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HomeMy WebLinkAboutContract 51365 R �o CITY --0NTRACT NO. 4 RSTATE OF TEXAS § COUNTIES OF TAR-RANT, WISE § AND DENTON § AGREEMENT BETWEEN ALLIANCE FOR CHILDREN,INC.,AND CITY OF FORT WORTH FOR CHILDREN'S ADVOCACY CENTER PROGRAM THIS Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Alliance for Children, Inc., ("AFC") acting by and through Julie Evans, it duly authorized Executive Director. RECITALS WHEREAS,City has determined that the AFC provides services in coordinating agencies' activities against child abuse in the City ("AFC Children's Advocacy Center Program"); and WHEREAS, City and AFC desire to enter into a contract to have such services provided which benefit the Fort Worth community through the support of the Client Relations Specialist, Center Assistant, and MEP Liaison's salaries and through public education about child abuse, cultivation of volunteers, and multidisciplinary case coordination to facilitate services for the benefit of children and their families who have been affected by child abuse; and WHEREAS, City desires to contract with AFC to provide such services for the public purpose of combating child abuse; and WHEREAS, City, as consideration for the performance of AFC Children's Advocacy Center Program,has appropriated monies in the Department's General Fund Budget in the amount of$64,000.00 ("Program Funds") to provide to AFC on a reimbursement basis for the operation of the AFC Children's Advocacy Center Program, subject to and in accordance with this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: CONTRACT DOCUMENTS The Contract documents shall include the following: 1. This Agreement for the AFC Children's Advocacy Center Program 2. Exhibit A— Scope of Work 3. Exhibit B—Budget O FFICIAL RECORD c�� sECRE P?YN5. Exhibit D—Program4. Exhibit C—Request fAcor vi eReport Reimbursement RETARY 6. Exhibit E—Request for Budget Modification TX CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 1 of 21 All Exhibits A through E, which are attached hereto and incorporated herein, and 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 E, and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. DEFINITIONS The term "City" shall include City, and its officers, agents, employees, and representatives. The term "AFC" shall include AFC, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "Party" shall refer to either City or AFC. The term "Parties" shall refer to both City and AFC. The term "General Fund" shall refer to the portion of money allocated in Fiscal Year 2019 to the Fort Worth Police Department in City's General Fund. AGREEMENT 1. Responsibilities of AFC. AFC 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" — Program Scope of Work, attached, and incorporated herein for all purposes incident to this Agreement. AFC shall be responsible for day-to-day administration of the AFC Children's Advocacy Center Program. AFC agrees to expend the Program Funds in accordance with its AFC Children's Advocacy Center Program budget, described in Exhibit "B," attached. Program activities shall be reported in accordance with Exhibit"D," attached. 2. Program Funds. 2.1 In no event shall the total distribution of Program Funds from City made to AFC during the term of this Agreement exceed the total sum of$64,000.00. 2.2 Payment of the Program Funds from City to AFC shall be made on a cost- reimbursement basis following receipt by City from AFC of a signed Request for Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and support documentation. AFC shall deliver to City a written detailed Program Activities Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by AFC or duly authorized officer of AFC. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15th day following the end of the month. Submittal of monthly RFR and Program Activities Report is required even if services are not provided. CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 2 of 21 Submit the monthly RFR with an original signature by an authorized representative to the Grant Management Section of the Fort Worth Police Department,ATTENTION: Grant Specialist,Bob Bolen Public Safety Complex,505 W. Felix St.,Fort Worth,Texas,76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report. Reimbursements shall be made within 30 days receipt of said documents. 2.3 AFC 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, AFC must submit the Budget Modification Form (Exhibit "E") to City, with the monthly RFR, in the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5) percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit"E") 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 cannot 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 any budget modifications are made. The Budget Modification Form (Exhibit "E") 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 cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3, 2.4. and 2.5. Budget adjustments shall be submitted to the Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist, Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth, Texas, 76115. 3. Term. This Agreement shall commence upon October 1, 2018, and shall end on September 30, 2019. All of AFC's expenditures under this Agreement must be completed no later than September 30, 2019. CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 3 of 21 4. Program Performance. 