HomeMy WebLinkAboutContract 56410 CSC No. 56410
AGREEMENT FOR COMMUNITY BASED PROGRAM
SPECIAL PROJECTS
NEWDAY SERVICES FOR CHILDREN AND FAMILIES
FISCAL YEAR 2022
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 Deputy City Manager and NEWDAY SERVICES FOR CHILDREN AND
FAMILIES, a Texas non-profit corporation ("Contractor") acting by and through Betsy Holland,its
duly authorized Development Director.
RECITALS
WHEREAS,City has determined that Community-Based Programs are necessary to support
crime prevention in City during Fiscal Year 2022 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
"Helping Mothers be Mothers so Kids Can be Kids" (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 Helping
Mothers be Mothers so Kids Can be Kids Program; and
WHEREAS, City, as consideration for the performance of Contractor, has appropriated
monies in the CCPD Budget in the amount of$48,968.00("Program Funds")to provide to Contractor
on a reimbursable basis for the operation of the Helping Mothers be Mothers so Kids Can be Kids
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
4. Exhibit C—Request for Reimbursement(RFR)
5. Exhibit D—Monthly Project Plan Status Report
6. Exhibit E—Quarterly Outcomes Report OFFICIAL RECORD
7. Exhibit F—Request for Budget Modification CITY SECRETARY
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8. Exhibit G—Corrective Action Plan
9. Exhibit H—Prior Year Corrective Action Plan Template—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. Res1lonsibilities 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. Contractor shall be
responsible for day-to-day administration of the Program. Contractor agrees to expend the Program
Funds in accordance with the Budget as described in Exhibit"B".Program activities shall be reported
in accordance with Exhibit"D"-Monthly Project Plan Status Report and Quarterly Outcomes Report
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$48,968.00.
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 Monthly 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
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duly authorized officer of the Contractor. The RFR and Monthly 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
and Project Plan Status Report is required even if services are not provided.
The monthly RFR should be sequentially numbered and include expense documentation that is
detailed, clear and concise. The submission shall include applicable 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 "NewDay RFR Month" and sent either via email to
PSMkfortworthtexas.gov, or via mail to ATTENTION: Contract Compliance Specialist,
Financial Management Division, Bob Bolen Public Safety Complex, and 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,
the Quarterly Outcomes Report from Contractor is required as described in section 4.2 and must
be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of
said documents. Incomplete or incorrect submissions will 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 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 vice versa.Modification of Direct and Indirect
approved budgets must follow the guidelines outlined in sections 2.3, 2.4. and 2.5.
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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.
Budget adjustments shall be submitted via either email to PSM@fortworthtexas.gov or to the
Contract Compliance Specialist, Financial Management Division, the Fort Worth Police
Department at Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas,
76115.
3. Term. This Agreement shall commence upon October 1, 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. 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 Outcomes Report must include descriptions of any realized successes.
The monthly Project Plan Status and quarterly Outcomes Reports 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 Monthly 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.
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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 Report, or Quarterly Outcomes Report. Contractor also agrees to complete a
Corrective Action Plan for recurring late submissions of an RFR, Project Plan Status, or Quarterly
Outcome 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 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 hi 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
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(d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not
terminated.
5.5 In the event City suspends or terminates this Agreement, Contractor expressly waives any and all
rights to monetary damages, including but not limited to actual, consequential, and punitive
damages, court costs and attorney's fees.
5.6 Within thirty (30) days following the date of termination of this Agreement, Contractor shall
return to City any property provided hereunder. City will have no responsibility or liability for
Contractor's expenditures or actions occurring after the effective date of termination of the
Agreement.
6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all
eligibility requirements of City. Contractor shall maintain all equipment used in the administration
and execution of the Program. The 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. 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 or an independent auditor of City's choice.
Contractor shall submit a copy of any audit performed by their independent auditor within 30 days
of receipt of the final audit report.
7.2 If any audit reveals a questioned practice or expenditure, City shall notify Contractor as soon as
reasonably practical. Contractor shall have fifteen (15) days to provide City with a written
explanation and any supporting documentation regarding the practice or expenditure. If Contractor
fails to resolve or cure the questioned practice or expenditure,to the City's satisfaction,within the
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fifteen(15)day period,City reserves the right to withhold further Program Funds under this and/or
future agreement(s)with Contractor.
7.3 If, as a result of any audit,it is determined that Contractor misused,misapplied or misappropriated
all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such
monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty, or
other charge levied against City because of such misuse,misapplication or misappropriation.
