HomeMy WebLinkAboutContract 58288 CSC No. 58288
AGREEMENT FOR PARTNERS WITH A SHARED NIISSION SAFE CITY
COMNHSSION—SUPPORT SERVICES
FISCAL YEAR 2023
This Agreement is made between the CITY OF FORT WORTH ("City"), a municipal
corporation, acting herein by and through Fernando Costa, its duly authorized Assistant City
Manager, and SAFE CITY CONIlMSSION ("SCC"), a Texas nonprofit corporation acting by
and through Ken Shetter, its duly authorized President.
RECITALS
WHEREAS, City has determined that SCC provides services in coordinating agencies'
activities against domestic violence and child abuse; and
WHEREAS, City and SCC desire to enter into a contract to have such services provided
in the City during the Fiscal Year 2023 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, the 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$345,000.00 ("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 Safe City Commission
2. Exhibit A— Scope of Work: Requirements
3. Exhibit B—Request for Disbursement Form
4. Exhibit C—Executive Summary Template
5. Exhibit D—Zip Code Spreadsheet Template
5. Exhibit E—Corrective Action Plan Template
6. Exhibit F—Previous Year's Corrective Action Plan (if applicable)
Exhibits A through F, 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
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Exhibits, and the terms and conditions set forth in the body of this Agreement, the terms and
conditions set forth in the body of this Agreement shall control.
DEFINITIONS
The term"City"shall include City,and its officers,agents,employees,and representatives.
The term "SCC" shall include SCC, and its officers, agents, employees, representatives,
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 term "Direct Service Provider" refers to an entity or program that primarily or
exclusively serves the purpose of providing crime control 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 to directly to members of the public.
AGREEMENT
1. 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 A. 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,
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.
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 Provider 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 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
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. 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 sum of $345,000.00 ("Support Funds") or 30% of the Contractor's
reported annual revenue, whichever is less.
2.2 Due Dates 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—Request for Disbursement, 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, 2022.
Such reports shall be signed by the SCC or its duly authorized officer.The RFD shall be submitted
to City no later than the 15th day following the end of the applicable month. If this obligation of
SCC falls due on a weekend or Federal holiday, then that obligation shall be due the next business
day following such weekend day or Federal holiday. Should the SCC not be able to meet these
requirements in the given month, the SCC shall provide written notification prior to the deadline
that details the justification and expected date of submission. If no notification is received by the
15th, the City may document for future corrective action. If, by the last day of the same month,
SCC has not submitted the required reports, the City will send a non-compliance letter notifying
SCC's duly authorized representative of a possible suspension of program funding. 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. Submission must be scanned and submitted to the
Grants and Program Management Section of the Fort Worth Police Department. Submissions
should be titled "SCC —RFD Month" and sent either via email to PSM e,fortworthtexas.gov, or
via mail addressed as such: ATTENTION: Contract Compliance Specialist, Financial
Management Division, Bob Bolen Public Safety Complex, 505 W. Felix St., Fort Worth,
Texas, 76115. 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. 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, 2022 ("Effective Date"), and shall end
on September 30, 2023 ("End Date").All of Contractor's expenditures under this Agreement must
be completed no later than September 30, 2023. The City reserves the right to withhold the final
Request for Reimbursement until all required documents have been received by the Contractor.
4. Program Performance
4.1 Contractor agrees to maintain full documentation supporting the performance of the work
and fulfillment of the objectives set forth in Exhibit"A."
4.2 Quarterly Reports SCC agrees to provide a Quarterly Data Report which will be
created subsequent of this agreement with input from SCC. The Quarterly Data Report shall
document the activities completed by the contracted third-party Direct Service Providers in support
of the CCPD goals. Data shall be reported on a quarterly basis and included with the January,
April,July, and October RFD submissions. Additionally SCC will include a Zip Code Spreadsheet
that reflects new/unduplicated participant data served by the Direct Service providers. SCC agrees
that all program reports will be submitted to the City no later than the 15th of each month. If this
obligation of SCC falls due on a weekend or Federal holiday,then that obligation shall be due the
next business day following such weekend day or Federal holiday.
