HomeMy WebLinkAboutContract 57709 CSC No. 57709
ACCREDITATION AGREEMENT
This Agreement is entered into between city of Fort worth
("the Agency")with principal offices located at 200 Texas St
Fort Worth Texas 76102 and the American Public Works Association
("APWA"), an Illinois nonprofit corporation exempt from federal income taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code with principal offices located at 1200 Main
Street, Suite 1400,Kansas City,Missouri 64105.
APWA is an international educational and professional association of public agencies,
private sector companies, and individuals dedicated to providing high quality public works goods
and services. APWA has created the Accreditation Council ("the Council") to recognize public
works agencies in having policies and practices addressing subject areas as set forth in the Public
Works Management Practices Manual(the"Manual").
The Agency is responsible for directly or indirectly administering,managing or providing
public works related services in 12 functional areas, more fully described on the Agency's
Application for Accreditation, which is hereby incorporated into this Agreement. The Agency
desires that APWA assess the Agency's practices for the Council to determine if the Agency is
eligible for designation as accredited in accordance with the terms of this Agreement.
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The parties, intending to be legally bound,agree as follows:
1. AGENCY RESPONSIBILITIES: The Agency shall:
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1.1 Provide all information, including all documents, files, records, and other data as
required by APWA except to the extent that the disclosure of such information is restricted by law
(in which case,the Agency shall notify APWA that such information has been withheld);
1.2 Conduct a self-assessment as to compliance with recommended practices,
including, without limitation, the practices set forth in the Manual ("Recommended Practices"),
and provide full and accurate results thereof to APWA using software developed and approved by
APWA;
1.3 Provide one or more persons to assist APWA's representatives ("Evaluators") in
making the necessary inquiries and assessments of Agency information relative to compliance with
the Recommended Practices;provide access to files and records and necessary facilities requested
by the Evaluators during their inquiries; and
1.4 Respond to all communications from APWA promptly, but in no event later than
ten(10)business days from the receipt thereof.
2. APWA RESPONSIBILITIES: APWA shall:
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2.1 Provide necessary documentation, forms, and instructions regarding the
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accreditation process;
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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2.2 Provide Evaluators for the put-pose of conducting an evaluation of the Agency's
responses to the practices contained in the Manual;
2.3 Promptly analyze compliance data and advise the Agency of the results of the
evaluation and the need for additional information, if any; i
2.4 If the Agency is accredited, (a)provide an award,and(b)make available indicia of
accreditation;
2.5 If the Agency is not accredited following an evaluation of its policies and practices,
provide the Agency with reasons for the decision; and
2.6 Upon payment of the Agency of a $1,000 appeal fee (which must be paid within sixty
(60) days of notice by APWA of the reasons for the decision not to accredit the Agency), allow the
Agency to appeal the decision of the Council (which fee shall be refunded if the Agency prevails
on the appeal).
3. TERM:
3.1 This Agreement shall become effective when it has been signed by an authorized
representative of each of the parties (the"Effective Date").
3.2 This Agreement shall terminate;
(a) Upon execution of a Re-Accreditation Agreement between the Agency and APWA; or
(b) Either (i) thirty-six (36) months following the Effective Date of this Agreement or
(ii) the expiration of any extension to the thirty-six (36) month period granted
pursuant to Section 5.3 hereof, unless a successful evaluation is completed prior to
such date; or
(c) Upon written notice by the Agency that it withdraws from the accreditation process; or
(d) Upon termination pursuant to Section 5.2 hereof; or
(e) Upon expiration or revocation of the Agency's accredited status.
3.3 Any accreditation granted to the Agency shall have a term of four (4) years from the
date of issuance. If the Agency has not executed a Re-Accreditation Agreement (and paid the fees
required thereby) and scheduled the re-accreditation evaluation before the expiration of such four
(4) year term, the accreditation shall lapse at the expiration of the four (4) year term and the
Agency shall not thereafter hold itself out as being accredited by APWA. The evaluation may occur
up to six (6) months prior to or following the accreditation expiration date without penalty upon
agreement of both parties. The expiration date of the accreditation shall retnain the same regardless
of when the evaluation is conducted.
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4. MODIFICATION: There shall be no modifications of this Agreement except in writing,
signed by both parties,and executed with the same formalities as this document.
5. TIME AND MANNER OF PAYMENTS: 1
5.1 The Agency may elect one of two options (lump sum or installment) for payment
of the accreditation fee, which is not refundable. The Agency agrees to one of the following
options by completing either subsection (a)or(b) below:
O(a)Lump Sum Option
The Agency will remit to APWA a single payment in the lump-sum amount for processing
of the accreditation of $10,075.00,upon the execution of this Agreement by the Agency.
