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HomeMy WebLinkAboutContract 53062 07Y SECRETARY Ri�cj 7lv G 1, PACT NO. NOV 1 f�'2019 C17Y0F,IaRr crNs�C���Yry AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE SAFE CITY COMMISSION,INC.,FOR FUNDING FROM THE CRIME CONTROL AND PREVENTION DISTRICT 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 Safe City Commission ("SCC"), a Texas nonprofit corporation acting by and through Ken Shetter, it duly authorized President. RECITALS WHEREAS, City has determined that SCC provides services in coordinating agencies' activities against domestic violence and child abuse in the City; and WHEREAS, City and SCC desire to enter into a contract to have such services provided which benefit the Fort Worth community through the creation and continued operation of the One Safe Place Family Justice Center("One Safe Place FJC"); and WHEREAS, SCC shall act as a Support Service Provider who will provide administrative and facility services at One Safe Place FJC to the Fort Worth Police Department and other third party entities and programs ; and WHEREAS, City, as consideration for the SCC's role as a Support Service Provider, has appropriated in the Department's Crime Control and Prevention District ("CCPD") Fund Budget an amount of$300,000.00 ("Program Funds") to provide to SCC on a reimbursement basis for the operation of the One Safe Place FJC and its role as a Support Service Provider subject to the terms and conditions set forth in 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 SCC 2. Exhibit A—Scope of Work 3. Exhibit B—Request for Disbursement Template 4. Exhibit C—Corrective Action Plan Form Exhibits A through C, 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 C, and the terms and.conditions set forth in the FY20 ONE SAFE PLACE v� AGREEMENT BETWEEN THE CITY OF FORT WORTH OfF�C � �� AND SAFE CITY COMMISSION a e 0 19 body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. DEFINI`.CIONS The term"City"shall include City,its officers, agents,representatives,and employees. The term "SCC" shall include SCC, its officers, agents, representatives, employees, servants,contractors, and subcontractors. The term"Party"shall•refer to either City or SCC, The term"Parties"shall refer to both City and SCC. The tern "Direct Service Provider" refers to an entity or program that primarily or exclusively serves the purpose of providing cringe co itrol and prevention related services directly to members of the public. The term "Support Service Provider" refers to an entity or program that primarily or exclusively serves the purpose of providing administrative and facility services to the Fort Worth Police Department and to at least four other,third-party entities or programs that provide crime control and prevention related services directly to members of the public. AGREEMENT i. Responsibilities of SCC. 1.1 SCC covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described.in Exhibit"N'—Scope of Work.SCC shall be responsible for day-to-day administration of the One Safe Place FJC. SCC agrees to expend the Program Funds in accordance with the Scope of Work as described in Exhibit"A"that supports the activities performed by the City of fort Worth Police Department and the four (4) other third party Direct Service Providers that comply with the CCPD goals, 1.2 SCC agrees to maintain records documenting the total number of individuals who visit One Safe Place FJC; the number of individuals it serves;the total number of individual visits to each one of the Direct Service Providers supported by the SCC; and the Zip codes of the individuals served (Service.Data). The SCC also agrees to require each Direct Service Provider it supports to, at a minimum, maintain records of the entity or program's Service Data and submit monthly,quarterly, and annual Service Data reports to the SCC. The SCC shall furnish City staff with reports on a quarterly and annual basis that reflect both individual and aggregated Service Data for itself and all of the Direct Service Providers the SCC is supporting. FY20 ONE SAFE PLACE AGREEMENT BETWEEN TIE CITY OF FORT WOWITI AND SAFE CITY COMMISSION page 2 of 19 1.3 SCC agrees to complete and submit written agreements between the SCC and each of the 4 Direct Service Providers it supports, as well as an agreement with the Fort Worth Police Department. Such agreements should include, at a minimum, (i)the nature of the services to be provided by the Direct Service Provider receiving support from the SCC to demonstrate that the Direct Service Proidver adequately align with the District's mission,(ii)the scope of administrative and facility support that is being provided to each of the Direct Service Providers being supported by the SCC, (iii) a description of the maintenance and reporting of Service Data that will ultimately be reported to the CCPD Board so that the CCPD Board may determine whether District funding is being used effectively, and (iv) reasonable procedures for dispute resolution between the parties so that the Board has adequate assurance the parties have recourse against each other in the event questions or issues arise regarding use of District funds. 