4.3 Annual Executive Summary Report SCC agrees to provide an Annual Executive
Summary Report, which will be created subsequent to this agreement with input from the SCC.
The Annual Executive Summary Report must include descriptions of all realized successes and
challenges during the contract period. The Annual Executive Summary Report is due with the final
RFD submission on October 15,2023
4.4 SCC agrees that the monthly Request for Disbursement will be submitted to City no later
than the 15th day after the end of each month. If this obligation of SCC falls due on a weekend or
Federal holiday,then that obligation shall be due on the next business day following such weekend
day or Federal holiday. Should SCC not be able to meet these requirements in a given month, the
SCC shall provide written notification prior to the deadline that details the expected date of
submission. If no notification is received before the 151h 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.
4.5 SCC agrees to complete a Corrective Action Plan ("CAP") in the event of 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 attached as Exhibit C.
4.6 A representative of SCC shall attend quarterly meetings of the Crime Control and
Prevention District Board as requested.
5. Default and Termination
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Support Funds
from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies
received from the CCPD, and not from any other monies of City. In the event that funds from the
CCPD are not received in whole or in part, City may, at its sole discretion, terminate this
Agreement and City shall not be liable for payment for any work or services performed by
Contractor under or in connection with this Agreement.
5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year
for any payments due hereunder,City will notify 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 The City may terminate this Agreement at any time and for any reason by providing the
other party with thirty (30) days' written notice of termination.
5.4 Termination will be effected by delivering to 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.
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 purchased with Support Funds must meet all eligibility requirements of the
City. SCC shall maintain 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 support of
the Direct Service Providers,its facilities, 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 One Safe Place FJC and/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 must be resolved
within fifteen(15)days after notice to SCC by City.If questions are not resolved within this period,
City reserves the right to withhold further funding under this and/or future agreement(s)with SCC.
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 Support 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. The
closeout requirements 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.
If necessary, an amendment 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
8.1 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 respondent
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 understood 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'officers,members, agents, employees, subcontractors,program participants,licensees,
or invitees,which may be lost, stolen, destroyed, or in any way damaged
9. Liability and Indemnification
SCC SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
SCC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY HIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)
CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES,CONTRACTORS(OTHER THAN THE CITY),OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
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. Prohibition against Interest
11.1 No member, officer, or employee of City, or its designees or agents; no member of the
governing body of the locality in which the 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.
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 any 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 representative, 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 expiration or termination 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 Agreement. 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 be 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 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; SCC hereby expressly waives its rights to plead defensively such
immunity or exemption as against City.This section shall not be construed to affect a governmental
entity's immunities under constitutional, statutory or common law.
16. Insurance Requirement
16.1 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 limit, in a form that is acceptable to the City's Risk Manager.
(b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per
occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the
City's Risk Manager.
(c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split
limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000
Bodily Injury per accident and$100,000 Property Damage.
(d) Any other insurance the City may reasonably require to protect the interest of the City.
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 premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort
Worth, Texas 76102, with copies to the City Attorney at the same address.
16.7 Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
17. Miscellaneous Provisions
17.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph, or other part of this Agreement shall be determined to be invalid by a court or Federal
or state agency, board, or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
17.2 City's failure to insist upon the performance of any term or provision of this Agreement or
to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any
extent of City's right to assert or rely upon any such term or right on any future occasion.
17.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this Agreement,venue for said action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
17.4 Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Agreement
and to perform the responsibilities herein required.
17.5 This written instrument and 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 (iii) addressed to the other party at the address as follows or at such other
address as the receiving party designates by proper notice to the sending party:
CITY: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Copies To: Contract Compliance Specialist
Financial Management Division
Bob Bolen Public Safety Complex
505 West Felix St.
Fort Worth, TX 76115
City Attorney's Office
Attn: Police Contracts
200 Texas Street
Fort Worth, TX 76102
CONTRACTOR: Safe City Commission
Ken Shetter, President
1100 Hemphill St.
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 (I-9). Upon request by City, Contractor shall provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under
this Agreement. Contractor shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any Contractor
employee who is not legally eligible to perform such services. CONTRACTOR SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR,
CONTRACTOR'S EMPLOYEES,
SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Contractor,shall
have the right to immediately terminate this Agreement for violations of this provision by
Contractor.
