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HomeMy WebLinkAboutContract 56417 CSC No. 56417 AGREEMENT FOR PARTNERS WITH A SHARED MISSION BETWEEN BOYS & GIRLS CLUBS OF GREATER TARRANT COUNTY,INC.AND THE CITY OF FORT WORTH FOR THE COMIN' UP GANG INTERVENTION PROGRAM 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 BOYS & GIRLS CLUBS OF GREATER TARRANT COUNTY, INC., a Texas non-profit corporation ("Contractor") acting by and through Daphne Barlow Stigliano, Chief Executive Officer, its duly authorized representative. RECITALS WHEREAS, City has determined that the Comin' Up Gang Intervention Program is necessary to support crime prevention in City during Fiscal Year 2022. The Comin' Up Gang Intervention 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 Comin' Up Gang Intervention 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 Comin' Up Gang Intervention Program; and WHEREAS, City, as consideration for the performance of the Contractor, has appropriated monies in the CCPD Budget in the amount of$1,537,952.50 ("Program Funds") to provide to Contractor on a reimbursable basis for the operation of Comin' Up Gang Intervention 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 OFFICIAL RECORD 3. Exhibit B—Budget Narrative Spreadsheet 4. Exhibit C—Request for Reimbursement(RFR) CITY SECRETARY 5. Exhibit D—Project Plan Status Report FT. WORTH, TX FY2022 Partners with a Shared Mission Page 1 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 6. Exhibit E—Quarterly Outcomes Report 7. Exhibit F —Request for Budget Modification Form 8. Exhibit G—Corrective Action Plan Template 9. Exhibit H—Previous Year's Corrective Action Plan (if applicable) 10. Exhibit I—Facility Use Agreement Exhibits "A" through "I", 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 I 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: Project Plan. Contractor shall be responsible for the day-to-day administration of the Comin' Up Gang Intervention 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$1,537,952.50 ("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 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 FY2022 Partners with a Shared Mission Page 2 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 "Boys & Girls Clubs of Greater Tarrant County - RFR Month" and sent either via email to PSMgfortworthtexas.gov, or via mail addressed as such: ATTENTION: Contract Compliance Specialist, Financial Management Division, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth, Texas, 76115.Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Project Plan Status Report from the Contractor. Additionally, a Quarterly Outcomes Report is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days of receipt of said documents. Incomplete or incorrect submissions shall be returned to the Contractor for resubmission,restarting the 30-day reimbursement schedule. 2.3 Contractor is authorized to modify up to five (5) percent of any budgeted line-item in the original approved budget without prior written permission from City. However, Contractor must submit the Request for Budget Modification Form (Exhibit"F") to City, with the monthly RFR, during the month the modification took place. The request must include justification for modification to the budget, and the new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5)percent of any budgeted line-item in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit"F")must be submitted, and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before the modifications are made. The Budget Modification Form (Exhibit"F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget shall not exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs.Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3, 2.4. and 2.5. 2.7 Contractor will document cost allocations for all budgeted expenses throughout the entirety of the Agreement and will be responsible for having a policy and procedure in place for this documentation. Specifically, Contractor will document how all shared costs, personnel time, or equipment that was fully or partially paid for using CCPD funds, were used in furtherance of the program activities described in this Agreement. Documentation of these cost allocations, as well as a copy of the Contractor's policy and procedures for the documentation of the cost allocations FY2022 Partners with a Shared Mission Page 3 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 PSM@fortworthtexas.gov or to the Contract Compliance Specialist, Financial Management Division, Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas, 76115. 3. Term This Agreement shall commence upon October 1, 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. 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 FY2022 Partners with a Shared Mission Page 4 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County of an RFR, Project Plan Status, or Quarterly Outcomes Report. Contractor agrees to complete a Corrective Action Plan for recurring late submissions of an RFR,Project Plan Status, or Quarterly Outcomes Report, or for failing to take corrective actions and responding to audit reports by the City. The CAP will contain the identified issue found by the City,how the Contractor will correct that issue, who the responsible person will be to ensure completion, and a target completion date. An example of this form is attached as Exhibit"G". 4.5 A representative of the program from the Contractor shall attend quarterly meetings of the Crime Control and Prevention District Board as requested. 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not received in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of payments herein agreed upon for which funds have been appropriated. 5.3 The City may terminate this Agreement at any time and for any reason by providing the other party with thirty (30) days' written notice of termination. 5.4 Termination will be effected by delivering to Contractor written notice of termination. Upon Contractor's receipt of notice of termination, Contractor shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated; (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.5 In the event City suspends or terminates this Agreement, Contractor expressly waives any and all rights to monetary damages,including but not limited to actual,consequential,and punitive damages, court costs and attorney's fees. 5.6 Within thirty (30) days following the date of termination of this Agreement, Contractor shall return to City any property provided hereunder. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of termination of the Agreement. FY2022 Partners with a Shared Mission Page 5 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 Comin' Up Gang Intervention Program. Contractor shall maintain,replace,or repair any item of equipment used in support of the Comin' Up Gang Intervention 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 Comin' Up Gang Intervention 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 Comin' Up Gang Intervention 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. 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, 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 FY2022 Partners with a Shared Mission Page 6 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County fails to resolve or cure the questioned practice or expenditure,to the City's satisfaction,within the fifteen(15)day period,City reserves the right to withhold further Program Funds under this and/or future agreement(s)with Contractor. 7.3 If, as a result of any audit, it is determined that Contractor misused, misapplied or misappropriated all or any part of the Program Funds, Contractor agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty, or other charge levied against City because of such misuse, misapplication or misappropriation. 7.4 Contractor's obligation to City shall not end until all closeout requirements are completed. The closeout requirements shall include, but are not limited to: providing final Project Plan Status Report and Quarterly Outcomes Report,making final payments,and disposing of Comin'Up Gang Intervention assets as appropriate, if deemed required by the City in its sole discretion. 7.5 Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor under this Agreement, and work to be performed by Contractor under this Agreement and City shall have access at all reasonable hours to offices and records of Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 7.6 Throughout the term of this Agreement and for up to three months after its expiration, the City may periodically request, and the Contractor will be required to provide, information for the purposes of evaluating the overall effectiveness of Crime Control and Prevention District(CCPD) funding. This information will include, but may not be limited to, the zip-codes of participating individuals of the program(s)receiving CCPD funding. Requested information will consist solely of aggregated data without any personal identifiers. Further, any information requested will not be used in a way that would violate local, state, or federal statutes,regulations, or policies. 