1.4 SCC agrees to perform an audit by an independent third-party at its own cost. regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. if a funding recipient is already obtaining a general audit of its financial matters by an independent tbird-party, that audit may be used to satisfy this requirement so long as it specifically includes separate review of the records of CCPD funds. Such an audit may not be completed by an individual or firm that has audited the Contractor for the previous three consecutive years. 2. Support Funds. 2.1 In no event shall the total distribution from City made to SCC during the term of this Agreement exceed the total sung of$300,000.00("Support Funds")or 30% of the Contractor's reported annual revenue,whichever is less. 2.2 Payment of the Support Funds from City to SCC shall be made on a disbursement basis following receipt by City from SCC of a signed Request for Disbursement (RFD), as described in Exhibit "B," to be accompanied by a revenue report outlining revenue amounts per source category for monies received during the month reported and the total revenue received after October 1,2019. Such reports shall be signed by the SCC or its duly authorized officer. The RFD shall be submitted to City no later than the 1 Sri'day following the end of the applicable month. Submittal of a monthly RFD is required even if no revenue is received for that particular month. 2.3 The monthly RFD should be sequentially numbered and be accompanied by documentation directly from the SCC's accounting system. Submissions must be scanned and submitted to the Grants and Program Management Section of the Fort Worth Police Department. Submissions should be titled"Organization--RFD Month" and sent either via email to CPD Grants@fortworthtexas.gov. Disbursements will not be made until after receipt of an acceptable and approved RFD. Additionally, a quarterly reporting of Direct Service Provider data is required as described in section 4.2 of this Agreement and must be approved prior to any disbursements.Disbursements shall be made within 30 days receipt of the required documents outlined above. FY20 ONE SAFE PLACE AGRUMENT BETWEEN UE CPI'Y OF FORT WORTH AND SAFE CITY COMMISSION Page 3 of 19 Incomplete or incorrect submissions will be returned to the SCC for resubmission, restarting the 30-day disbursement schedule. 2.4 SCC 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, SCC 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 activities described in this Agreement.Documentation of these cost allocations, as well as a copy of the SCC's policy and procedures for the documentation of the cost allocations shall be made available to the City upon request. 3. Term. This Agreement shall commence upon October 1,2019("Effective Date"), and shall end on September 30, 2020 ("End Date"). All of SCC's expenditures under this Agreement must be completed no later than September 30,2020.The City reserves the right to withhold the final request for disbursement until all required documents have been received by the SCC. 4. Program Performance. 4.1 SCC agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 SCC agrees to provide a Quarterly Provider Data Report and an Annual Executive Summary Report,both of which will be created subsequent to this agreement with input from the SCC. The Provider Data Report shall document the activities completed by contracted third-party Direct Service Providers in support of the CCPD goals. Data shall be reported on a quarterly basis and included in the January, April, July, and October RFD. Additionally, an Annual Executive Summary Report must include descriptions of all realized successes and challenges realized during the contract period. The Annual Executive Summary Report shall be submitted to City no later than the 15th day of October. 4.3 SCC agrees that the monthly Request for Disbursement will be submitted to City no later than the 15th day after the end of each mouth. Should SCC not be able to meet these requirements in a given month,the S CC 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, SCC has not submitted the required reports, City will send a non-compliance letter notifying SCC's duly authorized representative of a possible suspension of program funding. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 4 of 19 4.4 SCC agrees to complete a Corrective Action Plan(CAP) in the event of the SCC having three (3) consecutive months or six (6) non-consecutive months with incomplete,incorrect,or late reports or for SCC's failure to take corrective actions and responding to audit reports by the City. The City, in its sole discretion, will make the decision on whether either of these acts by the SCC have occurred,requiring a CAP. The CAP will contain the identified issue found by the City,how the SCC 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 C. 4.5 A representative of the SCC shall attend quarterly meetings of the Crime Control and Prevention District Board as requested by City. S. Default and Termination. 