7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. The
closeout requirements shall include, but are not limited to: providing final Program Activities
Report and Program Effectiveness Measurement Reports,making final payments, and disposing
of 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.
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.
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
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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 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 ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY(INCLUDING DEATH)THAT
MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) 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
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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.
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.
to. Non-Assignment.No assignment or delegation of duties under this Agreement by Contractor shall
be effective without City's prior written approval.
11. Prohibition Against Interest.
11.1 No member, officer, or employee of City, or its designees or agents; no member of the governing
body of the locality in which the Helping Mothers be Mothers so Kids Can be Kids Program is
situated; and no other public official of such locality or localities who exercises any functions or
responsibilities with respect to the Helping Mothers be Mothers so Kids Can be Kids Program
during his tenure or for one year thereafter,shall have any interest,direct or indirect,in any contract
or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall
incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts
and subcontracts hereunder.
11.2 No officer,employee,member,or program participant of Contractor shall have a financial interest,
direct or indirect, in this Agreement or the monies transferred hereunder, or be financially
interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies, or
services purchased with any funds transferred hereunder, except on behalf of Contractor, as an
officer, employee, member, or program participant. Any willful violation of this paragraph with
the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this
Agreement voidable by City of Fort Worth.
12. Nondiscrimination.
12.1 In accordance with the federal, state, and local laws and ordinances, Contractor covenants that
neither it nor any of its officers, members, agents, employees, program participants, or
subcontractors, while engaged in performing this Agreement shall in connection with the
employment, advancement, or discharge of employees, in connection with the terms, conditions
or privileges of their employment, discriminate against persons because of their age, except on the
basis of a bona fide occupational qualification,retirement plan, statutory requirement, or statutory
or ordinance exception.
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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 by execution of this Agreement, the City does not
waive or surrender any of it 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 a minimum rating of A-VII in
the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required, written
approval of Risk Management is required.
16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of
the City. Each insurance policy required by this Agreement, except for policies of worker's
compensation or accident/medical insurance shall list the City as an additional insured. City shall
have the right to revise insurance coverage requirements under this Agreement.
16.4 Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and
shall provide sufficient compensation insurance to protect Contractor and City from and against
any and all Worker's Compensation claims arising from the work and services provided under this
Agreement. 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.
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
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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 F constitute the entire agreement between the
parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be
void.
17.6 Any amendments to the terms of this Agreement must be in writing and must be signed by
authorized representatives of each Party.
17.7 None of the performance rendered under this Agreement shall involve, and no portion of the
Program Funds received hereunder shall be used, directly or indirectly, for the construction,
operations,maintenance or administration of any sectarian or religious facility or activity,nor shall
said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any
such sectarian or religious facility or activity.
17.8 The parties acknowledge that each party and its counsel have reviewed this Agreement and that
the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
17.9 Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
17.10 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor
and are not intended to create any rights, contractual or otherwise,to any other person or entity.
17.11 Contractor certifies that it has obtained a 501(c) (3) Certificate from the Internal Revenue Service.
Contractor shall notify City in writing of any changes to its 501(c) (3) tax-exempt status during
the term of this Agreement.
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
FY2022 Community Based Programs Agreement Page 12 of 23
Between CFW&NewDay Services for Children&Families
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 maintaining appropriate
records, which will be subject to review by the City. CONTRACTORS SHALL INDEMINFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALITIES,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
CONTRACTOR: Betsy Holland
Development Director
NewDay Services
6816 Camp Bowie Blvd W Ste 112
Fort Worth, TX 76116
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.
FY2022 Community Based Programs Agreement Page 13 of 23
Between CFW&NewDay Services for Children&Families
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.
FY2022 Community Based Programs Agreement Page 14 of 23
Between CFW&NewDay Services for Children&Families
IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas,to be effective this 1 day of October 2021
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR
OF FORT WORTH NEWDAY SERVICES
Jesus J.Chapa( t 3,20 110:09 CDT) Betsy Frolland(Sep 29,202117:00 CDT)
Jesus J. Chapa Betsy Holland
Deputy City Manager Development Director
Date: Oct 3,2021 Date: Sep 29,2021
APPROVAL RECOMMENDED APPROVED AS TO FORM AND
Neil Noakos LEGALITY FOR NEWDAY SERVICES
Neil Noakes(Sep 30,202114:29 CDT)
Neil Noakes
Chief of Police Attorney for NewDay Services
Date: Sep 30,2021 Date:
a
ATTEST ��o G��d
APPROVED AS TO FORM AND 0 4~g 0,
LEGALITY FOR CITY OF FORT �"`"` '0 °_
WORTH City Secretary ��*% °0
d� °°°°°°°° a
/ Oct 4 2021 a XASoA
�?*
Date:
Assistant City Attorney
M&C No.N/A
Date: Sep 30,2021 1295 CERTIFICATION: 2021-773189
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.