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 to
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.
[REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas,to be effective this day of , 20
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City: Vendor:
kevr sho-Her
By: By:ken shetter(Oct 18,2022 09:23 CDT)
Name: Fernando Costa Name: Ken Shetter
Title: Assistant City Manager Title: President
Date: Oct 20, 2022 Date: OU 18, 2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
By:Ro�hlldre ge(Oct 20,2022 14:49 CDT) ensuring all performance and reporting
Name: Neil Noakes requirements.
Title: Chief of Police
Approved as to Form and Legality: By.
Name: Sarah Shannon
Title: Supplemental Funding Manager ��F 00000.
�� 00
00 0000 d�
0 w
o oo��
By: 000 0
Name: Taylor Paris City Secretary: �p�* 0*0
Title: Assistant City Attorney a rEXpS.oad
a ��bRd'6'd'O
���Li2%4�C%Cif/
Contract Authorization: By_J etteS.Goodall(Oct 21,202208 CDT)
M&C• 22-0707 Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Exhibit A- SCOPE OF WORK
REQUIREMENTS FOR SUPPORT SERVICE PROVIDER
The Scope of Work for a Support Service Provider is limited to the Administrative and Facility benefits
provided to Direct Service Providers that comply with the mission of the Crime Control and Prevention
District.
Requirement#I: CCPD funding provided to the organization may not represent more than thirty percent
(30%)of the Support Service Provider's documented total annual revenues.
Compliance: The provider must raise and report sufficient revenue on the Exhibit B: Request for
Disbursement to receive monthly reimbursements. Reimbursement will be calculated based on the
following equation(Total Month-End Revenue- .7—Total Month-End Revenue)
Requirement#2: Provide 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. Agreements must include:
(i) Description of the services provided by the entities and programs that adequately relates to
and aligns with the District's mission,
(ii) Description demonstrating adequate support provided to the entity or programs by the
Support Services Provider,
(iii) Requirements regarding maintenance and reporting of Service Data,and
(iv) A reasonable 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.
Compliance: Submit for FWPD staff review, signed agreements with each third-parry entity or program
by December 3 Pt,2022.
Requirement#3: Report on a quarterly basis and require each entity and program it supports to,at a
minimum,(i)maintain records of the entity or program Is Service Data; and(ii)submit monthly,quarterly,
and annual Service Data reports to the Support Service Provider. The Support Service Provider 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 agencies and programs the Support Service Provider is supporting.
Staff will provide quarterly reports to the Board regarding the Service Data for all Support Service
Providers and the programs and agencies that each one supports.
Compliance:
1. Complete a description of reportable data and submit with third-party agreements(mentioned
above)by December 3 Pt,2022
2. Submit quarterly data on January 15t'', 2023;April 15t'', 2023;July 15t'',2023;October 15,2023
Requirement#4: Provide an Annual Executive Summary Report describing the successes and challenges
experience during the contract period.
Compliance: Provide a 3-5 page Annual Executive Summary Report by October 15t'',2023 for approval
by staff. Final draft should be finalized ahead of the CCPD November meeting.
Fo R f{. Exhibit B
Request for Disbursement
FY 2023
CRIME CONFRI11.
AM PRFI+FPMON DISTRICT
S¢bmtTo: Submitting Agency: Safe City Commission-FJC
lllvF,,,ul` Contact Name: Grant Summers
PSM(aJ'ortwouhtesas.g v
Phone Number: 817-502-7121
Mill:
Bob Bolen Pubbe Safay Compl— Email gsummersAonesafettlace.org
Art.:Contraet Compliaoee Speniahst Remit Address: 1100 Hemphill Street,Fort Worth TX
Financial Management Division
505 West Felix St. Invoice Number:
Fort Worth,TX 76115
Month of Request
A B
Revenue Category Revenue Reported Previous Revenue
This Month Reported to Dare
Capital Campaign
Corporate Donations
Events
Facility Fees
Federated Funds
Fees for Service
Foundation/Public Charity
Government Grants
Individual Donations
Interest
Merchandise Sales
Other(please specify below)
Crime Stoppers
2.