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Support Funds from the CCPD. All monies distributed to SCC hereunder shall be exclusively from monies received froin the CCPD, and not from any other monies of City. in the event that funds froth the CCPD 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 SCC under or in connection with this Agreement. 5.2 In the event no funds or insufficient fiends are appropriated by the City in any fiscal year for any payments due hereunder, City will notify SCC 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 This Agreement may be terminated by City, in whole or in part, at any time and for any reason upon thirty(30) days written notice of termination. 5.4 Termination will be effected by delivering to SCC a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon SCC's receipt of notice of termination, SCC 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. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FOR"I'woRTN AND SAFE CITY COMMISSION Page 5 of 19 5.5 In the event City suspends or terminates this Agreement, SCC 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, SCC shall return to City any property provided hereunder. City will have no responsibility or liability for SCC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purch sed with Support Funds must meet all eligibility requirements of City. SCC shall main �ain all equipment used in the administration and execution as a Support Service Provider. SCC shall maintain, replace,or repair any item of equipment used in supporting the Direct Service Providers it facilitates 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 One Safe Place FJC or for use under the terms of this Agreement is the sole responsibility of SCC. SCC shall not use Support Funds to repair or replace said equipment. SCC shall use any and all equipment purchased with Support Funds exclusively in support of the One Safe Place FJC and to facilitate and support its Direct Service Providers, Within 10 days following the purchase of equipment, SCC shall submit to City a detailed inventory of all equipment purchased with Support 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 SCC 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 Support 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 SCC under this Agreement. SCC, 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 SCC's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. SCC• shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 7.2 If any audit reveals a questioned practice or expenditure, such questions inust be resolved within fifteen(15)days after notice to SCC by City. If questions are not resolved within thus period,City reserves the rightto withhold further funding under this and/or future agreement(s)with SCC. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 6 of 19 7.3 The SCC agrees to perform an independent third party audit of District funding at its own cost regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. If- a funding recipient is already obtaining a general audit of its financial matters by an 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. 7.4 If, as a result of any audit, it is determined that SCC misused, misapplied, or misappropriated all or any part of the Program Funds,SCC,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. 7.5 SCC'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: 3-5 page annual report outlining successes of programs supported by SCC, annual external audit report, and receipt of all quarterly data reports. 7.6 SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by SCC under this Agreement, and City shall have access at all reasonable hours to offices and records of SCC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. 7.7 Throughout the term of this Agreement and for up to three months after its expiration,the City may periodically request,and the SCC 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 programs) receiving CCPD funding. Requested information will consist solely of aggregated data without any personal identifiers. Further, any information requested will not be used in a way that would violate local, state, or federal statutes, regulations,or policies. If the SCC maintains the information the City is requesting,the SCC shall provide the requested information to the City within 30 days of receipt of the request. If the SCC does not maintain the requested information as of the date it receives the City's request, the SCC 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. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 7 of 19 If necessary, an amendinent may be brought forward to identify additional specific metrics that SCC 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. 