HomeMy WebLinkAboutContract 48237 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTIES OF TARRANT,WISE §
AND DENTON §
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE SAFE
CITY COMMISSION,INC.,FOR FUNDING FROM THE CRIME CONTROL
AND PREVENTION DISTRICT FOR THE ADVOCACY PROGRAM
This Agreement is made between the City of Fort Worth ("City"), a municipal
corporation, acting herein by and through Valerie R. Washington, its duly authorized
Assistant City Manager, and The Safe City Commission, Inc., ("SCC") acting by and
through Ken Shetter,it duly authorized Executive Director.
RECITALS
WHEREAS, City has determined that SCC crime prevention and education
program and a community advocacy for crime prevention program("Advocacy Program")
are needed for all citizens of Fort Worth to make Fort Worth the safest major city in the
nation; and
WHEREAS, City and SCC have agreed to provide these programs in accordance
with the Agreement; and .
WHEREAS, City desires to contract with SCC to provide these programs; and
WHEREAS, City, as consideration for the performance of SCC,has appropriated
monies in the Crime Control and Prevention District("CCPD")Fund Budget in the amount
of$175,000.00 and an additional amount of$60,195.00 from the General Fund(referred
to collectively as "Program Funds")to provide to SCC for the operation of the Advocacy
Program;
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 for the SCC Advocacy Program
2. Exhibit A—Scope of Work
3. Exhibit B—Budget
4. Exhibit C—Request for Reimbursement
5. Exhibit D—Program Activities Report
6. Exhibit E—Program Effectiveness Measurement Report
7. Exhibit F—Request for Budget Modification
OFFICIAL RECORD
FY 2017 Interlocal Agreement Advocacy Program CITY SECRETARY
City of Fort Worth&Safe City Commission
FT.WORTH, TX ge 1 of 27
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 Exhibits A through F, 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,its officers,agents,representatives, and employees.
The term "SCC" shall include SCC, its officers, agents, representatives, employees,
servants, contractors, and subcontractors.
The term"Party" shall refer to either City or SCC.
The term "Parties"shall refer to both City and SCC.
The term "General Fund" shall refer to the portion of money allocated in Fiscal Year
2017 to the Fort Worth Police Department in City's General Fund.
AGREEMENT
1. Responsibilities of SCC. 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"—Scope of Work. SCC shall be responsible for day-to-day administration
of the Advocacy Program. SCC agrees to expend the Program Funds in accordance
with its Advocacy Program budget, described in Exhibit "B"- Budget. Program
activities shall be reported in accordance with Exhibit"D"-Program Activities Report
and effectiveness measurements shall be reported in accordance with Exhibit "E"-
Program Effectiveness Measurement Report.
2. Program 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$235,195.00 ("Program Funds").
2.2 Payment of the Program Funds from City to SCC shall be made on a cost-
reimbursement basis following receipt by City from SCC of a signed Request for
Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and
support documentation. SCC shall deliver to City a written detailed Program Activities
Report and Program Effectiveness Measurement Report as described in Section 4.2
below with each RFR to support expenditure of Program Funds. Such reports shall be
signed by SCC or duly authorized officer of SCC. The RFR and monthly Program
Activities Report shall be submitted to City no later than the 15'day following the end
of the month. Submittal of a monthly RFR and Program Activities Report is required
even if services are not provided.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&safe City Commission
Page 2 of 27
Submit the monthly RFR with an original signature by an authorized representative to
the Grants and Program Management Section of the Fort Worth Police Department,
ATTENTION: Tiffany Hayes,Bob Bolen Public Safety Complex,505 W.Felix St.,
Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an
acceptable and approved RFR and a monthly Program Activities Report. Additionally,
a quarterly Program Effectiveness Measurement Report from SCC is required as
described in section 4.2 and must be approved prior to reimbursements.
Reimbursements shall be made within 30 days receipt of said documents.
2.3 SCC is authorized to modify up to five (5) percent of any budgeted line-
item in the original approved budget without prior written permission from City.
However, SCC must submit the Budget Modification Form(Exhibit"F")to City,with
the monthly RFR, in the month when the modification took place. The new modified
budget cannot exceed the total amount of Program Funds.