This Mbnth•s Revious
3. Re. t Disbursements
4 ques
Totals I S is $ S
Summm
TotalBudget: $ 345,000.00
Previous Requests: $
Th is Request: $
Total Requested To-Date $
Remain ing Funds $ 345,000.00
I have reviewed this request and certify that the information on this form is true to the best of my knowledge.
Authorized Signatory Signatory Title Date
Fiscal Agent Use Only
Pnrchnse Order# Fund Dept ID Aanumt
RFRAppmved ForPnynart(Fdh W.dh Pollen Depmbnart CCPDStnffD Only)
Reviewed by: Approved by:
Grant Staff Signature Date Grant Staff Signature Date
Finance Received Stamp Placed Below
Exhibit C
Crime Control and Prevention District
Partners with a Shared Mission
FY23 Annual Executive Summary
Date:
Agency Name: Safe City Commission
Program/Project Title: One Safe Place (Family Justice Center)
Fiscal Period: FY2023
Contact Name: Email:
Instructions: Please complete the Annual Executive Summary Report describing the successes and
challenges experienced during the contract period. The report should be 3 —5 pages. This report is
due to CCPD staff with final reports on October 15, 2023.
1. List which entities and programs the Support Service Provider partnered with during
the contract period.
2. Describe major accomplishments achieved in implementing the project. Highlight
specific aspects of the project contributing to its success. You may bullet out responses
for each entity/program.
3. Describe any challenges (i.e. frustrations, barriers, disappointments) in implementing
the project and how they were addressed or resolved. You may bullet out responses for
each entity/program.
4. What has the project revealed about the organization's capacity to address the
identified CCPD goals outlined in the contract? You may bullet out responses for each
entity/program.
Certification: I have reviewed the above financial and program requirements. I verify that the
enclosed report materials accurately reflect the status of the aforementioned program/project.
Name: Date:
Title:
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10/7/22, 11:14 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo�11
Create New From This M&C
DATE: 9/13/2022 REFERENCE**M&C 22- LOG 35FY23 CCPD SAFE CITY
NO.: 0707 NAME: COMMISSION SUPPORT SERVICES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Agreement with Safe City Commission in the Amount up to
$379,500.00 to Operate One Safe Place as a Regional Family Justice Center in Tarrant
County During Fiscal Year 2023
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with Safe City
Commission in the amount up to $379,500.00 to operate One Safe Place as a Regional Family
Justice Center in Tarrant County during Fiscal Year 2023.
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 2023 an
amount up to $379,500.00 to cover administration and facilities expenses as a support service
provider under the terms of the Crime Control and Prevention District (CCPD) Financial Policy. SCC
will provide this support to the Fort Worth Police Department and four third party CCPD mission
eligible direct service providers.
Funding will be budgeting in Other Contractual Services account within the Crime Control and Prev
Distr Operating Fund for Fiscal Year 2023.
This agreement will be effective for one year beginning October 1, 2022, and will end on September
30, 2023, with no renewals.
One Safe Place provides services to ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the Fiscal Year 2023 Budget by the City Council, funds will be available in the Fiscal Year
2023 operating budget, as appropriated, in the Crime Control & Prev Distr Fund. Prior to an
expenditure being incurred, the Police Department has the responsibility to validate the availability of
funds.
TO
LFund Department Account Project Program Activity Budget Reference# Amount
L ID ID I Year I (Chartfield 2)
FROM
apps.cfwnet.org/council_packet/mc_review.asp?ID=30259&councildate=9/13/2022 112
10/7/22, 11:14 AM M&C Review
F eMd Department Account Project Program Activity Budget Reference# Amount
ID
ID
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Elizabeth Garza (5571)
Sarah Shannon (4254)
ATTACHMENTS
FID Table-SCC Support Services.xlsx (CFW Internal)
FJC- 1295.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30259&councildate=9/13/2022 212