9.1 SCC shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. SCC 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 SCC,its officers,members,agents,servants,employees, subcontractors,program participants,licensees,or invitee,and nothing herein shall be construed as creating a partnership or joint enterprise between City and SCC. No federal, state, or local income tax,nor any payroll tax of any kind, shall be withheld or paid by City on behalf of SCC. SCC 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 SCC, 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 unddi°stood and agreed that City does not have the legal right to control the details of the tasks performed hereunder by SCC, 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 SCC, its'off"icers, members, agents, employees, subcontractors, program participants,licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liability and Indemnification. SCC SHALL BELIABLEAND RESPONSIBLE FOR AiVYAND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, ,INCLUDING DEATII, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SCC, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. SCC AGREES TO DEFEND, INDEMNIrY, AND HOLD THE CITY, ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES HARMLESS AGAINST ANYAND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 8 of 19 ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (TNCLUDTNG 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)SCC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SCC, ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIM, 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 APPORTIONED COMPARATIVELY INACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS NOTHING HE, SHALL BE CONSTR UED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS SCC 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 SCC shall be effective without City's prior written approval. 11. 1'rohibition 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 SCC is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the SCC 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. SCC 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 SCC 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 SCC of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of SCC,as an officer,employee,member,or program participant.Any willful violation of this paragraph with the knowledge, expressed or implied, of SCC or its subcontractors, shall render this Agreement voidable by City of Fort Worth. FY20 ONE SAFE PLACE AGREEMENT BETWEEN TI-Ili CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 9 of 19 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, SCC 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 SCC will not unlawfully discriminate against a�y person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will SCC permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 If any claim arises from an alleged violation of this non-discrimination covenant by SCC,its personal representatives,assigns, subcontractors or successors in interest, SCC agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. This section shall survive the termination or expiration of this Agreement. 13. Compliance. 13.1 SCC, 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 SCC in writing any such violation on the part of SCC or any of its officers,members, agents, employees, subcontractors, or program participants, then SCC shall immediately desist from and correct such violation. 13.2 SCC shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreemen� If City calls the attention of SCC in writing to any such violations on the part of SCC or any of its officers, members, agents, employees,program participants, or subcontractors,then SCC shall immediately desist from and correct such violation. 14. Governmental Powers. It is understood that by execution of this Agreement,the' city does not waive or surrender any of its governmental powers. 15. 'Waiver of Immunity. If SCC is a charitable or nonpr?fit 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, SCC hereby expressly waives its rights to plead defensively such immunity or exemption as against City. 'Phis FY20 ONE SAFE PLACE AGREEMENT 13ETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 10 of 19 section shall not be construed to affect a governmental entity's immunities under constitutional, statutory, or common law. 16. Insurance Requirement. 16.1 SCC 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 Iimit, 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. 16.2 SCC'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, 16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement, 16.4 SCC further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect SCC and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16.5 The commercial general liability policy shall name the City as an additional insured thereon, as its interests may appear. 