Contract Compliance Manager
Date: Sep 30,2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FY2022 Community Based Programs Agreement Page 15 of 23
Between CFW&NewDay Services for Children&Families
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FORT WORTH Exhibit
Request forReimbunement(RFR)
FY 2022
CRIME CON11tD[.
AND PREVFNnON Dt%I RI[-r
Submit To: NewDay Services for Children&
By Email: Submitting Agency: Families
PSM@fortworthtexas.go Contact Name: Betsy Holland
Phone Number: 817-926-9499
Mail:
Bob Bolen Public Safety Complex Email: bets y(a)newdayservices.ora
Attn: Contract Compliance Specialist Remit Address: 6816 Camp Bowie B1vdW,Ste 112
Financial Management Division Fort Worth,TX 76116
505 West Felix St. Invoice Number:
Fort Worth, TX 76115 Month of Request:
DUMCT COSTS(90%Minimum)
A B C D E
Total ofPrevious (B+C) (A-D)
This Month's
Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance
Requested To-Date Available
A Personnel $ 45,000.00 $ - $ 45,000.00
B Fringe Benefits $ 3,968.00 $ - $ 3,968.00
C Tmv el&Training $ - $ -
D Equipment $ - $ -
E Supplies $ - $ -
F Contracts/Consultants -
G Sub-Awards -
H Occupancy -
Total Direct Costs $ 48,968.00 $ $ S $ 48,968.00
INDBUICT COSTS(10%Mzrimum)
A B C D E
Total ofPcevious (B+C) (A-D)
This Month's
Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance
Requested To-Date Available
Total InDirect Costs $ $ $
Supporting documents required with monthly requests. Summary:
See Requestfor Reimbwv nent1&ucfions for reference Total Budget $ 48,968.00
Previous Requests: $
This Request: $
Total Requested To-Date $
Remaining Funds $ 48,968.00
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 ID Account
RFR Approved For Payment
Chant Staff Signature Date
Finance Received Stamp Placed Below
FY2022 Community Based Programs Agreement Page 19 of 23
Between CFW&NewDay Services for Children&Families
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Exhibit E
Crime Control and Prevention District
Partners with a Shared Mission
Quarterly Outcomes Report
Date:
Agency Name: NewDay Services for Children&Families
Program/Project Title: Helping Mothers be Mothers so Kids can be Kids
Fiscal Period: Reporting Period:
Contact Name: Betsy Holland Email: betsy@newdayservices.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 Percentage Cumulative
Measure Outcome Description This Percentage Goal
# Quarter To-Date
80%of Focus for Mothers(FFM)participants will
show improvement in one of 9 domains as °
1.1 demonstrated by the retrospective pre and post 80/°
survey.
77%of Mentor Navigator participants will show
improvement in Protective factors(Parent skills and °
2.1 efficacy, self-sufficiency,improved personal well-
being, 77/°
healthy relationships, and access to resources.)
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 Community Based Programs Agreement Page 21 of 23
Between CFW&NewDay Services for Children&Families
Exhibit F:
Crime Control and Prevention District
Partners with a Shared Mission
REQUEST FOR BUDGET MODIFICATION
Fiscal Year 2022
Date
Submitting Agency NewDay Services for Children&Families
Contact Name Betsy Holland
Phone Number and Email 817-926-9499,bets ewda services.or
Remit Address 6816 Camp Bowie Blvd W,Ste 112
Fort Worth,TX 76116
DIRECT COSTS 90% minimum
Budget Category Approved Budget Change Requested Revised Budget
A. Personnel $45,000.00
B. Fringe Benefits $3,968.00
C. Travel and Training
D. Equipment
E. Supplies
F. Contracts/Consultants
G. Sub-Awards
H. Occupancy
Total Direct Costs $48,968.00
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 Community Based Programs Agreement Page 22 of 23
Between CFW&NewDay Services for Children&Families
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