4.1 AFC agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit "A." 4.2 AFC agrees to provide a monthly Program Activities Report to document the performance of the work described in Exhibit"D", respectively. The Program Activities 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. The monthly Program Activities shall be submitted to City no later than the 15th day after the end of each month. 4.3 AFC agrees that the monthly Request for Reimbursement and Program Activities Report will be submitted to City no later than the 15th day after the end of each month. Should AFC not meet these requirements, AFC will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, AFC has not submitted the required reports, City will send a non-compliance letter notifying AFC's duly authorized representative of a possible suspension of program funding. 5. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the general fund. All monies distributed to AFC hereunder shall be exclusively from monies received from the general fund appropriated for the purpose of funding this agreement, and not from any other monies of City. In the event that funds from the general fund are not received prior to the execution of this contract by the parties, 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 AFC under or in connection with this Agreement. 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 AFC 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. 5.2 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. 5.3 Termination will be effected by delivering to AFC a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon AFC's receipt of notice of termination, AFC 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; CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 4 of 21 (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. 5.4 In the event City suspends or terminates this Agreement, AFC 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. 5.5 Within thirty (30) days following the date of termination of this Agreement, AFC shall return to City any property provided hereunder. City will have no responsibility or liability for AFC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City. AFC shall maintain all equipment used in the administration and execution of the AFC Children's Advocacy Center Program. AFC shall maintain, replace, or repair any item of equipment used in support of the AFC Children's Advocacy Center Program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement, or repair of any equipment used in support of the AFC Children's Advocacy Center Program and/or for use under the terms of this Agreement is the sole responsibility of AFC. AFC shall not use Program Funds or City funds to repair or replace said equipment. AFC shall use any and all equipment purchased with Program Funds exclusively in support of the AFC Children's Advocacy Center Program. Within 10 days following the purchase of equipment, AFC shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grant 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 AFC agrees to keep sufficient records to document its adherence to applicable local, state, and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of AFC under this Agreement. AFC, 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 AFC's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. AFC shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 5 of 21 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to AFC by City. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s)with AFC. 7.3 If, as a result of any audit, it is determined that AFC misused, misapplied, or misappropriated all or any part of the Program Funds, AFC 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 AFC's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report, making final payments, disposing of AFC Children's Advocacy Center Program assets as appropriate, if deemed required by City in its sole discretion. 7.5 AFC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by AFC under this Agreement,and City shall have access at all reasonable hours to offices and records of AFC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Section 7 shall survive the expiration of termination of this agreement. 8. Independent Contractor. 8.1 AFC shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. AFC shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior shall not apply as between City and AFC, 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 AFC.No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by the 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 the Contractor, and any program participant 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 no officer, member, agent, employee, subcontractor, licensee, or invitee of AFC, nor any program participant hereunder is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by AFC, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI 9 Page 6 of 21 8.2 City shall in no way nor under any circumstances be responsible for any property belonging to AFC, 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. AFC SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE,AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OFAFC, ITS OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES. AFC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE 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)AFC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACTOR OMISSION OR INTENTIONAL MISCONDUCT OF AFC, 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 CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPOR TIONED COMPARA TI VEL Y IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. AFC shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by AFC shall be effective without City's prior written approval. CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 7 of 21 11. Prohibition Against Interest. 