program is delivered as expected to 1150.00 HOURS $20.00 $23,000.00 ensure the best outcomes for students.Supervises all staff involved with the program. Assistant Director assists Center Director and ensures that families and children receive excellent service.Helps the Director to ensure classroom and Center atmosphere are 1150.00 HOURS $14.00 $16,100.00 conducive to learning.Is in charge of the Center when the Director is absent. Custodian ensures cleanliness of Center and makes minor repairs.Assists with transporting students from school and on field trips.Ensures that Center has all operating,and custodial 1040.00 HOURS $11.50 $11,960.00 supplies. TOTAL SALARY $142,560.00 B.kKtNUE FICA and Medicare will be paid for all salaries. (Estimated 7%of total Salary amount) 1 7.00%1 PERCENT 1$10,378.50 $10,378.50 TOTAL FRINGE1 $10,378.50 C.TRAVEL $0.00 TOTAL TRAVEL $0.00 D.EQUIPMENT $0.00 TOTAL EQUIPMENT $0.00 E.SUPPLIES $0.00 TOTAL SUPPLIES $0.00 F.CONSULTING/CONTRACTING $0.00 TOTAL CONSULTING/CONTRACTING $0.00 G.SUB-GRANTS $0.00 TOTAL SUB-GRANTS $0.00 H.00CUPANCY $0.00 TOTAL OCCUPANCY $0.00 INDIRECT $0.00 Total Expense 1 Total Requested I FY2022 Partners with a Shared Mission Page 18 of 24 Agreement between City of Fort Worth&United Community Centers Inc. H Exhibit c FORT WORT Request for Reimbursement(RFR) FY 2022 CRIME CONTROL AND PREVENTION DISTRICT Submit To: Submitting Agency: United Community Centers,Inc. By Email- PSM@fortworthtexas.gov Contact Name: Don Campion Phone Number: 817-827-5556 Matz: Bob Bolen Public Safety Complex Email: dcamoion(rDunitedcommunitycenters.org Attu: Contract Compliance Specialist Remit Addiess: 3900 Meadowbrook Dr Suite 122 Financial Management Division Fort Worth,TX 76103 505 West Felix St. Invoice Number: Fort Worth,TX 76115 Month of Request: DIRECT COSTS(90%Minimum) A B C D E Total ofPre.vious This q (B+C) (A-D) Budget Category Budget Amount Reimbursements Request uests Total Re. ema Requested Rining B¢lanee. Requested To DateAvailable. A Personnel $ 142,560.00 $ - $ 142,560.00 B Fringe Benefits $ 10,378.50 $ - $ 10,378.50 C Travel&Training $ - $ - D Ertupment $ - $ - E Supplies $ - $ - F Contracts/Consultants $ - $ - G Sub-Awards $ - $ - H Occupancy $ - $ - Total Direct Costs $ 152,938.50 $ $ $ $ 152,938.50 INDIRECT COSTS(10%Maximum) A B C D E Total ofn-evions (B+C) (A-D) Budget Cate Budget Amount Reimbursements This Month's Total Re dg gory ge Request quested Remaining Balance. Requested To Date Available. Total InDirect Costs $ $ $ Supporting documents required with monthly requests. Summary: See Requestfor Reimbursement Ins"ctions for reference Total Budget: $ 152,938.50 Previous Requests: $ This Request: $ Total Requested To-Date $ Remaining Funds $ 152,938.50 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 DepIIn Account RFRApproredF Payment Grant Staff Signature Date Finance Received Stamp Placed Below FY2022 Partners with a Shared Mission Page 19 of 24 Agreement between City of Fort Worth&United Community Centers Inc. oc N � w o y e� U ice, 0000 O � 73 U W w v C� y ° 0 00 •� a W A 00 00 ct ct ct ^j ct O O O O O o � H Q U � � � � � � ■ ■ ■ C it o 0 0 cc 00 zen a � z ctrl rl rl O 00 G ..w O ct a ^C p p ^C W O + t O ,sue.' � 3 � Q. C r V a � U C 0 0 � aW cv Q C4M �4 0 w � 4 r 2 � .§ \ � _ \ / \ d \ � 8 \ log § � 14, \ \ — Q 2 � A u � � � •k _ \ �\ 27 § � �G = 04 § � � � \ 7 0 / � § « \ % k � 4 b $ b2 ) � u •f � )/ / 2 / 2 •/ f ƒ 2 ] Ln § ¥ k w e k 3 \ / Exhibit E Crime Control and Prevention District Partners with a Shared Mission Quarterly Outcomes Report Date: Agency Name: United Community Centers,Inc. Program/Project Title: Bethlehem Safe Haven Youth Program Fiscal Period: Reporting Period: Contact Name: Don Campion Email: dcampion@unitedcommunitycenters.