7.7 If the Contractor maintains the information the City is requesting, the Contractor shall provide the requested information to the City within 30 days of receipt of the request. If the Contractor does not maintain the requested information as of the date it receives the City's request, the Contractor shall begin collecting such information as of that date, shall provide an initial response regarding that information within sixty days, and shall thereafter update that information on request. 7.8 If necessary, an amendment may be brought forward to identify additional specific metrics that Contractor will be required to maintain and provide to the City to evaluate the effectiveness of the Crime Control and Prevention District Funding. Section 7 shall survive the expiration or termination of this Agreement. 8. Independent Contractor 8.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent,or servant or employee of City. Contractor shall have exclusive control of,and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, FY2022 Partners with a Shared Mission Page 7 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 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. 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. FY2022 Partners with a Shared Mission Page 8 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 Comin'Up Gang Intervention Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Comin' Up Gang Intervention Program during this tenure or for one year thereafter, shall have any interest, direct or indirect,in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee,member, or program participant of Contractor shall have a financial interest,direct or indirect,in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination 12.1 In accordance with the federal, state, and local laws and ordinances, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment, advancement, or discharge of employees, in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, statutory requirement, or statutory or ordinance exception. 12.2 Contractor will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will Contractor permit its officers,members,agents,employees,subcontractors,or program participants to engage in such discrimination. 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. FY2022 Partners with a Shared Mission Page 9 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 13. Compliance 13.1 Contractor, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. If City calls to the attention of Contractor in writing to any such violation on the part of Contractor or any of its officers, members, agents, employees, subcontractors or program participants, then Contractor shall immediately desist from and correct such violation. 13.2 Contractor shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of Contractor in writing to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors,then Contractor shall immediately desist from and correct such violation. 14. Governmental Powers It is understood that be execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. Waiver of Immunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 16. Insurance Requirement 16.1 Coverages and Limits — Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: (a) Commercial General Liability y(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. FY2022 Partners with a Shared Mission Page 10 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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. 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. FY2022 Partners with a Shared Mission Page 11 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 17.5 This written instrument and Exhibits "A" through "I" 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 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 FY2022 Partners with a Shared Mission Page 12 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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: Boys & Girls Clubs of Greater Tarrant County Daphne Barlow Stigliano, CEO& President 3212 E. Belknap St. Fort Worth, TX, 76111 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 Nationalitv 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 Partners with a Shared Mission Page 13 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 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 , 20 21. APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR BOYS OF FORT WORTH & GIRLS CLUBS OF GREATER 7'a(1,,.— TARRANT COUNTY Jesus I.Chapa( 4,20 1 11:25 CDT) Jesus J. Chapa f/T` Deputy City Manager Daphne Barlow Stigliano Oct 4,2021 CEO Date: Date: Oct 1,2021 APPROVAL RECOMMENDED Afa Ko%kzs- APPROVED AS TO FORM AND Neil Noakes(Oct 4,202110:58CDT7 LEGALITY FOR BOYS & GIRLS Neil Noakes CLUBS OF GREATER TARRANT Chief of Police COUNTY Date: Oct 4,2021 Attorney for BGCGTC APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT Date: � WORTH �p� FORr �O 00000000000 ATTEST ��0 0 F 1. o0040, Assistant City Attorney "`� 00 w o o d Oct 1,2021 City Secretary 0, 00000000000 00*� Date: �� .� Date: Oct 4,2021 ��"fix A Contract Compliance Manager: By signing I M&C No. 21-0615 acknowledge that I am the person responsible 1295 CERTIFICATION: 2021-736278 for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Y.SrAk ShAKAINV Sarah Shannon(Oct 1,2021 12:24 CDT) Contract Compliance Manager Date: Oct 1,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FY2022 Partners with a Shared Mission Page 14 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County u ° c U o 0 0 0 -a ° o o o 0 ° o3 5 O cd O N C 0 C C O p o �o U ° 1U O U O ^a y cd cn C4, , � °' , 3 0 o c o O a�' Ua 3CW70v� � FQ o U � an i 9 an �, o an u Q ' O O O y C � � o U Q91 n C - � O � Ncn OCp O O cj o O s. 0 bA 00 CJ Ay > v O 0 w ~ o 0. bA A- O cd v O C + — p, a V] cd W o ° o o c o U Q o O c °? a an 0 .0 o 0Uv� 0UF N o 0 0 �I ¢,U R i bA °0 O o 0 O �� O 0 0 C0 O o O cd }u, C O bA 0 f. s. sy. 'Q u ct S��" o ice„ ,� � � .a o� ,� •�" vi � +� vi � a� �CJ � �, �, � � � s�� � G� � CJ W O U Oo 'C U o o a ° o °mo. 05 " a°' o o � °Goc Z 0 o 0 0b ° ya*O"M ° CO CO w G�o ° en� N y oO U o a o 0 LTA U CO en U O C0 CQ U •.. � � o N v� bA c o En ch �y O ca w o U Q O U o y a u o � p s.. 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P Q V bA 0 p• C/] pch Crime Control and Prevention District Partners with a Shared Mission EXHIBIT B-BUDGET NARRATIVE FY22 Partners with a Shared Mission-Comin'Up Gang Intervention Program DESCRIPTIONQUSTIFICATION QUANTITY QUANTITY MEASURE RATE TOTAL REVENUE $0.00 Total Revenue $0.00 A.SALARY Senior Vice President of Operations provides staff supervision and is directly engaged in the hnplemeutation of programs and activities designed to maximize program outcomes.The SVPO is directly involved in implementing systems and methods to measure and monitor program outcomes.The SVPO is involved daily in the decision making process regarding existing or proposed program activities,member discipline and interaction,incident reporting and resolution,and allocation of resources to the various program sites. 312.00 HOURS $60.00 $18,720.00 Cost allocated based on actual time and effort.Estimated 312 hours per year.This position supports Outcome Objectives 1.1-1.3 Operations Coordinator assists the Senior Vice President of Operations and Comin'Up by tabulating and documenting program outcome reports and other program data.The Operations Coordinator also provides direct program support through assisting with procurement,bus maintenance and scheduling,and activity planning.The Operations Coordinator also acts a liaison between program 312.00 HOURS $16.00 $4,992.00 staff,members,and the SVPO.Cost allocated based on actual time and effort.Estimated 312 hours per year.This position supports Outcome Objectives 1.1-1.3 Comin'Up Senior Director,under the supervision of the Senior Vice President of Operations,is responsible for the implementation and successful-ution of site based services and programs for the Comin'Up program as determined by the SVPO.The Comin'Up Senior Director will develop,implement,and evaluate programs and services that accomplish short to mid-term outcome indicators and long range outcomes in the areas of Academic Success,Healthy Lifestyles and Good Character/Citizenship.Duties include but are not limited to meeting all required program goals and objectives successfully;ensure spending is reasonable,allowable,and allocable;follow and enforce