11.1 No member, officer, or employee of City, or its designees or agents; no member of the governing body of the locality in which the AFC Children's Advocacy Center Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the AFC Children's Advocacy Center Program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. AFC 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 AFC 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 AFC of any land, materials, supplies,or services purchased with any funds transferred hereunder,except on behalf of AFC, as an officer, employee, member, or program participant. Any willful violation of this paragraph with the knowledge,expressed or implied,of AFC 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,AFC 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 AFC will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will AFC permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. AFC shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, AFC shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. AFC 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 AFC employee who is not legally eligible to perform such services.AFC SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY AFC, AFC'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to AFC, CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI 9 Page 8 of 21 shall have the right to immediately terminate this Agreement for violations of this provision by AFC. 13. Compliance. 13.1 AFC, 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 AFC in writing to any such violation on the part of AFC or any of its officers, members, agents, employees, subcontractors, or program participants, then AFC shall immediately desist from and correct such violation. 13.2 AFC 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 AFC in writing to any such violations on the part of AFC or any of its officers, members, agents, employees, program participants, or subcontractors, then AFC shall immediately desist from and correct such violation. 14. Waiver of Immunity. If AFC 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,AFC 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. 15. Insurance Requirement. 15.1 AFC shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability CGL): $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and $100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interests of the City. 15.2 AFC'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. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement,except for policies of worker's compensation or accident/medical insurance shall list the City as an CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 9 of 21 additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 AFC further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect AFC and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. Miscellaneous Provisions. 16.1 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. 16.2 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. 16.3 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 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.. 16.4 AFC 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. 16.5 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Agreement for all purposes, 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. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii)addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 10 of 21 CITY: Jesus J. Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Grant Management Section Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth, TX 76102 AFC: Julie Evans, Executive Director Alliance for Children, Inc. 908 Southland Road Fort Worth, TX 76104 16.7 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. 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and AFC and are not intended to create any rights,contractual or otherwise,to any other person or entity. 16.10 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. 16.11 Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject to review by the City. CONTRACTOR CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 11 of 21 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. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI 9 Page 12 of 21 IN WITNESS WHEREOF, the parties het have executed his agreement in multiples in Fort Worth, Tarrant County,Texas,to be effective this day of�C�b� ,20_W. APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR OF FORT WORTH ALLIANCE FOR CHILDREN Jesus J.Chapa JU4 Ie Evans Assistant City ManagerJJ Executive Director Date:- �G� Date: 9/a(o le APPROVED AS TO FORM AND APP R L C ENDED LEGALITY FOR AFC Chief Joel F. Fitzgerald AFC Attorney Chief of Police Date: Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH ATT T Matthew A.Murray 0 [ary J. Kays Assistant City Attorney �' :, i Secretary Date: (?' D e: v Form 1295 Certification No.:201 - M&C No. N Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting OFFICIAL RECORD 5requi remm CITY SECRETARY FT.i+�ORTH,TX