16.6 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 prenuum. 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. 16.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT wownI AND SAFE CITY COMMISSION Page 11 of 19 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 oi'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 counts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17.4 SCC represents that it possesses the legal authority,pursuant to any proper, appropriate,and official motion,resolution, or action passed or taken,to enter into this Agreement and to perform the responsibilities herein required. 17.5 This written instrument including Exhibits A through D, 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. 17.6 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(M)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: CITY: Jesus 1. 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, FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page IZ of 19 505 W. Felix St. Fort Worth,TX 76115 City Attorney's Office AI'TN:Police Contracts 200 Texas Street Fort Worth,TX 76102 SCC: Kan Shetter,President Safe City Commission 201 Main Street, Suite 2 Fort Worth, TX 76104 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 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 17.9 The provisions and conditions of this Agreement are solely for the benefit of City and SCC and are not intended to create any rights, contractual or otherwise,to any other person or entity. 17.10 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. 17.11 Contractor 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,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 CITYAND 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. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 13 of 19 17.12 SCC is 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. SCC will be responsible for conducting criminal background screening and for maintaining appropriate records, which will be subject Jo review by the City. SCC SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SCC, SCC'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. FY20 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 14 of 19 IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort Worth,Tarrant County,Texas,to be effective this 11 day of November ,20 19. APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR SAFE OF FORT WORTH CITY COMMISSION Jesus J.Chapa(Nov 15,2019) r L � Jesus J. Chapa Ken Shetter Assistant City Manager President Date: Date: to �9 API'RO VAL RECOMMENDED �.� APPROVED AS TO FORM AND E wrKrous(Nov5.2019) LEGALITY FOR SAFE CITY Chief Edwin Kraus COMMISSION Chief of Police Date: SCC Attorney APPROVED AS TO FORM AND Date: LEGALITY FOR CITY OF FORT WORThI 7�to�laf�`ah�2h Thomas Hansen JNuv 15,20191 Thomas R. 1-lansen Assistant City Attorney Date: Form 1295 Certification No: 2019-517224 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring ATTEST and administration of this contract, including Itl -7 G,J�r ensuring all performance and reporting MaryJ.teaysir(Nov 18, 19) requirements. Mary J. Kayser City Secretary Ke1-ffi Morris Keith Morris(Nov 5,2019) Date: Name: Keith Morris Title: Contract Compliance Specialist M&C No. 19.0192 PY20 ONE SAFE PLACE IagS=�D1 q'S17�a� AGREEMENT BETWEEN'IRE CITY OF FORT WORTH[ EFT. WO__j C AND SAFE Cl'I'Y COMMISSION CR� RTH, EXH1131T A;SCOPE OF WORK AGENCY:SnfeCityCommisslon PROGRAN•I'ITI'LE:FuntilyJusticeCenter DIRECTOR;Ken Sheller PIIONE NUMBER:817-885-7774 PIIY SICAI,ADDRESS: 1100 Hemphill Street Fort Worlh Teus 76104 CONTACTPERSOtN:Michelle Nlorgnn 1sr11AIL ADDRL5S;nett urgnn(r?onesnfcplace.org PHONE N'IJMIIIPR:817-502.7122 FAX N'UNWER:817-877-5923 PROGRAM PURPOSE STA"17:11IENT: The purpose of the Family Justice Center is to bring a multi-Agency notivorh of ageo'les,under one ruof,di-Acaled In providing coordinated services to victims ofdoroestic violence and lhelr children. GFOGRAPHICAT,AREA AND COUNCIL DISTRICT SERVED:Please mark all that apply. 04,Wide)All Council Dimriets 0 S tecirm zi►Codu(s Council Dishiot 2 CQPnoil District 6 Council District.1 Council District 7 Council District 4 0 Council Di.4tricl8 Couneil District S Council District 9 AGI::N(.'