program budget;program planning for each site;create and maintain successful relationships internally and externally; 2080.00 HOURS $33.95 $70,616.00 ensure all required activities and services are completed successfully,personnel management to include hiring,training,coaching,and discipline;and ensure compliance with all regulation and legislation.Other responsibilities include motivating and leading staff,site management,participant recruitment and member services,documentation and data entry,maintaining company vehicles and safety. This position participates in Outcome Objectives 1.1-1.3. Comin'Up Coordinator,under the supervision of the Comin'Up Senior Director,is responsible to assist in the overall operations of the Comin'Up Gang Intervention Program.The Comin'Up Coordinator sole responsibility is to support and provide services to the Comin'Up program,this position does not support other programs within the organization.The Comin'Up Coordinator deals with a diverse group of important external callers and visitors as well as internal contacts at various levels of the organization.Independent judgment is required to plan,prioritize and organize diversified workload.The CU Coordinator is responsible for ensuring the consistent collection and entry ofparticipant data to generate weekly and monthly program reports.This position monitors arrest records and bookings to track participant arrests on a daily basis.Programmatic support includes the processing of purchase orders,purchasing supplies,tracking requisitions,organizing meetings,special events,and trainings.The CU Coordinator assists with the processing of participant referrals and tracks community service hours for participants.Other responsibilities include but not limited to administrative functions such as reporting,answer phone,create correspondence,reporting,maintain office equipment,provide customer services,and 2080.00 HOURS $16.75 $34,840.00 maintain positive relationships.This position participates in Outcome Objectives 1.1-1.3 Site Director(5 Full-time Positions)under the supervision of the Comin Up Senior Director,is responsible for the implementation and successful mccution of program services and gang intervention services for the Comin'Up Gang Intervention Program at assigned site or coordination of programming between sites.Two of the Site Service Directors will also provide direct supervision and programming guidance to sites housed in city/parks facilities(within public safety guidelines).The Site Service Director provides fundamental support to Comin'Up Program members to achieve short and mid-term indicators and long range outcomes.Comin Up Gang Intervention Program serves gang-involved youth between the ages of 13-24 years in Fort Worth communities.Responsibilities include supervision 10400.00 HOURS $26.44 $274,976.00 and leadership of staff,site management,recruitment and member services,documentation and data entry,building and maintaining relationships,fleet management,safety,and successfully meet all program goals and objectives.Comin'Up Program staff along with Case Managers provides needs-based services and activities in efforts to reduce gang violence and influence positive change. Case Manager(6 Full-time Positions)is responsible for the implementation and successful execution of case management services and programs for the Comin'Up Gang Intervention Program.Case Managers provide fundamental support to Comin'Up Program members to achieve short and mid-term indicators and long range outcomes.Comin Up Gang Intervention Program serves gang-involved youth between the ages of 13-24 years in Fort Worth communities.Comin Up Program along with Case Managers provides needs-based services and activities in efforts to reduce gang violence and influence positive change.Responsibilities include recruitment,providing 12480.00 HOURS $18.27 $228,009.60 services to members,group facilitation,case management,documentation and data entry,building relationships,assist site staff and cover sites as needed,and safety.This position participates in Outcome Objectives 1.1-1.3 Outreach Specialist(6 Full-time Positions)will assist with participant recruitment and engagement Outreach Specialists will administer pre-intervention programming and mentoring sessions to assigned sites and areas.They will implement site-based services and activities designed to drive program participation and involvement to further program goals and objectives.Outreach Specialists will work closely within each community to conduct outreach activities and educate community members,participants,and other stakeholders 12480.00 HOURS $20.00 $249,600.00 on gang involvement This position participates in Outcome Objectives 1.1-1.3 Academic Instructors-6 part-time employces teaching and training approximately 4 hours per week over 48 weeks.This position participates in Outcome Objectives 1.1-1.3 1152.00 HOURS $21.00 $24,192.00 Teen and Early Intervention Specialist(7 Positions)under the supervision of the Comin Up Program Director,is responsible for representing the gang intervention program to gang-involved youth in the community.Responsible for providing required on-site services;early intervention and prevention programming(including members 7-18);music and other social and emotional support and programming;monitoring behavior and safety of members;assisting program staff in recruiting,orienting,and supporting the program c periu ce of new participants;and to successfully achieve all program goals and objectives.This position participates in Outcome Objectives 1.1-1.3 7280.00 HOURS $11.50 $83,720.00 Vacancy Allowance-To adjusted budgeted salaries for anticipated vacancies -0.13 PERCENT $989,665.00 -$128,656.53 TOTALSALARYJ $861,009.07 Sr.Vice-PresidentOperations-Fringe Benefits including 6%Health,Dental,Life insurance,7.65%FICA,3%Retirement,l%Worker's 18.15% PERCENT $18,720.00 $3,397.68 Comp,.5%State Unemployment Supports Outcome Objectives 1.1-1.3. FY2022 Partners with a Shared Mission Page 17 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County Operations Coordinator-Fringe Benefits including 21 Health,Dental,Life insurance,7.65%FICA,3%Retirement,1%Worker's 33.15% PERCENT $4,992.00 $1,654.85 Comp,.5%State Unemployment Supports Outcome Objectives 1.1-1.3. CU Senior Director-Fringe Benefits including 10%Health,Dental,Life insmance,7.65%FICA,3%Retirement,1%Worker's Comp, 22.15% PERCENT $70,616.00 $15,641.44 .5%State Unemployment.Supports all activities. CU Coordinator-Fringe Benefits including 20%Health,Dental,Life insurance,7.65%FICA,3%Retirement,l%Worker's Comp,.5% 32.15% PERCENT $34,840.00 $11,201.06 State Unemployment Supports all activities. Site Directors-Fringe Benefits including 13%Health,Dental,L ife insurance.7.65%FICA,3%Retirement,l%Worker's Comp,.5% 25.15% PERCENT $274,976.00 $69,156.46 State Unemployment Supports all activities. Case Managers-Fringe Benefits including 18.5%Health,Dental,Life insurance.7.65%FICA,3%Retirement,l%Worker's Comp,.5% 30.65% PERCENT $228,009.60 $69,884.94 State Unemployment Supports all activities. Outreach Specialists-Fringe Benefits including 17%Health,Dental,Life insurance.7.65%FICA,3%Retirement,1%Worker's Comp, 29.15% PERCENT $249,600.00 $72,758.40 .5%State Unemployment.Supports all activities. Academic Instructors-Fringe Benefits including 7.65%FICA,3%Retirement,l%Worker's Comp,.5%State Unemployment Supports 12.15% PERCENT $24,192.00 $2,939.33 activities under Outcome Objectives 1.1-1.3 Teen and Early Intervention Specialists-Fringe Benefits including 7.65%FICA,3%Retirement,l%Worker's Comp,.5%State 12.15% PERCENT $83,720.00 $10,171.98 Unemployment.Supports activities under Outcome Objectives 1.1-1.3 Cellular Phone Reimbursements Supports all activities. 