Name w'r' b"L vV-C— TitleCan e mp�wite f"(!r CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FY 19 Page 13 of 21 EXHIBIT A SCOPE OF WORK Alliance For Children is the children's advocacy center serving all of Tarrant County. Since 1992, over 53,000 children have benefited from Alliance For Children's teamed investigations and coordinated approach. Alliance For Children is a nonprofit organization that operates child-friendly centers located in Arlington, Fort Worth, Hurst and Lakeside. It is our mission to protect Tarrant County children from child abuse through teamed investigations, healing services and community education. We use a coordinated, multi- disciplinary teamed approach to child abuse investigations that allows us to lessen the trauma to child abuse victims and provide timely,supportive services to children and their protective caregivers. This grant will be used to cover 100%salary for the Client Relations Specialist and 14%for the part-time Center Assistant at the Fort Worth center. Both of these positions act as the initial contact person for all client, volunteer, and professional inquiries to Alliance For Children (AFC). These positions provide lobby support to families and children, obtain family demographic information, and distribute Family Assistance Guides to accompanying parents/guardians. They provide translation and interpretation services for Spanish- speaking clients, including phone calls, forensic interviews, written statements and face-to- face interviews. They also are responsible for maintenance at the facility. Also included is partial salary (50%) for one Multidisciplinary Team (MDT) Coordinator, who works to increase communication and cooperation between multi-disciplinary partners (Fort Worth Police Department (FWPD), Department of Family and Protective Services (DFPS), AFC, Cook Children's, and Tarrant County District Attorney's Office) and works to ensure that children and families who are in need of services receive referrals to AFC. DFPS statewide intakes for child sexual abuse cases in Tarrant County which meet AFC's Protocols, and fall under the jurisdiction of FWPD, are referred to the funded MDT Coordinator. This individual reviews intakes and links together the necessary multi- disciplinary partners who are involved or should be involved with the case. The MDT Coordinator also facilitates referrals for Alliance For Children services such as the Forensic Interview, Family Advocacy, and Mental Health services based on the reviewed intakes. The Scope of Work is to be performed and documented in compliance with the monthly program activities report outlined in exhibit D. CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI 9 Page 14 of 21 Exhibit B BUDGET NARRATIVE FISCAL YEAR 2019 DIRECT PROGRAM COSTS: A. Personnel $46,976: This line item covers the salary for the Client Relations Specialist (37,856 x 100%of fulltime=$37,856)and the part time Center Assistant(19,734 x 13.9%of part-time=$2744) at the Fort Worth center. Both of these positions act as the initial contact person for all client, volunteer, and professional inquiries to Alliance For Children(AFC). These positions provide lobby support to families and children, obtain family demographic information, and distribute Family Assistance Guides to accompanying parents/guardians. They provide translation and interpretation services for Spanish-speaking clients, including phone calls, forensic interviews, written statements and face-to-face interviews. They also are responsible for maintenance at the facility. Also included is partial salary for one Multidisciplinary Team(MDT)Coordinator(46,800 x 50%of fulltime = $23,400), who works to increase communication and cooperation between multi- disciplinary partners(Fort Worth Police Department (FWPD), Department of Family and Protective Services(DFPS), AFC, Cook Children's, and Tarrant County District Attorney's Office)and works to ensure that children and families who are in need of services receive referrals to AFC. DFPS statewide intakes for child sexual abuse cases in Tarrant County which meet AFC's Protocols, and fall under the jurisdiction of FWPD, are referred to the funded MDT Coordinator. This individual reviews intakes and links together the necessary multi-disciplinary partners who are involved or should be involved with the case. The MDT Coordinator also facilitates referrals for Alliance For Children services such as the Forensic Interview,Family Advocacy,and Mental Health services based on the reviewed intakes. B. Fringe Benefits: This line item covers items for the Client Relations Specialist and MDT Coordinator. a. Retirement $750: Employer paid Simple IRA contribution b. FICA$3,594: c. Life Insurance$31: Employer paid life insurance d. Health Insurance$5,956: Employer paid health insurance e. Disability Insurance$173: Employer paid LTD insurance f. Unemployment-State$120: C. Travel and Training: D. Equipment: E. Supplies F. Contracts/Consultants G. Other Approved INDIRECT COSTS: A. Personnel: $6400 CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 15 of 21 B. Fringe Benefits: C. Travel and Training: D. Equipment: E. Supplies: F. Contract/Consultants G. Other Approved: CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 16 of 21 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90%Minimum) Total $57,600.00 A.PERSONNEL Salaries $46,976.00 PERSONNEL TOTAL: $46,976.00 B.FRINGE BENEFITS Retirement $750.00 FICA $3,594.00 Life Insurance $31.00 Health Insurance $5,956.00 Disability Insurance $173.00 Unemployment-State $120.00 FRINGE BENEFITS TOTAL $10,624.