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HomeMy WebLinkAboutContract 43845 (2)STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § CITY SECRETARY L CONTRACTNO• u3 3 r� SERVICES AGREEMENT WITH ALLIANCE FOR CHILDREN, INC. THIS Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Charles W. Daniels, its duly authorized Assistant City Manager, and the Alliance for Children, Inc., ("AFC") acting by and through Nancy Hagan, its duly authorized Executive Director. RECITALS WHEREAS, the City has determined that the AFC provides services in coordinating area agencies' activities against child abuse in the City; WHEREAS, the 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 center director's salary and through public education about child abuse, recruitment of volunteers, and emergency support for children; WHEREAS, the City desires to enter into a contract with the AFC to provide such services for the public purpose of combating child abuse; and WHEREAS, the City, as consideration for the performance of the AFC child abuse program, has appropriated monies in the Department's General Fund Budget in the amount of $64,000.00 ("Program Funds") to provide to AFC for the operation of the child abuse program; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 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" — AFC Performance Measures, attached, and incorporated herein for all purposes incident to this Agreement. AFC shall be responsible for day-to-day administration of the Child Abuse Program. AFC agrees to expend the Program Funds in accordance with its Child Abuse Program budget, described in Exhibit "B," also attached and incorporated here for all purposes incident to this agreement. Services Agreement with Alliance For Children, Inc. FY 13 .15 IV vnctAt RECORD LTY SEGRETA[t'► Et vsotTh,tX 1 2. Program Funds 2.1 In no event shall the total distributions of Program Funds from City made to the AFC during the term of this Agreement exceed the total sum of $64,000.00. All of AFC's expenditures under this Agreement must be completed prior to September 30, 2013. 2.2 Payment of the Program Funds from City to AFC shall be made on a quarterly reimbursement basis following receipt by City from AFC of a signed and acceptable invoice. Copies of all receipts for expenditures will be maintained by AFC and be made available to City upon request and during any City audit of AFC's financial and procurement records AFC shall deliver to City a written detailed Program Narrative as described in Section 4.2 below with each invoice to support expenditure of Program Funds Such narrative shall be signed by the AFT or duly authorized officer of the AFC. The quarterly report shall be submitted to City no later than the 15 h day following the end of each quartet. Submittal of a quarterly invoice and Program Narrative is required even if no relevant services are provided. When services are not provided during a quarter, a Program Narrative indicating services were not provided is required. AFC shall submit a quarterly RFR with an original signature by an authorized representative to the Contracts and Grants Division of the Fort Worth Police Department, ATTENTION: Aya Ealy 350 W. Belknap, Fort Worth, Texas, 76102. Reimbursements will not be made until after receipt by the City of an acceptable and approved RFR and a quarterly programmatic report from the AFC. Reimbursements shall be made within 30 days of receipt of said documents. 2.3 AFC is authorized to adjust any categories in the budget in an amount not to exceed 5% of the value of those particular categories without prior approval of City, as long as the change does not cause the total budget to exceed the amount of the Program Funds; however, AFC must notify City in writing of any such adjustments. Any adjustment of more than 5% of any category requires written permission from City prior to any budget adjustment being made. Any program income earned directly as a result of the program must be reported quarterly and may be expended on the child abuse program with written permission from the Contract Administrator (see paragraph 13.3). Budget adjustments shall be submitted to the Contracts and Grants Management Division of the Fort Worth Police Department, ATTENTION: Aya Ealy, 350 W. Belknap, Fort Worth, Texas, 76102. 3. Term The teuHi of this Agreement is for a period beginning on October 1, 2012, and ending on September 30, 2013. All of AFC's expenditures under this Agreement must be completed prior to September 30, 2013. Services Agreement with Alliance For Children, Inc. FY 13 2 4. Program Performance 4.1 AFC agrees to maintain complete and accurate 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 Performance Narrative to document the performance of the work described in Exhibit "A." The Performance Narrative 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. Additionally, the Project Narrative must include any successes realized in descriptive detail. The monthly Performance Narrative shall be submitted to City no later than the 15th day after the end of each month 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, and not from any other monies of City. In the event that funds from the General Fund are not timely received, in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services perfoiined by AFC under or in connection with this Agreement 5.2 If for any reason at any time during any teini of this Agreement, City Council of City fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement; termination to be effective on the later of (i) thirty (30) days following delivery by City to AFC of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement 5.3 This Agreement may be terminated by City, in whole or in part, whenever such termination is determined by City to be in the best interest of City in the event of default or inability to perform or to comply with the terms herein on the part of AFC, or for other good cause. 5.4 Termination will be effected by delivering to AFC a notice of termination, specifying the portion(s) 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 execute any 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 Services Agreement with Alliance For Children, Inc FY 13 3 (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.5 Within thirty (30) days following the date of termination of this Agreement, AFC shall return to City any property provided hereunder or as so directed by the Contract Administrator (see paragraph 13.3). City will have no responsibility or liability for AFC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Administrative Requirements 6.1 AFC agrees to keep detailed and accurate 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 or until the completion of any audit, whichever is later. 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. 6.2 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. 6.3 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. 6.4 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 Performance Narrative, making final payments, disposing of the AFC Program assets as appropriate and as directed by City's Contract Administrator (see paragraph 12.3.). 6 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 the AFC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Services Agreement with Alliance For Children, Inc FY 13 4 7. Independent Contractor 7.1 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. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the 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 perfonllned hereunder by AFC, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. 7.2 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. 