1 15.00 EMPLOYEES $365.00 $5,475.00 Vacant Allowance-To adjusted budgeted salaries for anticipated vacancies Supports all activities. -13.00% PERCENT $262,281.14 -$34,096.55 TOTALFRINGE1 $228,184.59 C.TRAVE Staff Mileage Reimbursement.Travel is required for the following positions.CU Senior Director—the CU Senior Director(Sr.D)is responsible for creating and maintains successful relationships internally and externally which often requires travel throughout the day. Sr.D also ensures all required activities and services are completed successfully which requires travel to the different sites.Sr.D handles personnel management to including hiring,training,coaching,and discipline.Sr.D ensures compliance with all regulations.Sr.D responsibilities that also require travel include site management,participant recruitment and member services,maintaining company vehicles and facility safety.CU Coordinator—The CU Coordinator deals with a diverse group of important external and internal customers at various levels of the organization that sometime require travel to meet.The Coordinator provides programmatic support includes the processing of purchase orders,purchasing supplies,organizing meetings,special events,and trainings which also require traveLCU Site Director—The CU Site Director(SD)is responsible for the implementation and successful execution of program services and gang intervention services for the Comin'Up Gang Intervention Program at assigned site.Planning,preparation and coordination of these services require travel.Two of the Site Service Directors will also provide direct supervision and programming guidance to sites housed in city/parks facilities.Travel is required to monitor both sites.Other responsibilities that require travel include supervision and 32000.00 MILES $0.58 $18,400.00 leadership of staff,site management,recruitment and member services,building and maintaining external relationships,fleet management,safety,and successfully meeting all program goals and objectives.Case Manager—The CU Case Manager(CM)is responsible for implementation and successful execution of case management services and programs for the Comin'Up Gang Intervention Program.Responsibilities that require travel include recruitment,providing services to members,group facilitation,case management,building relationships with external partners,purchasing goods,assisting site staff and covering sites as needed.Outreach Specialist—The CU Outreach Specialist(OS)is responsible for participant recruitment and engagement Travel is required to recruit in Fort Worth neighborhoods.Outreach Specialists administer pre-intervention programming and mentoring sessions throughout Fort Worth.OS work closely within each community to conduct outreach activities and educate community members,participants,and other stakeholders on gang involvement Supports all activities.Teen and Early Intervention Specialist-The Teen and Early Intervention Specialist(TS)is responsible for implementation and successful execution of early intervention,food distribution,and programming services and programs for the Comin'Up Gang Intervention Program.Responsibilities requiretravel between sites to provide targeted early intervention,music and social and emotional,and food distribution support,and assisting site staff and covering sites as needed. Bus Mileage—Buses are necessary for member transportation,program implementation,and food distribution.Transportation is a significant barrier for many participants and access to transportation is crucial to achieve goals on participant case management service plans.Member transportation will include transportation to job interviews,GED testing sites,vocational training sites,and other needs 21634.00 MILES $1.74 $37,643.16 included on their case management service plans.Comin'Up staff also provides transportation to participants to®sure their ability to access services during the evening hours.Participants are transported nightly to and from the service sites.Transportation is also required for off-site activities,field trips,and to conduct inter-site activities.Supports all activities. Staff Training—Staff training will be used to ensure staff is properly trained to perform program duties.Trainings for 2021 will include local conferences for staff such as the"Stop the Violence"conference,CPR classes for new staff and renewals for existing staff, a mental health workshop,crisis intervention training,and motivational interviewing training.Training will include expenses for the program director to attend anational gang prevention/intervention conference:registration for national conference,air travel to national conference,hotel for national conference,per diem for staff travel,and incidentals to include parking,taxi,and luggage fees.In-house trainings will occur throughout the year and may include meals(CU Staff Only)for in-house trainings,training materials and presenter 1.00 TRAININGS $4,800.00 $4,800.00 fees.For the purposes of this proposal,Staff Training does not include organizational staff meetings with programming that targets staff retention and staffrecognition. TALE Conference-$1000($300-conference$400 hotel 300-$400-airfare) Outside Gang Intel Speaker-$1000($500 speaker$500 food) Local PD/Gang Unit Training-$400(food catering-twice a year) In-house Training-$2,400(4 Trainings X 12 staff X$50 est.cost per staff).Supports all activities. TOTALTRAVEL 560.843.16 D.EQUIPMENT Furniture-Replacement finniturre will be purchased as needed to be used in programming spaces.This expense covers normal furniture wear and tear.Examples of furniture include stools,chairs,couch,desks,tables,folding tables,file cabinets,etc.Supports all activities. 1.00 FURNITURE $1,000.00 $1,000.00 Music/Social Emotional Programming Equipment-If members are engaged in activities in our facilities,they are not engaging in criminal activities.Local trends have revealed that many gang members areusing music to spread threats of violence and these threats have escalated to actual violence in many instances.Our music social emotional program will provide an outlet for our members to create music that does not promote or provoke violence.Examples of music programming equipment are Computers,DAW(Pro Tools),Audio Interface,Microphones,Headphones,Studio Monitors,Cables,Microphone Stands,Pop Filter,Desk/Workstation,Studio Chairs, 1.00 MUSIC EQUIPMENT $12,000.00 $12,000.00 Reflection Filters,Studio Monitor Stands,Rack Mount,Power Conditioner,Microphone Preamp,Headphone Amp,Monitor Management,Virtual Instruments,MIDI Controller,Electronic Drum Kit,Control Surface,Software/Plugins,Snake Cable, Unintamptible Power Supply,Direct Box,Keyboards,Drum Machine,and Guitars.Supports activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1, and 1.7.1. Game Consoles-This expense will be used to purchase replacement game consoles and other associated equipment such as controllers, 1.00 GAME CONSOLES $2,500.00 $2,500.00 games,etc as needed.This expense supports all activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1,and 1.7.1. TOTAL EQUIPMENT $15,500.00 E.SUPPLIES Backgiound Screenin s Supports all activities. 70.00 SCREENINGS $50.00 $3,500.00 Di ug Screenin s Supports all activities. 35.00 SCREENINGS $100.00 $3,500.00 Job Postings Supports all activities. 15.00 POSTINGS $200.00 $3,000.00 Staff Shirts Supports all activities. 100.00 SHIRTS $20.00 $2,000.00 Athletic Supplies-Athletic activities are useful for member recruitment and engagement If members are engaged in athletic activities in our facilities,they are not engaging in criminal activities.Examples of items to be purchased are basketballs,soccer balls,softballs,bats, 100.00 GENERAL ATHLETIC SUPPLIES $20.00 $2,000.00 Soccer nets,pool we and balls,jerseys,volleyballs,exercise supplies,table tennis,basketball nets,volleyball nets,etc. FY2022 Partners with a Shared Mission Page 18 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County Game Room Supplies-Game room activities are useful for recruitment and engagement If members are engaged in activities in our facilities,they are not engaging in criminal activities.Examples of game room supplies are board games,oversized games,cards,dice, 240.00 VARIOUS GAME SUPPLIES $14.58 $3,500.00 team building games,water games,hula hoops,dominoes,etc.Supports activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1,and 1.7.1. Arts and Crafts Supplies-Arts and crafts provide apositive outlet for members to express themselves without engaging in criminal activities such as tagging.When members are engaged in these positive activities,they are not engaging in criminal activities.Examples 10.00 GENERAL ARTS SUPPLIES $200.00 $2,000.00 of arts and crafts include,markers,poster board,pens,pencils,paint,crayons,paper of all sizes,easels,yam,string,pins.Supports all activities. Community Service Supplies-One of the causes of gang-related activities is the family traditional aspect of gang culture.Community service is a tradition that Comin'Up has developed in order to help create a culture of giving back to the community.Examples of community service supplies are food,clothing,blankets,toothpaste,toothbrushes,wipes,toilet paper,brushes,combs,tampons,pads, 10.00 FOOD,CLOTHING,HYGIENE $200.00 $2,000.00 deodorant,water,paper towels,forks,spoons,greeting cards,board games,hair nets,gloves,masks,gift bags,Christmas stockings,hot cocoa,donuts,toys.Supports all activities. Education Supplies-Low educational attainment is one of the many causes of income inequality.Helping members progress in their educationjourney is considered life changing as you help cultivate the value of education as it is an indicator of long-term success and 350.00 K-12/POST-SECONDARY SUPPLY $10.00 $3,500.00 can help reduce levels of crime.Supports all activities. Field Trips/Offsites/College Visits-Many of our members are not afforded the opportunities