2.4 Any modifications of more than five (5)percent of any budgeted line-item
in the original approved budget must have prior written permission from City before
any budget modifications are made. The Budget Modification Form(Exhibit"F")must
be submitted, and request must be approved by City,before any money is moved to the
line-item. Once the Budget Modification is approved, the modified budget will take
effect on the first day of the following month. The new modified budget cannot exceed
the total amount of Program Funds.
2.5 Any modifications to zero line-items in the original approved budget must
have prior written permission from City before any budget modifications are made.
The Budget Modification Form(Exhibit"F")must be completed and approved by City
before money is transferred into the new line-item. Once the Budget Modification is
approved,the modified budget will take effect on the first day of the following month.
The new modified budget cannot exceed the total amount of Program Funds.
2.6 Budget modification can only occur within the Direct and Indirect costs.
Funds may not be moved from a Direct line-item into an Indirect line-item, or vise
versus. Modification of Direct and Indirect approved budgets must follow the
guidelines outlined in sections 2.3,2.4 and 2.5.
The Budget Modification Form (Exhibit "F") shall be submitted to the Grants and
Program Management Section of the Fort Worth Police Department,
ATTENTION: Tiffany Hayes at 505 W. Felix St.,Fort Worth,Texas, 76115.
3. Term. This Agreement shall commence upon October 1,2016 ("Effective Date")
and shall end on September 30, 2017 ("End Date"). All of SCC's expenditures under
this Agreement must be completed no later than September 30, 2017.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 3 of 27
4. Program Performance.
4.1 SCC agrees to maintain full documentation supporting the performance of
the work and fulfillment of the objectives set forth in Exhibit"A."
4.2 SCC agrees to provide a monthly Program Activities Report and quarterly
Program Effectiveness Measurement Report to document the performance of the work
described in Exhibit "D" and Exhibit "E," respectively. The Program Activities and
Effectiveness Measurements 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. Program Effectiveness Measurement shall be reported
on a quarterly basis and included in the January, April, July, and October RFR and
Program Activities Report submittals. Additionally, the Program Effectiveness
Measurement Report must include any successes realized in descriptive detail. The
monthly Program Activities and quarterly Program Effectiveness Measurement
Reports shall be submitted to City no later than the 15th day after the end of each month.
4.3 SCC agrees that the monthly RFR and Program Activities Report and
quarterly Program Effectiveness Measurement Report will be submitted to City no later
than the 15th day after the end of each month. Should SCC not meet these requirements,
SCC will be given an additional 15 days to submit the required reports to City. If, at
the end of this 15-day extension period, 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.
5. Default and Termination.
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program
Funds from the CCPD and the department's General Fund. All monies distributed to SCC
hereunder shall be exclusively from monies received from the CCPD and the department's
General Fund, and not from any other monies of City. In the event that funds from the CCPD
or the General Fund are not received prior to the execution of this contract by the parties, in
whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not
be liable for payment for any work or services performed by SCC 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(3 0) days' written notice of termination.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 4 of 27
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 Program Funds
must meet all eligibility requirements of City. SCC shall maintain all equipment used
in the administration and execution of the Advocacy Program. SCC shall maintain,
replace, or repair any item of equipment used in support of the Advocacy Program
and/or for use under the terms of this Agreement that no longer functions or is lost or
stolen. The cost for maintenance, replacement, or repair of any equipment used in
support of the Advocacy Program and/or for use under the terms of this Agreement is
the sole responsibility of SCC. SCC shall not use Program Funds or City funds to
repair or replace said equipment. SCC shall use any and all equipment purchased with
Program Funds exclusively in support of the Advocacy Program. Within 10 days
following the purchase of equipment, SCC shall submit to City a detailed inventory of
all equipment purchased with Program Funds to the Grants and Program 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 Program Funds. All records shall be retained for
three (3)years following the termination or completion of this Agreement. City or its
representatives shall have the right to investigate, examine, and audit at any time any
FY 20I7 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 5 of 27
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 3 0 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 If, as a result of any audit, it is determined that SCC misused, misapplied,
or misappropriated all or any part of the Program Funds, SCC agrees to reimburse City
the amount of such monies so misused, misapplied, or misappropriated, plus the
amount of any sanction, penalty, or other charge levied against City because of such
misuse,misapplication, or misappropriation.