.Y STATUS: ❑Rogistered N•ivato Nonprofit \❑Registered Publie Nonprofit Mark the npplieable CCPD Partnefs with a Shared Mimlon Now-amming Focus Am.L: ❑ Aflcr Sobool Progrnttt ❑ Safi:Ilsvcn Youth I'm8ram ❑ Conlin'Up Gang x Family dusticoContcr ❑ Crime Wevention Agency Parluoixhip \dark the CCPD aoal(s)ihat yonr program narrative addresses: X Support ctloris to reduce violottl crimo And gang-winloi nctivitiC3 through enhanced ettrorecntant netivities mtd crime prevention programs Support o otts to inct•ease tho snfcly of residertls and to decrease clinic throughout Fort Worth neighborhoods; ❑ Support dlolls to utercase tho safety of youth and reduce juvenile criutc tlu•ougil Crime provontion and intervention programs. Providor Typo ❑ Dimcl Survico Provider Support Service Provider FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FOWI'WORTH AND SAFE CITY COMMISSION -EXHIBIT A Page 16 of 19 Requirnmems Ille Scope of Mork fora Support Service Provider is limited to the Administrative and FnCilily bevel Its provided to Dinecl Sorvice Providers tlrtt comply with the mission ol'the Crime Control and Prevention District. Rt•ouhcment ai:CC!'D liuuling provided to the organization may not reprosant more thtm thirty percent(30%) of the Support Service Provider's documented total annual revenues, Compliance:Ilrc providor must rtisa and sport sulTioionl rovenue on(lie E'Xhlbit B:Request for Deimbilmunlent to receive monthly reinibutsemends. Itelmllwsement Nvill be,cldeultged bused on tha following equation(Todd\•lonlh-End Revenue 1,.7—Total\Month-Fslid Rcvenuc) ]requirement 42:Provide administrative and facility services to the Foil Worth Police Dapallment and to at least four othor,third-party eulilies or programs(hat provide crime control rind prevention refuted services directly to members of the public. Agreements nmsi Include: (i) Description of the Service,;provided Ili,tile entities and programs that adequately relates it)and aligns wUh the District's mission, (ii) Description tlenlenstrnting tldeduttte support pravidcd to the entity or progrtuns by iho Support , Sel'vicos Provider, (M) Requirements regarding maintenance and reporting of Ser vice Data,and (iv) A reasonable dispute resolution bchveen Iho parties so lhul the Board Ims adequate nssurnnce the parties helve raocurgo:1gnitlSt Ctla11 other in the evv'rit questiont of issues arise regrird'rng wo of District fields, Compliance;Submit for FWPD slall'review,signed agrventems with each third-party cnlity or propun by Dccamber 311,2019. Renuirement 1113:ltcport on a quarterly basis file roquire each entity anti program it supports to,tut a 111nLmtnll, (i)maintain records of the elitity or program's Servicc Data;and(rr)submit monthly;quarterly,and annual Service Daln reports to the Support Service Provider. 'file Support Service Provider shall fllrnish City slafTwifh roporis al a quaterly and tmnual basis dial reflocl both individual and aggragoted Service 1)tua for itself turd sill of the ngencles and programs file Support Service Provider is sapporling. StalT%vlll provide quarterly reports to the I3oord regarding die Service Dun for all Support Service Providers and the programs rind agencies that each one supports. Collm)liunce: 1. Comp(etc it description of reportable data and submit with third-party agreements(mentioned above)by I)ccember31",2019 2. Submit quarterly data oil Jnnmry 1511',2020;April 151",2020;July 15"',2020;October 15,2020 Renulrement#d:Provide an Annual Esceulive Sunullary Report describing the successes rind challenges esperienco during the contract period, Compliance: Provide it 3-5 pago Aruumi Escculive Summary Report by October 15111,2020 for approval by staff, Final drall should be rinulized rihend of the CCPD November meeting, FY19 ONE, SAFE PLACE AGREEMENT BETWBEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT A Page 17 of 19 FORTWORTH, Request fw1)hbwstzusnV(Rl:'D) IIY7020 AND VARYWM0.4 IRS"= Subndtdng AgaLcy: SubinitTut Dolinol4n,publio safety Complex ContuctKusna., ARn:Alma lbarra PhoneXamber Anxtiqlal X18814mcntDivislon. Ernalk. $05 West Felix St F*t1'%Vw(h,1X76115 Month ofRquvst:- P---C.4.q Tkh H-A TWAI.ah" Ifluno # ID= S 41.16 lye 1, W11y Fees S:'.-:---'.:. Federated Foods Res for (3-mmmlGrad. ladividud D-6n, merchawise3d" Told, 42.04 7N.P.Tc,r'.S 42,01 TownquipledThMme 4 35.71 ltisattinlnjrftds S 2svpuw 1hove revfrwed this request mid cerfo trot IN informotion on flarjorm is(nee i i At beat of&V bw&lodv. 04. XUAID Aearaf prael Berme D& FY19 ONE SALE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -RXI-IIBI'l*B Page IS of 19 6IF q 0210d a amRX4- R 3gUAMoa ALJO aad cI\LV x#o«11IOA 30 AID Ma MHaMI99 lW4wp'dD V 9aV'ldJUVSU&OIAA ] \ 0 . . f i § J u $ _£ / I / 0 k e \ Q / � ] / ) ) � \ B 0 § � 7 / § \ � W � Wjf w e = oa ) ; Jam $ ) } § \� k 8 \Q f )4 1 0 . 2 \ } 0 j - / § , e FY20 FJC - Safe City Commission Final Audit Report 2019-11-15 Created: 2019-11-05 By: Tracy Long(Tracy.Long@fortworthtexas.gov) Status: Canceled/Declined Transaction ID: CBJCHBCAABAAHsgijgGi2lYclNYhw7jJLrxaydFoudmn TY20 FJC - Safe City Commission" History 5 Document created by Tracy Long (Tracy.Long@fortworthtexas.gov) 2019-11-05-2:07:05 PM GMT-IP address:209.194.29.100 04 Document emailed to Christianne Simmons (Christianne.Kellett@fortworthtexas.gov)for approval 2019-11-05-2:09:46 PM GMT Email viewed by Christianne Simmons(Christianne.Kellett@fortworth texas.gov) 2019-11-05-2:56:14 PM GMT-IP address:209,194.29.100 da Document approved by Christianne Simmons (Christianne.Kellett@fortworthtexas.gov) Approval Date:2019-11-05-2:56:23 PM GMT-Time Source:server-IP address:209.194,29.100 `'�► Document emailed to Julie Swearingin