to experience life outside of their neighborhood.Exposure to experiences outside of their community assists with cultural sensitivity in different social settings as staff model appropriate etiquette,and expected behavior.Income inequality and a lack of resources prevent our members from these experiences.College visits are instrumental in sparking interest in higher education and helping members see themselves as potential 100.00 OFFSITE VISITS COSTS $110.00 $11,000.00 college students.Helping members progress in their education journey is considered life changing as you help cultivate the value of education as it is an indicator of long-term success and can help reduce levels of crime. Supports activities 1.1.1,1.2.1,1.3.1,1.4.1,1.4.2,and 1.7.1 Local event entry/participation fees-Supporting our members at local school competitions and community events is instrumental in gaining trust.When amember has formed/joined a new positive social network such a school sports team,they are less likely to spend timewith negative peers in the unstable,low-income areas they reside in.Supporting positive social groups helps prevent gang-related 300.00 ADMISSION FEES $5.00 $1,500.00 activities. Supports activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1,and 1.7.1. Trophies,Incentives,Prizes-Prizes and incentives are needed for member engagement If members are engaged in activities in our facilities,they are not engaging in criminal activities. 150.00 AWARDS $20.00 $3,000.00 Supports activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1,and 1.7.1. Program participant's baby supplies-Parenting education services are referred out for out pregnant and parenting members.Baby supplies assist with addressing the breakdown in American family as a cause of crime.Teaching,training,and mentormg our parenting 40.00 GENERAL BABY ESSENTIALS $25.00 $1,000.00 members help place value on family. Supports activities 1.1.1,1.2.1,and 1.3.1. Hygienic Supplies-Income inequality and a lack of resources sometimes prevent our members from possessing these necessities.While teaching,training,and mentoring our members who may not have sufficient guidance at home,we often have necessary discussions around proper hygiene.Many of our impoverished members are ashamed to attend school due to ridicule from lack of essential hygiene 500.00 GENERAL HYGIENE PRODUCTS $4.00 $2,000.00 products.Helping members remove barriers to progress in their educationjourney is considered life changing as you help cultivate the value of education as it is an indicator of long-term success and can help reduce levels of crime. Supports activities 1.1.1,1.2.1,1.3.1,and 1.8.1. Meals,snacks,drinks,refreshments-Food insecurity is a significant problem in Fort Worth,and Comin'Up will also address the nutritional needs of participants and members by providing meals and snacks to ensure that hunger does not lead to more crime.Part of the reason that people of lower socioeconomic position behave and feel as they do is that they are relatively often hungry.The hunger 1852.00 MEALS $10.00 $18,526.50 hypothesis applies in particular to impulsivity-hyperactivity,irritability-aggression,anxiety,and persistent narcotic use,all of which have been found to show socioeconomicgradients and lead to crime. Supports all activities. Annual Life Change Banquet-The Life Changes banquet is our year-end event that staff,members and community stakeholders attend to celebrate the accomplishments of our members.The banquet brings all members from all sites together in a formal event setting.The program includes acknowledgments of life changes for all members,Member of the Year,GED Instructor of the year,and Site of the Year.Recognizing the positive life changes in this manner assists with encouraging members to continue pursuit of long term life 1.00 FEES $3,000.00 $3,000.00 changes which result in areduction in crime in the city of Fort Worth. Purchases associated with Life change banquet include,venue,catering,awards,certificates,speaker fees door prizes. Supports all activities. Office Supplies-Quantity and unit costs will vary depending on the needs of the program and vendor costs at the time of purchase. Based on previous year's spending trends the following amount is a projection for FY 2021. Examples of office supplies include paper,pens,pencils,markers,calendars,notebook paper,file folders,manila folders,two pocket folders,envelopes all sizes,stamps,ink pads,printer ink,toner,dividers,3 ring folders,portfolio folders,sheet protectors,tape and tape 91.00 SUPPLIES $10.00 $910.00 dispensers,stapler and staples,sticky notes,calculators,sort quick,paper clips,highlighters,sharpies,bulletin board markers,easel notebook pads. Supports all activities. Occ apational Skills Training-Supports activities 1.1.1,1.2.1,1.3.1,1.4.2,and 1.7.1. 40.00 TRAINING $500.00 $20,000.00 Educational Testing and Pretesting supplies-Supports activities 1.1.1,1.2.1,1.3.1,1.4.2,and 1.7.1. 29.00 GEDMISET $100.00 $2,900.00 Public Transportation fees-Supports all activities. 125.00 BUS PASSES $4.00 $500.00 Interview clothing-Supports activities 1.1.1,1.2.1,and 1.3.1. 50.00 CLOTHING $20.00 $1,000.00 Early Intervention Programming/Secondary prevention programming identifies young children(ages 7-14)at high risk and intervenes with appropriate services before early problem behaviors turn into serious delinquency and gang involvement Examples of 300.00 GEN SUPPLIES $10.00 $3,000.00 EIP and SPP programming supplies are curriculum,paper,markers,pencils,folders,flip charts,dry erase boards,board games,food, snacks,drinks,prizes,awards,and trophies,etc.Supports activities 1.1.1,1.4.1,1.4.2,1.5.1,1.6.1,and 1.7.1. Postage is required to mail out information and flyers to external strategic partners for the purposes of supporting the mission of positively impacting the lives of at-risk and gang-involved youth.Correspondence is commonplace with juvenilejustice,court system, 240.00 POSTAGE $1.00 $240.00 community partners,philanthropic businesses,and concerned citizens and volunteers. Supports all activities TOTALSUPPLIES $93,576.50 F.CONSULTING/CONTRACTING Contract Services-GED training,life skills training,clerical,recmiting,tutoring,lifeguards,referees,IT contract services.Estimated needs based on historical data from past years fees:IT Contract Services$1,983.65,Lifeguards$600.00,OLD&Tutoring$500.00, 1.00 CONTRACTS $3,383.65 $3,383.65 Referees$300.00 Supports all activities. Copy Machine Leases-Su orts all activities. 12.00 MONTHLYLEASE $100.00 $1,200.00 Accident Insurance-Accident insurance provides very limited urgent care medical coverage to program members with no other insmance coverage(including Medicaid)who participate in sports and all other activities at program facilities and program events.No 11.4% PERCENT $8,000.00 $912.00 program or administrative staff are covered by this policy.Supports all activities. Internet Efftering Hardware and Software(monthly)Supports all activities. 4.00 HARDWARE/S $2,000.00 $8,000.00 Trax Solutions-Data tracking and Case Management Software(monthly)Supports all activities. 20.00 DATABASE A $200.00 $4,000.00 Security Camera management(monthly)Supports all activities. 4.00 MONITORING $500.00 $2,000.00 External Evaluator/Consultant 1 1.001 CONTRACT $SQ000.00 $50,000.00 TOTAL CONSULTING/CONTRACTING $69,495.65 G.SUB-GRANTS $0.00 TOTAL SUB-GRANTS $0.00 H.OCCUPANCY Program Lease 1 12.001 MONTHLYLEASE $2,500.001 $30,000.00 Pro ram Staff Telephone service 1 12.001 MONTHLY $599.941 $7,199.28 FY2022 Partners with a Shared Mission Page 19 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County Comin'Up Pro ram Office SecurityMonitoring Service Supports all activities. 12.00 MONTHLY $43.00 $516.00 Diamond Hill Internet Access Supports all activities. 12.00 MONTHLY $114.91 $1,378.92 Hillside Internet Access Supports all activities. 12.00 MONTHLY $114.91 $1,378.92 Comin'Up Pro ram Office Electricity Supports all activities. 12.00 MONTHLY $433.00 $5,196.00 Comin'Up Pro ram Office Waste Disposal Supports all activities. 12.00 MONTHLY $254.00 $3,048.00 Comin'Up Pro ram Office Water Supports all activities. 12.00 MONTHLY $56.00 $672.00 Comin'Up Pro ram Office Internet Access&About system Monitoring Supports all activities. 12.00 MONTHLY $80.18 $962.16 Comin'Up Pro ram Office Janitorial Service Supports all activities. 