This section shall survive the expiration or termination of this Agreement.
7.4 SCC's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
providing final Program Activities Report and Program Effectiveness Measurement
Reports, making final payments, disposing of the Advocacy Program assets as
appropriate.
7.5 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.
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 respondeat superior shall
not apply as between City and SCC,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 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.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 6 of 27
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. Liabifity and Indemnification.
SCC SHALL BELL4BLEAND RESPONSIBLE FOR ANYAND ALL PROPERTY
LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL
MISCONDUCT OF SCC, ITS OFFICERS, AGENTS, SERVANTS, OR
EMPLOYEES.
SCC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES H.ARMLESS AGAINST
ANYAND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF
ANY KIND, 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(INCL UDING DEATH) THAT MAY RELATE TO,ARISE
OUT OF, OR BE OCCASIONED BY (I)SCC'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT
ACT OR OMISSION OR INTENTIONAL MISCONDUCT OFSCC, ITS
OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE
PERFORMAIVCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANYLIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS,AGENTS,EMPLOYEES, OR SEPARATE CONTRACTORS,AND IN
THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SIIALL BE
APPORTIONED COMPARATIVELY INACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS. NOTHING HEREIN SIIALL BE CONSTRUED ASA
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER
PROVIDED BY THE LAWS OF TEXAS
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 7 of 27
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 Advocacy Program is
situated; and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the Advocacy Program during his tenure
or for one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof,for work to be performed hereunder. 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 representatives, assigns, subcontractors or successors in
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 8 of 27
interest, SCC agrees to assume such liability and to indemnify and defend City and
hold City harmless from such claim.
This section shall survive the termination or expiration of this Agreement.
13. Compliance.
13.1 SCC, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state, and local,
including all ordinances, rules, and regulations of City. If City calls to the attention of
SCC in writing any such violation on the part of SCC or any of its officers, members,
agents, employees, subcontractors, or program participants, then SCC shall
immediately desist from and correct such violation.
13.2 SCC shall utilize Program Funds strictly for those purposes and goals
intended under the terms and conditions of this 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. 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.
15. Insurance Requirement.
15.1 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 Liabilily or Directors&Officers Liability: $1,000,000
per occurrence, with a $1,000,000 annual aggregate limit, in a form that is
acceptable to the City's Risk Manager.
(c) Automobile Liability: $1,000,000 each accident on a combined single limit basis
OR split limits are acceptable if limits are at least $250,000 Bodily Injury per
person, $500,000 Bodily Injury per accident and$100,000 Property Damage.
(d) Any other insurance the City may reasonably require to protect the interests of
the City.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 9 of 27
15.2 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.
15.3 Each insurance policy required herein shall be endorsed with a waiver of
subrogation in favor of the City, Each insurance policy required by this Agreement,
except for policies of worker's compensation or accident/medical insurance shall list
the City as an additional insured. City shall have the right to revise insurance coverage
requirements under this Agreement.
15.4 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. Miscellaneous Provisions.
16.1 The provisions of this Agreement are severable, and, if for any reason a
clause, sentence,paragraph, or other part of this Agreement shall be determined to be
invalid by a court or Federal or state agency, board, or commission having jurisdiction
over the subject matter thereof, such invalidity shall not affect other provisions which
can be given effect without the invalid provision.
16.2 City's failure to insist upon the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver
or relinquishment to any extent of City's right to assert or rely upon any such term or
right on any future occasion.
16.3 Should any action,whether real or asserted, at law or in equity, arise out of
the execution, performance, attempted performance, or non-performance of this
Agreement, venue for said action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas,Fort Worth
Division.
16.4 SCC represents that it possesses the legal authority,pursuant to any proper,
appropriate, and official motion,resolution, or action passed or taken,to enter into this
Agreement and to perform the responsibilities herein required.