8. Indemnification 8.1 AFC covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution perfonlnance, attempted performance or nonperformance of this agreement and/or the operations, activities and services of the program described herein WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES of, AFC OR SUBCONTRACTORS OR EMPLOYEES OF CITY and AFC hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations activities and services of the programs described herein, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS AGENTS, SERVANTS, EMPLOYEES OF, AFCS OR SUBCONTRACTORS OR EMPLOYEES OF CITY. AFC likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of AFC, its officers, members agents, employees, subcontractors, invitees, licensees, or program participants, WHETHER OR NOT CAUSED, IN WHOLE OR IN Services Agreement with Alliance For Children, Inc FY 13 5 PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AFCS OR SUBCONTRACTORS OF CITY. 8.2 AFC agrees to and shall release City, its agents, employees, officers and legal representatives from all liability for injury, death, damage or loss to persons or property sustained in connection with or incidental to performance under this agreement, even if the injury, death, damage or loss is caused by City's sole or concurrent negligence 8.3 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. 9. Non -Assignment No assignment or delegation of duties under this Agreement by AFC shall be effective without City's prior written approval. 10. Prohibition A!ainst Interest 10.1 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 Program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the AFC Program during their 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. 10.2 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. 11. Nondiscrimination 11.1 In accordance with 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, or statutory requirement. 11.2 AFC will not unlawfully discriminate against any person or persons because of age, race, religion, age, disability, color, national origin, or familial status, nor will AFC Services Agreement with Alliance For Children, Inc FY 13 6 peiniit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. 12. Compliance 12.1 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 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. 12.2 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 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. 12.3 City designates Aya Ealy, Contract Services Administrator 817-392 5406, to act as Contract Administrator and delegates to this individual authority for Agreement administration, comphance, and monitoring. 13. 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. 14. Insurance Requirement 14.1 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. 14.2 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 tetras of financial strength and solvency to the satisfaction of the City's Risk Manager. Services Agreement with Alliance For Children, Inc. FY 13 7 14.3 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. 14.4 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 15. Miscellaneous Provisions 15.1 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. 15.2 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. 15.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-perfoituance of this Agreement, venue for said action shall he in Tarrant County, Texas. 15.4 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. 15.5 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 approved by each party. 15.6 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 written notice to the sending party. Services Agreement with Alliance For Children, Inc. FY 13 8 1. CITY: Charles W. Daniels, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Aya Ealy Contract Administrator Fort Worth Police Department 350 W. Belknap Street Fort Worth, TX 76102 2. AFC* Nancy Hagan, Executive Director 908 Southland Avenue Fort Worth, TX 76104-3911 (817) 335-7172 (817) 348-1114 15.7 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. 15.8 AFC certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue Service. AFC shall notify City in writing of any changes to its 501(c)(3) tax- exempt status during the term of this Agreement. 15.9 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 15.10 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Services Agreement with Alliance For Children, Inc FY 13 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to govern the responsibilities of the parties as set forth herein as of October 1, 2012, regardless of the actual date of execution. CITY OF FORT WORTH V"..z.,Y9r,entala Charles W. Daniels Assistant City Manager effey W. Halstead Chief of Police fAirfle APPROVED AS TO FORM AND LEGALITY: Jessica vang Assistant j jty Attorney ATTEST: Authorization: Contract No. M&C: LTh 0 Si ALLIANCE FOR CHILDREN, INC. Nancy Executi Are "44* ,c#4, .0000000ow Services Agreement with Alliance For Children, Inc. FY 13 OF HHCI.EAL RECOr 2 MTV 1CR4'l 1 JY `1" "EXHIBIT A" Alliance for Children Inc. Performance Measures 1. Facilitate 20 multidisciplinary case staffing meetings attended by Child Protective Services investigators, Fort Worth Police Department detectives, assistant district attorneys, medical staff from Cook Children's Hospital and Alliance For Children staff to determine whether the needs of children and families involved in 300 cases requiring review are being addressed by the child protection team. 2. Ensure 600 families involved in child abuse investigations at the Fort Worth Alliance For Children center receive Family Assistance Guides when they arrive for a first time visit to educate them on the investigation process, the child forensic interview, child abuse dynamics, the healing services provided by Alliance For Children and other community resources. 3. Educate 7,000 individuals on issues regarding child abuse through presentations, counseling and literature. Services Agreement with Alliance For Children, Inc. FY 13 11 "EXHIBIT B" Alliance for Children, Inc. Program Budget EXPENSE AMOUNT TOTAL Salary $41,000.00 Employee Insurance $374.64 Federal Tax $5,518.80 Medicare $594.48 Social Security $2,542.08 Total Center Coordinator Salary $50,030.00 Fort Worth Center Utility Expenses $13,970.00 TOTAL EXPENSES $64,000.00 Services Agreement with Alliance For Children, Inc FY 13 12 M&C Review Page 1 of 1 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTII COUNCIL ACTION: Approved on 10/9/2012 DATE: 10/9/2012 REFERENCE **C-25903 LOG NAME: 35ALLIANCEFORCHILDRENI3 NO.: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Alliance for Children in the Amount Not to Exceed $64,000.00 to Assist with the Funding of Child Abuse Prevention Programs in the City of Fort Worth (ALL COUNCIL DISTRICTS) 11=1flitl RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Alliance for Children in the amount not to exceed $64,000.00 in order to assist with the funding of Child Abuse Prevention Programs. DISCUSSION: Alliance for Children provides coordination efforts for agencies investigating child abuse in order to lessen the emotional trauma to child abuse victims and to improve the justice system's response to child abuse. By uniting efforts between public agencies and enlisting community support, Alliance for Children will use these funds to provide public education about child abuse, recruit volunteers and provide children with emergency support. The budgeted amount will be applied toward operating expenses and to support the Center Coordinator's salary. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GGOI 539120 0356115 $64.000.00 Submitted for City Manager's Office bv: Charles W. Daniels (6199) Oriainatinq Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17517&councildate=10/9/2012 10/15/2012