52.00 WEEKLY $100.00 $5,200.00 TOTAL OCCUPANCY1 $55,551.28 INDIRECT Indirect-Expenses which support all activities,including but not limited to Persouuel and Fringe Benefits costs for the Vice President Finance and Payroll and Accounting Specialist,Property Insurance,General Liability,Umbrella liability,Audit,Accounting/HR 0.10 PERCENT FS ,537,952.50 $153,792.25 Software(Comm'Up staff only),Communication Comin'Up Sites(Office phone,Internet&Cable Wifi),Electricity,Gas,Water& Sever,and Building Maintenance Total Requested $1,537,952.50 FY2022 Partners with a Shared Mission Page 20 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County FORT WORTH. Exhibit Request for Reimbursement(RFR) FY 2022 1'1{1�1 F.cnnrtxot. A11]Y&k:L'1'1'Tltlti f115TR1{"f Submit To: Boys&Girls Clubs of Greater Tarrant By Email Submitting Agency: County-Comin Up PSM@fortwortbtexas.gov Contact Name: Jerell Blount Phone Number: 817-834-4711 Marl: Bob Bolen Public Safety Complex Email: iblountCa�bacatc.ora Attn Contract Compliance Specialist Remit Address: 33121-Belknap St Financial Management Division Fort Worth TX 76111 505 West Felvc St. Invoice Number: Fort Worth,TX 76115 MonthofRequest: DIRECT COSTS(90%Minimum) A B C D E Total of Previous (B+C) (A-D) This Month's Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 861,009.07 $ - $ 861,009.07 B Fringe Benefits $ 228,184.59 $ - $ 228,184.59 C Travel&Training $ 60,843.16 $ - $ 60,843.16 D Equipment $ 15,500.00 $ - $ 15,500.00 E Supplies $ 93,576.50 $ - $ 93,576.50 F Contracts/Consultants $ 69,495.65 $ - $ 69,495.65 G Sub-Awards $ - $ - H Occupancy $ 55,551.28 $ - $ 55,551.28 Total Direct Costs $ 1,384,160.25 $ $ $ $ 1,384,160.25 INDIRECT COSTS(10%Maximum) A B C D E Total of Previous (B+C) (AD) This Month's Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance Requested To-Date Available Total InDirect Costs S 153,792.25 $ $ $ 153,792.25 Supporting documents required with monthly requests. Summary: See Requertfor Rembursementhutruchom forreference Total Budget: $ 1,537,952.50 Previous Requests: $ This Request: $ Total Requested To-Date $ - Remaining Funds $ 1,537,952.50 I have reviewed this request and cent fy 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 Payinent Chant Staff Signature Date Finance Received Stamp Placed Below FY2022 Partners with a Shared Mission Page 21 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County • kr) oc 0 O N N N A- r F, .--I .--I N oc �- ct cn O p ." O s0. U Nul N O bA V1ulV +• O O O N ct 4.0 .� ... V i V O CC cl 9, ct O ctct cn O to to N Ar. to ° 73 ct Q O U O O CJ' 'a NLn O .� ct O cn to it ¢ r „� o o x p C7 � '� ,o o w � onU 5 rz a U ct Cl ��' O C, cn 03 O N N s U U yV p �i O O cn y cull o U Q '• F. O O U z � cr ^ � y C,3 � � � � o � � ;t: � � o o o r. ct o o ON ct Q ' U c+. O O c+. ■ ■ ■ v O FC � NWU0 �-4 p cd . cd O o z O V C, cd bA O O O Gj w Gj O o 0 Oj A O O O O •� .O.l y: � O •� � N � U c-i un e•; � M O � O \O O O O O 00 O N N N N W) N a1 O cl U U U i-r U C4 U O U Q O U U Vi � o O U 6" c F O Q" o c oj O 0 f.of " IQ �+ cl Ui y CSC G iU. 3 v O. y COC y y y O O 00 wii = 0 �." � a� � O. CL � O. �Q a y vUi O CL aj w ... O ViCIO caQ=jso. 0 U � Exhibit E Crime Control and Prevention District Partners with a Shared Mission Quarterly Outcomes Report Date: Agency Name: Boys&Girls Clubs of Greater Tarrant County Program/Project Title: Comin' Up Gang Intervention Program Fiscal Period: Reporting Period: Contact Name: Jerell Blount Email:jblount@becgtc.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 (year-to- Date) 20% of program member participants will make positive life changes as defined by(1)Grade Progression(2)Enlistment into the Armed Forces(3)Graduating High School(4)Completion of a 1.1 semester of college (5)Completion of vocational or job training(6) 20% Completion of 90 days employment(7)Returning to school(8) Obtaining a GED/High School equivalency(9)Completion of juvenile or adult probation. 1 2 95%of program participants will not engage in behavior that results 95% in an arrest on an annual basis. 50%of program participants will report an overall improvement in attitudes and perceptions towards the importance of Needs Based 1.3 Topics: education,legal employment,job readiness,community 50% service,handling conflict,healthy living,being a leader,decision making and peer influence. 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 24 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County Exhibit F: Crime Control and Prevention District Partners with a Shared Mission REQUEST FOR BUDGET MODIFICATION Fiscal Year 2022 Date Submitting Agency Boys&Girls Clubs of Greater Tarrant County—Comin' U Contact Name Jerell Blount Phone Number and Email 817-834-4711, jblount b c tc.or Remit Address 3312 E Belknap St Fort Worth,TX 76111 DIRECT COSTS 90% minimum Budget Category Approved Budget Change Requested Revised Budget A. Personnel $861,009.07 B. Fringe Benefits $228,184.59 C. Travel and Training $60,843.16 D. Equipment $ 15,500.00 E. Supplies $93,576.50 F. Contracts/Consultants $ 69,495.65 G. Sub-Awards H. Occupancy $55,551.28 Total Direct Costs $ 1,384,160.25 INDIRECT COSTS 10% maximum Approved Budget Change Requested Revised Budget $ 153,792.25 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 25 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County � w � U A e A 0 u o C) EA Qj Qn •� Z e � U o U U i■ N � � c e�C rn p Qn ~ u Qn ~ o � o CIS N tt ICI V � O w � EXHIBIT I Facilities Use Requirements for Diamond Hill and Hillside Community Centers SECTION 1 LOCATION 1.1 Location. City does hereby grant to Contractor the use of certain space within the following locations for the purpose of the Comin' Up Gang Intervention Program for Fiscal Year 2021: 1.1.1 Diamond Hill Community Center, which is located at 170I N.E.36th Street,Fort Worth, Texas 76106; and 1.1.2 Hillside Community Center,which is located 1201 E.Maddox Street, Fort Worth, Texas 76104. The Diamond Hill Community Center and Hillside Community Center shall be referred to as "Centers" or"Community Centers" throughout this Exhibit. 1.2 Condition of the Centers. Contractor expressly acknowledges and agrees that it has conducted a full and complete physical examination of the Centers and hereby accepts the Centers,AS IS,WHERE IS,AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE,EXPRESS OR IMPLIED,IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED,IN FACT OR BY LAW,INCLUDING WITHOUT LIMITATION,THE IMPLIED WARRANTY OF SUITABILITY,AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. SECTION 2 USE OF THE CENTERS 2.1 Contractor may use the Centers to operate the Program in accordance with this Agreement in support of its mission and for no other purpose. 2.2 Contractor shall only have use of the Centers during the following scheduled times and specific locations within the Centers: Diamond Hill Community Center: 8:OOpm - 11:OOpm Monday thru Friday. The Contractor may use the specific locations listed in Section I I Access. Hillside Community Center:8:OOpm- 11:OOpmMonday thru Friday.The Contractor may use the specific locations listed in Section I I Access. FY2022 Partners with a Shared Mission Page 27 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County All activities related to any Program must be completed within the time periods set forth in this section,including, but not limited to, set-up and clean-up. If Contractor,for any reason, holds over beyond the scheduled times or uses additional areas of the Centers,the director of the Park Department ("Director") or that person's authorized designee, in his/her sole discretion, reserves the right to remove Contractor and any participants of the Program ("Program Participants") from the Centers or charge Contractor a fee for use of the Centers for the time period beyond that which the Centers are reserved. Any additional fee will be commensurate with that charged to other patrons of the Centers using the same space for the same amount of time and shall be paid within thirty (30) calendar days after the City sends a written invoice. 2.3 In the event of a change in hours or availability of the Centers, such change shall not give rise to any claim against the City by the Contractor, whether for lost profits, cost, overhead, or otherwise. 2.4 Contractor may bring onto the Centers any equipment reasonably necessary to further the intended use of the Centers. Equipment and supplies must be stored in the Comin' Up office space. 2.5 Contractor may not use any part of the Centers for any use or purpose that violates any applicable law,regulations,or ordinance of the United States,the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Centers. 2.6 Contractor understands and agrees that the parking areas at the Centers are not for the exclusive use of the Contractor and that the City and the Centers'patrons may use the parking spaces at any time. 2.7 Contractor shall not allow Program Participants unsupervised use of any allowed area. Disregard for this request will result in loss of access to these areas. SECTION 3 HOLDOVERTENANCY 3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement, this Agreement will expire without further notice when the Term expires. Any holding over by Contractor after the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the Centers, except as a tenant atwill. SECTION 4 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor shall: 4.1.1 Ensure that all Program Participants and any other individual using the Centers, including, but not limited to, any guardians and parents of the Program Participants,comply with any and all policies,rules,and regulations governing the use of the Centers. The City will provide a copy of any such FY2022 Partners with a Shared Mission Page 28 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County policies, rules, and regulations within a reasonable time after request by the Contractor. 