The total amount of$10,075.00 is herein remitted to APWA (payable by check to the
order of American Public Wo s Association)via eel or urchas
Order No. �KrG�,�2 �r J fiu �e �,rvv�e� a--�C,/ A
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®(b)Installment Option
The Agency will remit to APWA a total payment of $ 10,075.00 for processing of the
accreditation. The first installment of $5,037.50 (50% of total fee) is due at the signing
of this Agreement by the Agency. The second installment of$5,037.50 (remaining 50% j
of fee) is payable at the end of the eighteenth (18"') month from the effective date of this
Agreement or at the time of submission of the completed self-assessment and request for
the evaluation,whichever occurs first.
The first installment of $5,037.50 is herein remitted to APWA(payable by check to the
order of American Public Works Association)via check number or
Purchase Order No.
5.2 APWA will invoice the Agency for travel costs for the evaluation, including lodging,
meals and transportation in accordance with the Staff Travel Reimbursement Policy and
Volunteer Travel Reimbursement Policy. An itemized invoice will be delivered to the Agency
within sixty (60) days of completion of the evaluation. APWA reserves the right to terminate
this Agreement if such payment is delinquent by more than sixty (60) days, and APWA shall not
be obligated to refund any fees previously paid.
5.3 The Agency may request and extension of the evaluation by submitting the
applicable form and paying a fee as follows:
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a) For initial applicants, if the Agency requires more than thirty-six(36)months to complete
a successful evaluation, the Agency may request a twelve (12) month extension to this j
Agreement. If the extension is granted, the Agency agrees to pay a nonrefundable
extension fee amounting to twenty-five percent(25%)of the accreditation fee then in effect
for that additional period. The Agency may continue to request an additional extension
every twelve (12) months thereafter, and agrees to pay the additional twenty-five percent
(25%)extension fee,until a successful evaluation has been achieved or this Agreement has
been terminated in accordance with Section 3.2 hereof. If approved for an extension,the
Agency must move to the current or most immediate previous edition of the Manual if such
is not already in use. No additional fee will be levied where APWA is the cause of the
inability to complete the evaluation within the thirty-six(36)month period(e.g., if APWA
were to cancel a scheduled evaluation or if APWA were to be unable to schedule the
evaluation on any of several dates reasonably proposed by the Agency).
b) For currently accredited agencies, if the Agency requires more than six(6)months beyond
their accreditation expiration date to complete a successful evaluation the Agency may
request a twelve (12) month extension to this agreement. If the extension is granted, the
Agency agrees to pay a non-refundable extension fee amounting to twenty-five percent
(25%) of the accreditation fee then in effect for that additional period. No such additional
fee will be levied where APWA is the cause of the inability to complete the evaluation
within the twelve (12) month period (e.g., if APWA were to cancel a scheduled
evaluation or if APWA were to be unable to schedule the evaluation on any of several
dates reasonably proposed by the Agency).If approved for a twelve (12) month extension
the expiration date of the accreditation shall be extended twelve(12)months from original
accreditation expiration date. Only one twelve(12)month extension may be requested.
5.4 If the Agency's initial evaluation is not successful (i.e.,work after the evaluation
is required to achieve minimum compliance for accreditation),and the volume of review necessary
for completion would require an additional evaluation(s),the Agency shall reimburse APWA for
costs for the subsequent evaluation per the terms of Section 5.2. Additional evaluation(s) must
be completed within six(6)months.
6. CONFIDENTIALITY:
6.1 APWA shall receive and hold confidential any and all nonpublic: (i)reports,files,
records and other data obtained from the Agency pursuant to this Agreement and (ii) materials
developed by APWA in the furtherance of its responsibilities under this Agreement("Confidential
Information"). APWA shall use reasonable commercial efforts substantially similar to the efforts
APWA uses to protect its own confidential information to prevent the disclosure, distribution, or
release of the Confidential Information to any person or organization, except authorized Agency
officials, employees or agents, or upon order of any court, state or federal. Notwithstanding
anything in this Agreement to the contrary including the above,APWA is specifically authorized,
but not required, in the exercise of its sole discretion, to conduct a meeting open to the public
regarding the Agency's candidacy for accreditation or its continued compliance with applicable
standards, including but not limited to all factual matters relating to the assessment,appraisal, and
determination of accreditation and all comments which form a basis for the opinion either in favor
of or against accreditation,unless specifically notified by the Agency in writing to the contrary, in
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which case such meeting shall be closed to the public. Nothing herein shall be construed to require
APWA to conduct all or part of its meeting in public, including but not limited to the right of
APWA, in the exercise of its sole discretion,to terminate a meeting open to the public at any time
and conclude such meeting in a session closed to the public.
6.2 In response to inquiries concerning the accreditation status of the Agency,APWA's
reply shall be limited to identifying the Agency's then current status. All other requests for
information will be directed to the Agency.
7. NEWS RELEASES: Notwithstanding any provision of this Agreement to the contrary,
7.1 APWA shall have the right to identify the Agency in news releases and its publicity
program after the Agency's evaluation has been scheduled, to identify the Agency as seeking
accreditation.