Qulie.swearingin@fortworthtexas.gov)for approval 2019-11-05-2:56:25 PM GMT Email viewed by Julie Swearingin Qulie.swearingin@fortworthtexas.gov) 2019-11-05-3:09:54 PM GMT-IP address:107.77.201.173 6a Document approved by Julie Swearingin (Julie.swearingin@fortworthtexas.gov) Approval Date:2019-11-05-7:44:01 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Keith Morris (keith.morris@fortworthtexas.gov)for signature 2019-11-05-7:44:04 PM GMT Email viewed by Keith Morris(keith.morris@fortworthtexas.gov) 2019-11-05-7:51:42 PM GMT-IP address:209.194.29.100 dd Document e-signed by Keith Morris (keith.morris@fortworthtexas.gov) Signature Date:2019-11-05-7:52:41 PM GMT-Time Source:server-IP address:209.194.29.100 EI�4 Document emailed to Edwin Kraus (edwin.kraus@fortworthtexas.gov)for signature 2019-11-05-7:52:43 PM GMT FoRTWORTH. I POWEREDbY Adobe Sig, Email viewed by Edwin Kraus (edwin.kraus@fortworthtexas.gov) 2019-11-05-7:53:25 PM GMT-IP address:209.194.29.100 d© Document e-signed by Edwin Kraus(edwin.kraus@fortworthtexas.gov) Signature Date:2019-11-05-7:53:45 PM GMT-Time Source:server-IP address:209.194.29.100 �'► Document emailed to Thomas Hansen (thomas.hansen@fortworthtexas.gov)for signature 2019-11-05-7:53:47 PM GMT Email viewed by Thomas Hansen (thomas.hansen@fortworthtexas.gov) 2019-11-15-3:29:18 PM GMT-IP address:209.194.29.100 �S© Document e-signed by Thomas Hansen (thomas.hansen@fortworthtexas.gov) Signature Date:2019-11A5-3:29:30 PM GMT-Time Source:server-IP address:209.194.29.100 Pw Document emailed to Jesus J. Chapa Oesus.chapa@fortworthtexas.gov)for signature 2019-11-15-3:29:32 PM GMT ,n Email viewed by Jesus J. Chapa Oesus.chapa@fortworthtexas.gov) 2019-11-15-4:46:00 PM GMT-IP address:209.194.29.100 6© Document e-signed by Jesus J. Chapa aesus.chapa@fortworthtexas.gov) Signature Date:2019-11-15-5:15:53 PM GMT-Time Source:server-IP address:107.77A96.94 4 Document emailed to Allison Tidwell (allison.tidwell@fortworthtexas.gov)for approval 2019-11-15-5:15:55 PM GMT Email viewed by Allison Tidwell (allison.tidwell@fortworthtexas.gov) 2019-11-15-5:16:11 PM GMT-IP address:209.194.29.100 do Document approved by Allison Tidwell(allison.tidwell@fortworthtexas,.gov) Approval Date:2019-11-15-5:17:48 PM GMT-Time Source:server-IP address:209.194.29.100 24 Document emailed to Mary Kayser(Mary.Kayser@fortworthtexas.gov)for signature 2019-11-15-5:17:50 PM GMT Email viewed by Mary Kayser(Mary.Kayser@fortworthtexas.gov) 2019-11-15-5:25:07 PM GMT-IP address:209.194.29,100 a Document declined by Mary Kayser(Mary.Kayser@fortworthtexas.gov) 2019-11-15-5:33:07 PM GMT-IP address:209.194.29.100 FORTWORTH, I Adobe Sigi City of Fort Worth, Texas Mayor and Council Communication DATE: 09/24/19 M&C FILE NUMBER: M&C 19-0192 LOG NAME: 35SAFE CITY COMMISSION SUPPORT PROVIDER PROGRAM FY20 SUBJECT Authorize Execution of Agreement with Safe City Commission in the Amount of$300,000.00 to Operate One Safe Place as a Regional Family Justice Center in Tarrant County During Fiscal Year 2020(CCPD Funded)(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Safe City Commission in the amount of$300,000.00 to operate One Safe Place as a Regional Family Justice Center in Tarrant County during Fiscal Year 2020. DISCUSSION: One Safe Place,a Regional Family Justice Center, brings together a multi-agency task force dedicated to providing coordinated services to victims of domestic violence and sexual assault in Tarrant County.Victims of domestic violence receive coordinated medical,legal,and counseling services and have access to on-site professionals.The on-site professionals include child protective services, law enforcement personnel, prosecutors,and victim advocate specialists.The increased access to professional services at one centralized location encourages victims of domestic violence to report the abuse,provides victims with access to necessary services,and creates an opportunity to break the cycle of violence. The City of Fort Worth worked closely with Safe City Commission(SCC)to develop the vision of One Safe Place. Under the terms of the Agreement,SCC will be disbursed during Fiscal Year 2020 an amount up to$300,000.00 to cover administration and facilities expenses as a Support Service Provider under the terms of the CCPD Financial Policy. SCC will provide this support to the Fort Worth Police Department and four third party CCPD mission eligible direct service providers. This Agreement will be effective October 1,2019,and will end on September 30,2020. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that,contingent upon adoption of the Fiscal Year 2020 Budget by City Council,funds will be available in the Fiscal Year 2020 Budget of the Crime Control and Prevention District Fund.The Police Department is responsible for verifying the availability of funds prior to an expenditure being made. Submitted for City Manager's Office by: Jay Chapa 5804 Originating Business Unit Head: Ed Kraus 4231 Additional Information Contact: Keith Morris 4243