4.1.2 Provide a Program Participant listing to the Director and ensure each Program Participant and instructor of any Program has a current membership card for the Centers and instruct any such person without a membership card to secure one before attending any Programs in the Centers. Any participants who have a membership card prior to enrolling in any of Contractor's Programs shall maintain the membership card in good standing for the duration of such Program. 4.1.3 Contractor and Program Participants shall not remain in the Centers beyond the Contractor's approved hours, except in instances of eminent danger to the Program Participants, severe weather conditions, emergencies declared by the City and other situations determined in the sole discretion of the Director. 4.1.4 Notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, must be provided to the City within 24 hours prior to scheduled start time. In case of emergency or Force Majeure Events,the Contractor must notify the Director promptly upon learning of such emergency or Force Majeure Events. 4.1.5 Provide a listing of all Program Participants to the Director and ensure each Program Participant and instructor of any Program has a current membership card for the Centers and instruct any such person without a membership card to secure one and pay the applicable $20.00 fee for the membership card before attending any Programs in the Centers.Any Program Participants who have a membership card prior to enrolling in any of Contractor's Programs shall maintain the membership card in good for the duration of such Program. 4.1.6 NOT USE THE CENTERS FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS SUCH AS UNIFORMS AND COSTUME SALES OR FUND RAISING. 4.1.7 Report any maintenance or repair needs to the Director as soon as practicable. 4.1.8 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Centers. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder.Contractor shall place language in its contracts with contractors and subcontractors that contractors shall notify City as required by Contractor in this subsection. FY2022 Partners with a Shared Mission Page 29 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 4.1.9 Daily, prior to the start of Program activities, a representative from City employed at the Centers and Contractor will conduct a facility walk through and will complete and sign a form to document any damages. 4.1.10 Contractor will clean the Centers each night after the Program concludes. If this does not occur, the program will not be allowed in the center the following evening. If this is a recurring problem, the group will be prohibited from returning. 4.1.11 Any damage incurred during Program hours must be reported immediately to City by e-mail to the Supervisor of the Center.For serious damage, Supervisor must be contacted by phone. 4.1.12 While City will commission and oversee all repairs, Contractor will reimburse City for any repairs that are made for any damage that occurs during Program hours. 4.1.13 Contractor will provide City with a staff list and program management contact information,and contact procedures. 4.1.14 City will provide staff lists, including emergency contact information and contact procedures for the Centers. 4.1.15 City will provide Contractor with necessary keys and security codes for access to the Centers. Comin' Up staff must keep a key log of what staff are assigned a key and security code. If access is no longer needed, the keys must be returned within 72 hours. 4.1.16 Contractor will notify City immediately if the security of the Centers is compromised. 4.1.17 Contractor will document all incidents that occur during Program times. Documentation must include date,time,person(s)involved,a narrative of the incident, follow up response to the incident, and whether or not law enforcement was contacted. Center Supervisor should be notified immediately. 4.1.18 Contractor will notify law enforcement where appropriate. 4.1.19 Incidents in which Contractor shall notify law enforcement and center supervisor,include but are not limited to: fights,threats,damage to property,and theft. 4.1.20 Contractor will provide City with a copy of the Contractor's incident report for all documented incidents no later than the next business day following each documented incident. 4.1.21 Contractor will operate a progressive discipline policy with appropriate consequences. Incidents that warrant exclusion from the facility will be discussed and consequences assessed on a case-by case basis. 4.1.22 Contractor will remit payment in the amount of$500.00 for cleaning supplies by October 1 of each agreement year. 4.2 The Citywill: FY2022 Partners with a Shared Mission Page 30 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 4.2.1 Furnish the necessary existing utilities and electrical power available at the Centers for the ordinary and intended use of such,which includes lighting,heat and air conditioning,and water. City shall not be liable or responsible for accidents or unavoidable delays. 4.2.2 Ensure the Centers are suitable for their intended purpose. 4.2.3 Process membership applications for the Centers and issue membership cards. 4.2.4 Ensure the Centers are ready for set up by Contractor in accordance with any reasonable requests of the Contractor. 4.2.5 City will provide a facility closing/cleaning schedule to include: sanitizing, sweeping,mopping,dusting, etc. SECTION 5 LIENS 5.1 Contractor shall do no act or make any contract that may create or be the foundation for any lien upon or interest in any City property. Any such contract or lien attempted to be created or filed shall be void. Should any purported lien on City property be created or filed, Contractor, at its sole expense, shall liquidate and discharge the same within ten(10)calendar days after notice from the City to do so. Should Contractor fail to discharge the same, such failure shall constitute a breach of this Agreement, and the City shall have the right to terminate this Agreement immediately. However, Contractor's financial obligation to City to liquidate and discharge such lien shall survive following termination of this Agreement and until such a time as the lien is discharged. SECTION 6 CARE OF THE CENTERS 6.1 Contractor, at Contractor's own expense, shall keep the Centers and maintain all equipment and other properties of City in a safe,sanitary,sightly condition and in good repairduring each Program or scheduled time set forth in this Agreement. Contractor shall restore and yield said Centers,equipment,and all otherpropertie s belongingtothe City back to City at the expiration of each Program or scheduled time set forth in this Agreement in good or better condition as it existed at the beginning of each Program or schedule time set forth inthisAgreement and inwhich Contractorfound them. 6.2 Contractor will not do or permit to be done any injury or damage to the Centers,or any part thereof, or permit to be done anything that will damage or change the finish or appearance of the Centers or the furnishings thereof or any otherproperty belonging to the City by the erection or removal of equipment or any other improvements,alterations or additions.No decorative or other materials shall be nailed,tacked, screwed or otherwise physically attached to any part of the Centers, or to any of the furnishings or fixtures of the City without the prior written consent of the Director. 