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 Outcome Description Quarter Cumulative Goal 70%of participants(Grades K—4 with 80% 1.1 attendance)will increase three reading levels as 70% measured by the BAS. 70% of participants(Grades 5—8 with 80%attendance) 1.2 will increase at least two reading levels as measured by 70% the BAS. 70%of participants(—Grade 3 level with 80% 1.3 attendance)will increase at least two reading levels as 70% measured by the BAS. 80% of Summer Enrichment Program(EEP) 1.4 participants(with 80%attendance)will maintain or 80% im rove their reading level as measured by the BAS. 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: FY2022 Partners with a Shared Mission Page 22 of 24 Agreement between City of Fort Worth&United Community Centers Inc. Exhibit F: Crime Control and Prevention District Partners with a Shared Mission REQUEST FOR BUDGET MODIFICATION Fiscal Year 2022 Date Submitting Agency United Community Centers Contact Name Don Campion Phone Number and 817-827-5556,dcampion e unitedcommunitycenters.org Email Remit Address 3900 Meadowbrook Dr Suite 122 Fort Worth,TX 76103 DIRECT COSTS 90% minimum Budget Category A proved Budget Change Requested Revised Budget A. Personnel S 142,560.00 B. Fringe Benefits S 10,378.50 C. Travel and Training D. Equipment E. Supplies F. Contracts/Consultants G. Sub-Awards H. Occupancy Total Direct Costs S 152,938.50 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 FY2022 Partners with a Shared Mission Page 23 of 24 Agreement between City of Fort Worth&United Community Centers Inc. � � u 2 � � 2 \ Q 2 \ � o � � « » $ � 2 u / 9z � 32 ' D k 2 2 k t Q = Q % 9z ) 7 U \ £ \ 2 � � 9z ) ( \ 24--o � \ � � 9/27/21, 11:16 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTII DATE: 8/24/2021 REFERENCE**M&C 21- LOG 35UNITED COMMUNITY CENTERS NO.: 0618 NAME: SAFE HAVEN PROGRAM FY22 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Execution of Agreement with United Community Centers, Inc. in the Amount of$152,938.50 for the Operation of a Safe Haven Youth Program at the Bethlehem Community Center Located at 970 East Humbolt Street for Fiscal Year 2022 RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with United Community Centers, Inc. in the amount of$152,938.50 for the operation of a Safe Haven Youth Program at the Bethlehem Community Center for Fiscal Year 2022. DISCUSSION: It is recommended that the City Council authorize the execution of an agreement with United Community Centers, Inc. in the amount of$152,938.50 for the operation of a Safe Haven Youth Program at the Bethlehem Community Center for Fiscal Year 2022. Youth Safe Havens are places where children in targeted neighborhoods can play and learn with other children without fear of being victims of a crime. The original Safe Haven Program was operated in the southeast part of Fort Worth and was later expanded to other neighborhoods in Fort Worth. The Safe Haven Youth Program at the Bethlehem Center is a prevention program operated by the United Community Center. The program provides after school programming for at-risk children and youth. The program also seeks to address factors that lead to at-risk behavior at home and school. During the course of the year, a typical participant will spend more than 1,000 hours participating in cultural, sport, and educational activities. The participating children and youth primarily live in the 76104 zip code, which is located in Council District 8. This Agreement will be effective October 1, 2021, and end on September 30, 2022. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2022 Budget by the City Council, funds will be available in the Fiscal Year 2022 operating budget, as appropriated, in the Crime Control & Prev Distr Fund. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Neil Noakes (4212) Additional Information Contact: Keith Morris (4243) Sarah Shannon (4254) apps.cfwnet.org/council_packet/mc_review.asp?ID=29166&counciId ate=8/24/2021 1/2 9/27/21, 11:16 AM M&C Review ATTACHMENTS a pps.cfwnet.o rg/co u ncil_packet/mc_review.asp?I D=29166&cou nci Id ate=8/24/2021 2/2