16.5 This written instrument including Exhibits A through F, 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
ply.
16.6 All notices required or permitted by this Agreement must be in writing and
are deemed delivered on the earlier of the date actually received or the third day
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 10 of 27
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. Valerie R. Washington,Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies To: Grants and Program Management Section
Bob Bolen Public Safety Complex
505 W. Felix St.
Fort Worth,TX 76115
SCC: Ken Shetter,Executive Director
Safe City Commission, Inc.
1100 Hemphill Street
Fort Worth,TX 76104
16.7 None of the performance rendered under this Agreement shall involve, and
no portion of the Program Funds received hereunder shall be used,directly or indirectly,
for the construction, operations, maintenance, or administration of any sectarian or
religious facility or activity, nor shall said performance rendered or funds received be
utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or
activity.
16.8 Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
16.9 The provisions and conditions of this Agreement are solely for the benefit
Of City and SCC and are not intended to create any rights, contractual or otherwise,to
any other person or entity.
16.10 The parties acknowledge that each party and its counsel have reviewed this
Agreement and that the normal rules of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be employed in the interpretation
of this Agreement or exhibits hereto.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission
Page 11 of 27
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
m t ples ' Fort Worth, Tarrant County, Texas, to be effective this X0 day of
241 .
APPROVED AND AGREED FOR APPROVED AND AGREED FOR
CITY OF FORT WORTH SAFE CITY COMMISSION
v
Valerie R. Washington Ken Shetter
Assistant City Manager Executive Director
Date: 1��J/��P Date: � - 2-72- IL
APPROVED AS TO FORM AND
LEGALITY FOR SAFE CITY
AP OV RECO6M FID CO S ON
Chief Joel . itzgerald SCC Attorney
Chief of Police
Date: 1,16 Date:
m
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT 00
WORTH ATTEST $o z
-.w--Jnn
O 411 / ary J.
Assistant City Attorney City Secr ary
Date: c �/� Date: ( �
/1
Folin 1295 Certification No: 1 ';4-7 M&C No. C-Z11C1
OFFICIAL RECORD
CITY SECRETARY
FY 2017 Interlocal Agreement Advocacy Program Ft'.WORTH TX
City of Fort Worth&Safe City Commission f
Page 12 of 27
Exhibit A
Scope of Work
EXHIBIT A
SCOPE OF WORK
The Scope of Work is to be performed and documented in compliance With the monthly program
activities and quarterly effectiveness measurement reports outlined in exhibits D and E.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 14 of 27
Exhibit B
Budget
FORT WORTH
CRIME CONTROL
&PREVENITON DISTRICT
Exhibit B
Budget Summary
Fiscal Year 2017
DIRECT.PROGRAM COSTS(90%Minimum) Total $213,230.00
A.PERSONNEL
Salaries $182,100.00
PERSONNEL TOTAL: $182,100.00:
B.FRINGE BENEFITS
FICA $13,930.00
Health Insurance $17,200.00
FRINGE BENEFITS TOTAL,. $31,130.00
C.TRAVEL AND TRAINING
None
TRAVEL AND TRAINING TOTAL $0.00
D.EQUIPMENT
None
EQUIPMENT TOTAL $0.00
E.SUPPLIES
None
'SUPPLIES TOTAL -
$0.00
F. CONTRACTS/CONSULTANTS
None
CONTRACTS/CONSUL'TANTS-TOTAL - __ _. _ _ - -$0.00
$0:00
G. OTHER APPROVED
None
— - --- - -
-OTHERX0:00.
INDIREC-T--PROGRAM-COSTS-(10%d Maximum)- Total. - ---$21,965.00
A.PERSONNEL
None
PERSONNEL TOTAL:- $0.00
B.FRINGE BENEFITS
None
FRINGE BENEFITS TOTAL ' $0.00
C.TRAVEL AND TRAINING
None
TRAVEL AND TRAIlIN'ING-TOTAL--- - $0:00
D.EQUIPMENT
EQUIPMENT TOTAL $0.00
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 16 of 27
FORT WORTH
CRIME CONTROL
&PREVENTION DiSTRIcr
E.SUPPLIES
None
SUPPLIES TOTAL $0.00
F.CONTRACTS/CONSULTANTS
None
CONTRACTS/CONSULTANTS TOTAL - $0:00
G. OTHER APPROVED
Facility and Utilities $19,900.00
Insurance/Accounting $2,065.00
OTHER-APPROVED TOTAL -- — —
GRAND TOTAL $235J95.00
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 17 of 27
Exhibit B
BUDGET NARRATIVE FISCAL YEAR 2017
Please attach a detailed budget narrative that explains the need for all proposed expenditures by individual
item. The budget narrative should clearly explain how funds will be used and why expenditures are necessary
for successful implementation of your program. Please explain how costs are calculated.
INDIRECT COSTS CANNOT EXCEED 10% OF THE APPROVED BUDGET
DIRECT PROGRAM COSTS (90% Minimum):
A. Personnel$182,100.00:
a. 60%of the President's salary($146,000 x 60%=$87,600)-Reporting to the Board of Directors,
the President will have overall strategic and operational responsibility for Safe City Commission's staff,
programs, expansion, and execution of its mission. S/he will develop and maintain deep knowledge of
field,core programs, operations,and business plans.When possible and in a manner appropriate for the
President's particular skills, training and professional certification, the President should participate
directly in the carrying out of the mission of Safe City Commission in order to retain a robust
understanding of the organizations mission and work.The President will spend about 24 hours per week
on this program.
b. 75.6% of one Program Director's salary ($62,500 x 75.6% = $47,250) - The program
director is responsible for the administration of the Crime Stoppers program including
reporting to the Crime Stoppers Board,working with law enforcement personnel to process
new tips, the management of the Call Center and all employees of the Call Center as well
as overseeing all aspects of Training and Education programs offered by Safe City
Commission, including professional training and Imagine No Violence. The Program
Director will spend about 30 hours per week on this program.
c. 100% of one Program Coordinator's salary($47,250)will be allocated to the contract. The
Training Coordinator position operates as directed by the Crime Stoppers and Training
Director by performing duties including facilitating and coordinating the Imagine No
Violence program, organizing professional training programs and the Project Safe
Neighborhood program which brings together local community partners and law
enforcement agencies to focus on specific areas of crime that are a concern in Fort Worth
neighborhoods. The Program Coordinator will spend about 40 hours a week on this
program.
B. Fringe Benefits $31,130.00:
a. FICA calculated at 7.65% (13,930) and company paid Health Insurance costs (17,200)for
the same employees at the same percentages will be allocated to the contract.
C. Travel and Training: N/A
D. Equipment: N/A
E. Supplies: N/A
F. Contracts/Consultants: N/A
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 18 of 27
G. Other Approved: N/A
INDIRECT COSTS (10% Maximum):
A. Personnel: N/A
B. Fringe Benefits: N/A
C. Travel and Training: N/A
D. Equipment: N/A
E. Supplies: N/A
F. Contracts/Consultants: N/A
G. Other Approved $21,965.00:
a. $19,900 will be allocated to Facilities and Utilities costs including telephone and internet
usage, electricity, water, gas and custodial services. $2,065 will be allocated towards
insurance and accounting costs.
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 19 of 27
Exhibit C
Request for
Reimbursement
WORTH.
c
FORT WORTH
Request for Reimbursement(RFR)
FY 2017
CRIME CONTROL
AND PREVENTION DISTRICT
Submit To: Submitting Agency: Safe City Commission-Advocacy
Bob Bolen Public Safety Complex Contact Name: Grant Summers
Attn:Tiffany Hayes Phone Number: (817)502-7121
Program Support Division Email: asummers0onesafealace.org
505 West Felix St. Remit Address: 1100 Hemphill St,Fort Worth,TX 76104
Fort Worth,TX 76115
Invoice Number:
Month of Request:
DIRECT COSTS(90%Minimum)
A. B C D _ E
Total ofrrevious +C A-D
This 1lionth's
Budget Cntegory BudgetAmount Reimbursements Total Requested Remaining Balance
Requested Request To-Date Available
A Personnel -S 182,100.00 S - S 182,100.00
B Fringe Benefits S 31,130.00 S - S 31,130.00
C Travel&Trainhtg
D Equipment -----------
E
-----E Supplies
F Contracts/Consultants
Total Direct Costs -S - 213 30.00 S - S - S- - S 213 30.D0
NDIRECT COSTS(10%Maximum)
D- -- R--
Previous +C A-D
This Month's
Budget
Categorysements TotalRequested Remaining Balance
ested Request To-Date Available
A Personnel _B FringeBenefitsC Travel&TrainiD EgoipmentS
E Supplies S - S - _ -
F Contracts/Consultants
G Other-Facilities,Accounting S - 21;965.00 -
Total InDireet Costs S 21 65.00 8. 21 965.OD
Supporting documents required with monthly requests. Summary:
This includes,timesheets depicting CCPD funded activities, Total Budget. S 235,195.00
copy of paychecks,invoices and receipts detailing all CCPD Previous Requests: S -
funded expenditures. This Request: $
Total Requested To-Date S
Remaining Funds S 235,195.00
I have reviewed this request and certify that these listed expenses and support documentation are accurate.
Authorized Signatory Signatory Title Date
_...Fiscal Agent Use Only, -
Purchase Order A- - _ Fund - - Dept ID Accoruet -
RFR Approved ForPaj,went
Grant Staff Signature Date
Finance Received Stamp Placed Below
Page 21 of 27
-7 Interlocal Agreement Advocacy Program
Fort Worth Safe City Commission
Exhibit D
Program Activities
Report
FORT WORTH
CRIME CONTROL
&PUVIE TON DmwcT
Exhibit D
Fiscal Year 2017
Monthly Program Activities Report
Current Reporting Month
Submitting Agency Safe City Commission—Advocacy
Contact Name Brenda O'Quin
Phone Number and Email (817) 502-7113 /boquin@onesafeplace.org
Remit Address 1100 Hemphill St, Fort Worth, TX 76104
Activity Current. To Date Year
Month Total End
Total Goal
1 Number of multi-disciplinary meetings(excluding meetings related solely to One
Safe Place programs and/or services). 55
2 Number of participants in training,education and outreach programs facilitated
by Safe City Commission. 523
3 Number of FWISD participants in Imagine No Violence Art Contest.
50,000
4 Number of Fort Worth ISD middle school and high school students who will
receive public education information about the Campus Crime Stoppers Friends 50,000
for Life program.
5
6
7
8
I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the
CCPD goals setforth in the contract.
Authorized Signatory Signatory Title Date
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 23 of 27
Exhibit E
Program Effectiveness
Measurement ]Report
FORT WORTH
CWME COMROL
&PuvvmON Dismcr
Exhibit E
Fiscal Year 2017
Quarterly Program Effectiveness Measurement Report
Current Reporting Quarter
Submitting Agency Safe City Commission—Advocacy
Contact Name Brenda O'Quin
Phone Number and Email (817) 502-7113 /boquin onesafeplace.org
Remit Address 1100 Hemphill St,Fort Worth, TX 76104
Please include outcome narrative that describes how measure was accomplished for each quarter.
Effectiveness Measures and Quarterly Outcomes
Measure 1 59% of FWISD Students participate in the Imagine No Violence program
Outcome
Measure 2 75% of training attendees completed evaluations that rated trainings Good/Excellent.
Outcome
Measure 3 80% of training attendees received continuing educations credits.
Outcome
Measure 4 300 arrests and 650 cleared cases resulting from Crime Stoppers tips for the year.
Outcome
Measure 5
Outcome
I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the
CCPD goals set forth in the contract.
Authorized Signatory Signatory Title Date
Report due each quarter: 1St Quarter(Oct-Dec) due January 15 2nd Quarter(Jan-Mar)due April 15
3rd Quarter(Apr-June) due July 15 411 Quarter(Jul-Sep)due October 15
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 25 of 27
Exhibit F
Request for Budget
Modification
FO_R�-T�WORTH
CRIME CONTROL
&PREVENTION DIsiRler
• Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR
• More than 5%of any budgeted line-item must have prior City approval
• An increase in a zero line-item must have prior City approval
• Modifications cannot be made between Direct and Indirect costs
Exhibit F
Request for Budget Modification
Fiscal Year 2017
Date
Submitting Agency
Contact Name
Phone Number and Email
Remit Address
DIRECT COSTS(90%-minimum
Budget Category Approved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training
Equi went
Supplies
Contracts/Consultants
Other Approved
Total Direct Costs
INDIRECT COSTS (10% maximum
Budget Category Approved Budget Change Requested Revised Budget
Personnel
Fringe Benefits
Travel and Training
Equipment
Supplies
Contracts/Consultants
Other Approved
Total Indirect Costs
- -
Modification Narrative(describe in-inchange is for)
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title Date
FWPD STAFF USE ONLY
Q Modification Approved ® Modification NOT Approved
FWPD Staff Signature Date
FY 2017 Interlocal Agreement Advocacy Program
City of Fort Worth&Safe City Commission Page 27 of 27
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2016
DATE: Tuesday, September 20,2016 REFERENCE NO.: **C-27929
LOG NAME: 35SAFE CITY COMMISSION ADVOCACY PROGRAM FY17
SUBJECT:
Authorize Execution of Agreement with Safe City Commission in the Amount of
$235,195.00 to Continue Operation of a Community Advocacy Crime Prevention
Program for Fiscal Year 2017 (General Fund and CCPD Funded) (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an
Agreement with Safe City Commission in the amount of$235,195.00 to
continue the operation of the Community Advocacy Crime Prevention Program.
DISCUSSION:
Safe City Commission(SCC)is a vital partner in the City of Fort Worth's
crime prevention efforts. Safe City Commission(SCC) seeks to help make
Fort Worth the safest major city in the United States through its
partnerships with the community, schools, and law enforcement. To
accomplish this goal, SCC operates the Community Advocacy Crime Prevention
Program,which provides crime prevention, education and community advocacy
throughout Fort Worth. Through its initiatives, SCC promotes a culture of
non-violence among Fort Worth's youth.
Under the terms of the Agreement, Safe City Commission(SCC)will be
reimbursed during Fiscal Year 2017 for cost related to the operation of the
Community Advocacy Crime Prevention Program. The total
reimbursement amount is $235,195.00 of which, $60,195.00 will be drawn
from the General Fund and$175,000.00 from the Crime Control and Prevention
District Fund.
This Agreement will be effective October 1,2016 to September 30, 2017.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, contingent upon adoption of the
Fiscal Year 2017 Budget by City Council,funds will be available in the
Fiscal Year 2017 Budget of the Crime Control and Prevention District Fund
and General Fund. The Police Department is responsible for verifying the
availability of funds prior to an expenditure being made.
FUND IDENTIFIERS (FIDs):
TO
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference Amount
#
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Joel Fitzgerald (423 1)
Additional Information Contact: James Rodriguez (4286)
ATTACHMENTS
1. FID Transaction_CCPD.pdf (CFw Intemal)
2. FID Transaction_GF.pdf (CFw Internal)
3. Safe City Advocacy Form 1295.12df (Public)
4. SAM.pdf (Public)
C - 27929
CERTIFICATE OF INTERESTED PARTIES FORM 1295
101`1
,Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-107697
Safe City Commission
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/02/2016
being filed.
'City of Fort Worth Date Ackno 1 dged
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goads,or other property to be provided under the contract.
FY2017 CCPD Advocacy
Crime Prevention Programming
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
I
i
i
i
A
i
i
5 Check only if there is NO Interested Party, ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct. j
I
'J"y P1,i
.a �a, JESSICA RENEE RiXIE
Notary Public,State of Texas -
- r�= My Commission Expires
April 15, 2014
Sig natu tha' contracting business entity
-AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the saidy v' v I 1 t r�`�� this the day of ? �
20l a.,to certify which,witness my hand and seal of office. l
ig ure of office dministering oath Pri t d name of officer administering oath Title of officer Administering oath
i
Forms provided by Texas Ethics Commission www,ethlcs.state.tx.us Version V1.0.277
f
}