6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage that may be done to the Centers or any of the fixtures, furniture or furnishings by any act of Contractor or any of Contractor's officers,representatives,servants,employees,agents,Program Participants, or anyone visiting the Centers upon the invitation of the Contractor. The City shall determine, in its sole discretion,whether any damage has occurred,the amount of the damage and the reasonable costs of repairing the damage, and whether,under the terms of this Agreement,the FY2022 Partners with a Shared Mission Page 31 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County Contractor is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the Centers, furnishings, fixture or furniture by the Contractor. The costs of repairing any damage to the Centers shall be immediately due and payable by the Contractor upon Contractor's receipt of a written invoice from City. 6.4 Subject to the prior written consent of the Director,Contractor may place any signs within the Centers necessary to indicate Contractor's name and location. Any sign shall be prepared and installed by the Contractor, at the sole cost of Contractor, in accordance with applicable rules and regulations of the City and in keeping with the Centers' decor. Any special requirements of Contractor contrary to the above must be made a part of this Agreement by written amendment. SECTION 7 FORCE MAJEURE 7.1 If either party is unable,either in whole or part,to fulfill its obligations under this License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies;wars; blockades; insurrections;riots; epidemics; public health crisis; earthquakes; fires; floods;restraints or prohibitions by any court,board, department, commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other reason beyond the Party's reasonable control(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Contractor hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. SECTION 8 RIGHT OF ENTRY AND INSPECTION 8.1 In providing use of the Centers by Contractor, City does not relinquish the right to control the management of the Centers,or the right to enforce all necessary and proper rules for the management and operation of the same. After receiving notice by City, Contractor must permit City or its agents, representatives,or employees to enter the Centers for the purposes of inspection; determining whether Contractor is complying with this Agreement;maintaining,repairing,or altering the Centers;or any other reasonable purpose. During any inspection, City may perform any obligations that City is authorized or required to perform underthe terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. In the event of an emergency, no advance notice from City is required. SECTION 9 LICENSES AND PERMITS 9.1 Contractor shall,at its sole expense,obtain and keep in effect all licenses and permits necessary for its operations. FY2022 Partners with a Shared Mission Page 32 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 9.2 Copy of the documentation stating the Contractor's status is due annually to the address specified for the Park&Recreation Department in the notice provision of this Agreement. SECTION 10 ADDITIONAL DUTIES UPON TERMINATION In addition to the duties described in the Agreement, Contractor shall comply with the following upon termination or expiration of the Agreement: 10.1 Prior to the effective date for expiration or termination of the Agreement, Contractor shall promptly remove all of its personal property; provided, however, Contractor shall not be obligated to remove any fixtures. Contractor shall also repair any damage to the Centers that occurred during Contractor's use of the Centers, including, but not limited to, any damage that Contractor causes during removal of Contractor's property,to the reasonable satisfaction of the Director. 10.2 If Contractor fails to comply with its obligations in this Section,City may,at its sole discretion, (i)remove Contractor's personal property and otherwise repair the Centers and invoice Contractor for City's costs and expenses incurred,such invoice to be due and payable to City within thirty(30) calendar days of its delivery to Contractor;or(ii) following no less than thirty(30)calendar days prior written notice to Contractor,take and hold any ofContractor's personal property as City's sole property;or(iii)pursue any remedy at law or in equity available to City. If Contractor fails to surrender the Centers to City following termination or expiration,all liabilities and obligations of Contractor hereunder shall continue in effect until such is surrendered. 102 Upon termination,all funds owed to the City shall be due and payable by the tenth(1 Oth) calendar day after the effective date of termination. 103 Other Remedies. Any termination of this Agreement as provided in this Agreement will notre lieve Contractor from paying any sum orsum s due and payable to City under this Agreement that remains unpaid and due at the time of termination,or any claim for damages then or previously accruing against Contractor under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Contractor for any default under this Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided bylaw,whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to Contractor hereunder and City may pursue any and all rights and remedies or relief provided by law, whether or not stated in this Agreement. SECTION 11 ACCESS 11.1 Contractor will only use areas of the Centers that are approved in advance by City. At Diamond Hill Community Center, the following areas may be used: gym, lobby and restrooms, fitness room, multipurpose room, Comin' Up office, and computer lab if monitored. The kitchen may be used if available and requested in advance. No one should be behind the front counter. At Hillside Community Center, the following areas may be used: gym, lobby and restrooms, multipurpose room, and computer lab if monitored. The kitchen may be used if available and FY2022 Partners with a Shared Mission Page 33 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County requested in advance. No one should be behind the front counter. Fitness center access is not available as the center now charges a fitness center membership to access this renovated area. 11.2 Contractor will assure that Program members adhere to the Program hours of 8:00 pm - 11:00 pm. Earlier access may only be granted by arrangement. Examples may include attending a pre-arranged class;program,fitness center use;and use of the City of Fort Worth(CFW) community center membership card to attend an appropriate activity at the Centers. 11.3 Contractor shall restrict entry to the Program to members and bona-fide guests. The age limits for participation in the Program are ages 13 - 24. 11.4 Notify Program participants that they will not be allowed to congregate or loiter in front of the main entrance of the Centers or in the parking lot or park prior to 8:00 pm or after 11:00 pm. FY2022 Partners with a Shared Mission Page 34 of 34 Agreement between City of Fort Worth&Boys&Girls Clubs of Greater Tarrant County 8/25/2021 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fn DATE: 8/24/2021 REFERENCE**M&C 21- LOG NAME: 35COMIN UP GANG INTERVENTION NO.: 0615 PROGRAM FY22 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 2, CD 5, CD 8 and CD 9) Authorize the Execution of a Contract with the Boys & Girls Clubs of Greater Tarrant County, Inc. in the Amount Up to $1,537,952.50 for the Continued Operation of the Comin' Up Gang Intervention Program for Fiscal Year 2022 RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with the Boys & Girls Clubs of Greater Tarrant County, Inc. in an amount up to $1,537,952.50 for the continued operation of the Comin' Up Gang Intervention Program for Fiscal Year 2022. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize a contract with the Boys & Girls Clubs of Greater Tarrant County, Inc. for the continued support and services of the Comin' Up Gang Intervention Program (Comin' Up). Comin' Up was established in 1994 in order to reduce gang- related violence by diverting gang members into programs and services to help youth avoid negative and destructive behaviors. Comin' Up provides intervention services to gang-involved youth between the ages of 13 and 24. The Boys and Girls Clubs of Greater Tarrant County, Inc. operates Comin' Up at six sites, including Diamond Hill, Hillside, Near Southside (Panther), Northside, Poly, and Stop Six. These Comin' Up sites serve approximately 680 youth nightly Monday through Friday. Program staff provides information and referral services, works directly with gang leaders to assist with conflict resolution, and provides crisis intervention to diffuse potentially troubling or violent situations, which has helped staff successfully develop truces between rival gangs. The Crime Control and Prevention District Fund Fiscal Year 2022 budget appropriates the amount of $1,537,952.50. This agreement will be effective October 1, 2021, and will end on September 30, 2022. This program serves COUNCIL DISTRICTS 2, 5, 8 and 9. 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 I (Chartfield 2) FROM _ i Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by_ Jay Chapa (5804) apps.cfwnet.org/council_packet/mc_review.asp?ID=29163&counciId ate=8/24/2021 1/2 8/25/2021 M&C Review Originating Department Head: Neil Noakes (4212) Additional Information Contact: Keith Morris (4243) ATTACHMENTS a pps.cfwnet.o rg/co u ncil_packet/mc_review.asp?I D=29163&cou nci Id ate=8/24/2021 2/2