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D.EQUIPMENT None EQUIPMENT TOTAL $0.00 E.SUPPLIES None SUPPLIES TOTAL $0.00 F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 INDIRECT PROGRAM COSTS(10%Maximum) Total $6,400.00 A.PERSONNEL Personnel $6,400.00 PERSONNEL TOTAL: $6400.00 B.FRINGE BENEFITS None FRINGE BENEFITS TOTAL $0.00 C.TRAVEL AND TRAINING None CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 17 of 21 TRAVEL AND TRAINING TOTAL $0.00 D.EQUIPMENT None EQUIPMENT TOTAL $0.00 E.SUPPLIES None SUPPLIES TOTAL $0.00 F.CONTRACTS/CONSULTANTS $0.00 CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $64,000.00 CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 18 of 21 FORT WORTH EghibitC Request for Reimbursement(RFR) FY 2019 CRIME CONTROL AND PREVENTION DISIRK'I Submit To: Submitting Agency: Alliance For Children Bob Bolen Public Satty Complex Corntact Name: Elaine Blount Atte Keih Morris Phone Number: 817-348-1115 Financial Management Division Finall; EBlountMAllianceForChildren.ora 505 West Fels St. Fort Worth TX 76115 RemR Address: 908 Southland Avenue;FW,TX 76104 Imoice Nurlber: Mornth of Request: DIRECT COSTS(90%1Lnimum) A B C D E Total of Previous + A-D Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance Requested Request To-Date Available A Personnel S 46,976.00 S - S 46,976.00 B Fnnge Benefits S 10,624.00 S S 10,624.00 C ITravel&Training S - S D Equipment S - S - E Supplies F Contracts,Consultants Total Direct Costs S 57,600.00 S $ $ $ 57,600.00 WDIRDLT COSTS(10%Maximum) A B C D E Total of PreviousThis Month's B+C A-D Request Budget Category Budget Amount Reimbursements que Total Requested Remaining Balance Requested st To-Date Available A Personnel S 6,400.00 S - S 6,400.00 B Fnnge Benefits S - S - C Travel&Trammg S - S - D Equipment S - S E Supplies S S - F Contracts/Consultants $ $ Total InDirect Costs $ 6,400.00 $ S S $ 6,400.00 Supporting documents required with monthly requests. $,Resungrve This includes,timesheets depicting CCPD funded activities, Total Budget: S 64,000.00 copy of paychecks,invoices and receipts detailing all CCPD Previous Requests:,S funded expenditures. This Request: $ Total Requested To-Date S Remaining Funds S 64,000.00 1 have reviewed this request and certjft that these listed expenses and support docurnentation are accurate. Authorized Signatory _ SNIM-29 TAW _ _ Date Fiscal Agent Use Onl Purchase Order N Fund Dept ID Account RFR Approved For Paynsvrt Giant Staff Signature Date Finance Received Stamp Placed Below CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 19 of 21 FOR�WORTH Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency Alliance for Children Contact Name Elaina Blount Phone Number and Email 817-348-1115 EBlountCcD-AllianceForChildren.org Remit Address 908 Southland Avenue, Fort Worth 76104 Activity Current To Date Year End Month Total Goal Total 1 Number of Family Guides provided to families in Fort Worth Center 660 2 Number of first-time clients served at Fort Worth Center 880 3 Hours of language interpretation/translation services provided to clients at the 95 Fort Worth Center 4 Number of cases received and reviewed by MDT Coordinator 900 5 Number of cases where the partners involved in the case were linked together 113 by the MDT Coordinator 6 Number of cases that met protocol and were recommended for services(which 200 could include generating and filing FWPD offense reports or CPS reports on behalf of the partners requesting Forensic Interview or Family Advocate Services from AFC) 7 8 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 20 of 21 FORT WORTH c.=COMML &Prmftm Darmcr • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval • Modifications cannot be made between Direct and Indirect costs Exhibit E Request for Budget Modification Fiscal Year 2019 Date Submitting Agency Alliance For Children Contact Name Elaina Blount Phone Number and Email 817-348-1115 EBlount@allianceforchildren.ora Remit Address 908 Southland Avenue,Fort Worth 76104 DIRECT COSTS(90%minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Direct Costs INDIRECT COSTS(10%maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative(describe in detail what change is for) x I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date ft"SWW'am Modification Approved CTModification NOT Approved FWPD Staff Signature Date CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN FYI Page 21 of 21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-392679 , Alliance For Children Fort Worth,TX United States Date Rled: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/15/2018 being filed. City of Fort worth Date Acknowilt 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract FY2019 Public Assistance Grant Children's Advocacy Center 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Tcta/•G BEV a4 S and my date of birth is My address Is f a� SOLe fcuaC Ave, FO-74- 6Vmr-74 —[X -7(o lO O ttXA' (street) (dty) (state) (zip oode) (—try) I declare under penalty of perjury that the foregoing is true and correct. Executed In 0.t r[Arr� Courtly, State of 1 ,Q�(�5 on the �day of�T 20I. ( (Year) ESPERANZA MEDELLIN Notary Public,State of Texas s9 :+e (',)mm.Expires 06-28-2021 Signature of authorized agent of contracting business e Notary ID 13119D5D-2 9 ( t) �►n9 �Y Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711