8. APWA AS AN INDEPENDENT CONTRACTOR: For all purposes under this
Agreement,the parties are independent contractors as to one another and neither shall be deemed
to be an employee, agent, franchise, partner, or legal representative of the other. Except as
specifically set forth herein,neither party shall have any authority to create or assure any obligation
on behalf of the other. Each party shall pay and discharge any and all obligations it may incur to
federal, state,or local governments for estimated income taxes, Social Security contributions,and a
the like. i
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9. INTEGRATION: This instrument embodies the whole Agreement of the parties. The i
parties warrant that there are no promises, terms, conditions, or obligations other than those
contained herein. This Agreement shall supersede all previous communications,representations,
or agreements, either verbal or written, between the parties hereto relating to the subject matter
hereof.
10. SEVERA.BILITY: If any provisions of this Agreement or the application of such
provision to any person or circumstance shall be held invalid,the remainder of this Agreement and
the application of such provisions to persons or circumstances other than those to which is held
invalid shall not be affected hereby.
11. CHOICE OF LAW; JURISDICTION AND VENUE: This Agreement and the rights
of the parties hereunder shall be governed by and interpreted in accordance with the law of the
State where the principal office of the Agency is located. Any arbitration or action to interpret or
enforce any right or obligation hereunder shall be brought in the state or federal courts sitting in
the j urisdiction encompassing Agency's principal office and the parties irrevocably consent hereby
to jurisdiction and venue in any such court.
12. WARRANTY NOT INTENDED OR IMPLIED: It is understood that the award of
accreditation represents that only that APWA and/or the Council has determined,based in part on
information supplied by the Agency, that the Agency has policies and practices addressing the
Recommended Practices, but neither APWA nor the Council is making any representations that
such policies or practices are adequate or appropriate for the Agency. The Agency is solely
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responsible for determining whether its policies and practices are adequate and appropriate and the
award of accreditation is not a substitute for the Agency's ongoing and in-depth monitoring and
evaluation of its activities and the quality of its services. The Agency shall not make any oral or
written disclosure, comment or announcement which conflicts with the provisions of this Section
12. Any oral or written statement by Agency regarding its accreditation status shall comply with
any requirements made known to Agency from time to time.
13. WAIVER: Any waiver by APWA of any breach of this Agreement by the Agency shall
relate only to that particular breach and shall not amount to a general waiver.
14. NOTICE: Any notice between the parties shall be in writing, postage prepaid, to the
addresses as specified in the preamble of this Agreement or to such other address as either party
may specify in writing in accordance with this section.
15. HEADINGS: The heading of this Agreement shall not be deemed part of it and shall not
in any way effect its construction.
16. ESTABLISHMENT OF RECOMMENDED PRACTICES: The Agency and APWA
agree that the Manual shall be the basis for the self-assessment conducted by the Agency and the
evaluation conducted by APWA. The Agency's self-assessment, and APWA's subsequent
evaluation,shall both be based upon the edition of the Manual selected per the requirements of the
Accreditation Process Guide.
17. ASSIGNMENT: The Agency shall not assign any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of APWA.
18. DISPUTE RESOLUTION: Any dispute or claim arising out of or related to this
Agreement, or the interpretation, making, performance, breach, validity, or termination thereof,
shall be settled by binding arbitration before a single arbitrator in accordance with the Commercial
Arbitration Rules of American Arbitration Association ("Rules"),with judgment upon the award
rendered by the arbitrator to be entered in any court of competent jurisdiction. The arbitrator shall
be selected according to the Rules. The arbitrator may award to the prevailing party, if any, as
determined by the arbitrator, all of its costs, expenses and fees, including, without limitation,
administrative fees, arbitrator fees, travel expenses, out-of-pocket expenses (including, without
limitation,such expenses as copying,telephone,facsimile,postage,and courier fees),witness fees,
and reasonable and actual attorneys'fees.The arbitration shall be conducted in the venue identified
in Section 11 above.
[Remainder of Page Intentionally left blank; signature page to folloi-v,J
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IN WITNESS WHEREOF, the Agency has caused this Agreement to be executed in
duplicate on this day of
baru�BurAGc�7y� I,
By;Dana Burghdoff(Atay9,20� l_
Dana Burghdoff 4p464pn�
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v�l'�FoRT���d ee�
(Typed name) °o0 0
0�-o a
° ° d
Assistant City Manager PAS*o ° °°°°°°°*
(Title)* ann nExAsaap !�
yann&j11-6.S.GOOG�G1/l Jun 21, 2022
Jan nette S.Goodall(Jun 21,2022 07:33 CDT)
*Title of the Agency's Chief Executive Officer or Chief Elected Official and title and that of the
appropriate civil authority in the event such signature is required to effect this Agreement. If not
required,please so note in this signature block.
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IN WITNESS WHEREOF, APWA has caused this Agreement to be executed by the
Director of Education and Credentialing for the American Public Works Association, acting on
its behalf on this 12th day of May 2022
By.
Becky ein,CAE
Director of Education and Credentialing
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX