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HomeMy WebLinkAboutContract 51412 CITYSECRETARY CONTRACT NO. 14 I a 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 ONE SAFE PLACE FAMILY JUSTICE CENTER This Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Safe City Commission ("SCC"), a Texas nonprofit corporation acting by and through Ken Shetter, it duly authorized Executive Director. RECITALS WHEREAS, City has determined that SCC provides services in coordinating agencies' activities against domestic violence and child abuse in the City; and WHEREAS, City and SCC desire to enter into a contract to have such services provided which benefit the Fort Worth community through the creation and continued operation of the One Safe Place Family Justice Center ("One Safe Place FJC"), by supporting the salaries of a Center Director, two Intake Coordinators and Operating Expenses for the physical facility that will provide a centralized, streamlined location for victim advocacy and support; and WHEREAS, City desires to contract with SCC to provide such services for the public purpose of actively addressing domestic violence and child abuse; and WHEREAS, City, as consideration for the creation of One Safe Place FJC, has appropriated in the Department's Crime Control and Prevention District ("CCPD") Fund Budget in the amount of $300,000.00 ("Program Funds") to provide to SCC on a reimbursement basis for the operation of the One Safe Place FJC subject to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS �0 The Agreement documents shall include the following: so�c 1. This Agreement for the SCC One Safe Place FJC X51 2. Exhibit A—Scope of Work 3. Exhibit B—Budget FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH ��"" AND SAFE CITY COMMISSION CITY-S1'=R'TAF' Page 1 of 24 a e=rr, �. T. voa:aR"��I,-rx 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 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. 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 One Safe Place FJC. SCC agrees to expend the Program Funds in accordance with its One Safe Place FJC 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$300,000.00 ("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 FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 2 of 24 monthly Program Activities Report shall be submitted to City no later than the 15`h day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Submit the monthly RFR with an original signature by an authorized representative to the Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist, 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 Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist,505 W. Felix St., Fort Worth, Texas,76115. FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 3 of 24 3. Term. This Agreement shall commence upon October 1, 2018 ("Effective Date"), and shall end on September 30, 2019 ("End Date"). All of SCC's expenditures under this Agreement must be completed no later than September 30, 2019. 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. All monies distributed to SCC 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 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. 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. FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 4 of 24 5.2 This Agreement may be terminated by City, in whole or in part, at any time and for any reason upon written notice as specified in section 5.3. 5.3 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. 5.4 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. 5.5 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 One Safe Place FJC. SCC shall maintain, replace, or repair any item of equipment used in support of the One Safe Place FJC and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement, or repair of any equipment used in support of the One Safe Place FJC or for use under the terms of this Agreement is the sole responsibility of SCC. SCC shall not use Program Funds to repair or replace said equipment. SCC shall use any and all equipment purchased with Program Funds exclusively in support of the One Safe Place FJC. 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 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. FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 5 of 24 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 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 If, as a result of any audit, it is determined that SCC misused, misapplied, or misappropriated all or any part of the Program Funds, SCC agrees to reimburse City the amount of such monies so misused, misapplied, or misappropriated, plus the amount of any sanction, penalty, or other charge levied against City because of such misuse, misapplication, or misappropriation. 7.4 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 One Safe Place FJC 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. 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 FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 6 of 24 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. 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) 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 HARMLESS AGAINST ANY AND 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(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)SCC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SCC, ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS(OTHER THAN THE 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 FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 7 of 24 OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED ASA 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 One Safe Place FJC is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the One Safe Place FJC 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. FY19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 8 of 24 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 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 Liability or Directors & Officers Liabili : $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. FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 9 of 24 (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. 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. 15.5 The commercial general liability policy shall name the City as an additional insured thereon, as its interests may appear. 15.6 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. 15.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 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. FY19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 10 of 24 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 party. 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 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: Jesus J. Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Grant Management Section Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth,TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth,TX 76102 SCC: Ken Shetter,Executive Director Safe City Commission 201 Main Street, Suite 2 Fort Worth, TX 76104 FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 11 of 24 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. 16.11 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 1-9 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. 16.12 It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 16.13 Contractors are 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. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records,which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, FY19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 12 of 24 CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SINGATURE PAGE FOLLOWS] FY19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION Page 13 of 24 IN WITNESS WHEREOF,the parties hereto have executed this agreement in multiples in Fort Worth,Tarrant County,Texas,to be effective this 1?01%day of ,201 V APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR SAFE T WORTH CITY COMMISSION ell-Jesus J.Chapa Ken Sheffer Assistant City Manager Executive Director Date: Date: APPCO NDED APPROVED AS TO FORM AND LEGALITY FOR SAFE CITY Chief Joel bFFitzierald COMMISSION Chief of Police Date: 16"/o� SCC Attorney APPROVED AS TO FORM AND Date: LD LEGALITY FOR CITY OF FORT WORTH ATT ORT Thomas R Hansen �►j' Assistant City Attorney Mary J.Kk4ef tl City Secretary *'• Date: Date: Form 1295 Certification No:2018-390365 M&C No. Asn 9z � ) Contract Compliance Manager: 40 v? , 2fa 4 p'31 5 By signing I acknowledge that I am the J 1 person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. "' Pa R" ORD Nam V►'A Title: Contract Compliance Specialiste 419'o! TX FYI ONE SAFE PLACE -- AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COIvL'vIISSION Page 14 of 24 EXHIBIT A SCOPE OF WORK Safe City Commission—One Safe Place One Safe Place One Safe Place, the Tarrant Regional Family Justice Center, is a collaboration of multiple partner agencies working together,under one roof, providing coordinated services to victims of domestic violence and their children. Through this partnership, clients are able to speak to an advocate and tell their story, complete a risk assessment, conduct safety planning and then discuss what options are available for them and their children. The Family Justice Center has 21 agencies that are working together to offer an array of services that include: counseling services, intake services, childcare, food and clothing assistance, immigration assistance,job skills training, law enforcement, legal assistance, parenting and relationship education, spiritual support, and health advocacy services. This team approach enhances collaboration between all organizations and eases the accessibility of services to domestic violence victims who are often in high risk situations. Additionally, victims are able to tell their story one time and are not having to be re-traumatized by telling their story to multiple agencies. This project will assist in funding the Family Justice Center Director, Family Therapist, Guest Services staff and Security personnel. The Family Justice Center Director is Michelle Morgan and she has 19 years' experience as a victim advocate with a Bachelor's Degree in Social Science with Criminal Justice and a Master's Degree in Management with Public Administration. The Family Therapist is Beth Hollingsworth who is a licensed marriage and family therapist in the State of Texas. She is certified in eye movement desensitization and reprocessing(EMDR) as an integrative psychotherapy approach that has been extensively researched and proven effective for the treatment of trauma. The Guest Services staff funded by this project is Brad Womack. He has been in this position for 2 years and has completed enhanced security training through City Center Security and cultural competency training offered at One Safe Place to enhance customer service skills. The security staff funded by this project are filled by multiple staff that work on a rotation basis. All staff that work in this capacity are have previous law enforcement experience or private security experience. All employees that work for One Safe Place are required to successfully pass a criminal background check and personnel files are maintained with documentation of each staff person. The family justice center model addresses crime prevention strategies by reducing domestic violence-related homicides,reductions in recidivism and increase in successful civil legal solutions and criminal prosecutions. Domestic violence is driving the crime FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT A Page 15 of 24 rate of cities across America and the family justice center project is an effective model that have proven successful with crime prevention strategies. The U. S. Department of Justice has designed the family justice center model as a best-practice model for domestic violence intervention and prevention. The risk assessment tool that is utilized during the intake process is an evidenced-based assessment conduct by Dr. Jackie Campbell (2004) from John Hopkins University http://www.dangerassessment.or . This assessment identifies risk factors that have been associated with increased risk of homicides of women and men in violent relationships. The project will achieve the following activities: working in a multi-disciplinary team setting,providing direct services to domestic violence victims and their children, the utilization of volunteers, and reducing intimate partner-related homicides. Direct services will be assessed utilizing a client services survey to determine if they were able to develop strategies to improve safety, increase in knowledge about domestic violence, and measure of hope theory. *Measures in Exhibit E have significantly changed for FYI to accurately reflect the current scope of work of the Family Justice Center program of One Safe Place FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT A Page 16 of 24 Exhibit B BUDGET NARRATIVE FISCAL YEAR 2019 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$170,399: a. 80% of the Family Justice Center Director's salary($72,134)—The Family Justice Center Director is responsible for all oversight of the Family Justice Center program including client service delivery, partnerships with FWPD and other agencies and oversight of all direct services employees. The Director will spend about 36 hours per week on this program. b. 51% of one Therapist's salary($26,265)—The family therapist will be responsible for initial screenings and follow up therapy sessions with any family justice center client who are in need of the service at no cost to the clients. The family therapist will spend 40 hours per week working in this role. Half of their salary is paid by a separate grant through the Office of the Governor's Criminal Justice Division. c. 100% of one Full-Time Guest Service employee's salary ($15/hr x 40 hrs x 52 weeks = $31,200 + approximately $3,800 in overtime = $35,000) — the guest services staff works the front desk at One Safe Place and greets all clients and visitors who come through the doors. The guest services staff checks-in clients, communicates with the agency they have appointments with, controls access to secured areas and acts as a central point of contact for all tenants. The guest services employee will spend approximately 40 hours per week on the program. d. 100% of several Part-Time Security employee's pay ($20-$25/hr x 20-25hrs per week = approximately $37,000) — the part-time guest services staff cover the opening and closing duties surrounding the time when the full-time staff is working. These employees will spend 20-25 hours per week on the program. B. Fringe Benefits: FICA for these same employees will be allocated in the amount of $13,035.00 Health/DentalNision Insurance for the 3 Full-Time employees will be allocated up to $43,971. The Therapists' Health & Dental insurance will be charged at a rate of 100% to the contract, all other fringe benefits are charged at the same rates as the personnel amounts. Total Fringe benefits allocated to the contract=$57,006.00. C. Travel and Training: N/A D. Equipment: N/A E. Supplies: N/A FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT B Page 17 of 24 F. Contracts/Consultants: N/A G. Other Approved: Facilities and Utilities costs up to $72,595 will be allocated to the Contract. Expenses include utilities, trash and cleaning services, insurance and telecommunication services. 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: N/A FY19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT B Page 18 of 24 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90%Minimum) Total $300,000.00 A.PERSONNEL Salaries $170,399.00 PERSONNEL TOTAL: $170,399.00 B.FRINGE BENEFITS FICA $13,035.00 Health Insurance $43,971.00 FRINGE BENEFITS TOTAL $57,006.00 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/CONSULTANTS TOTAL $0.00- G. OTHER APPROVED Facilities/Utilities—Electricity,Gas,Telecomm and Custodial $72,595.00 Services OTHER APPROVED TOTAL $72,595.00 INDIRECT PROGRAM COSTS(10%Maximum) Total $0.00 A.PERSONNEL None PERSONNEL TOTAL: $0.00 B. FRINGE BENEFITS None FRINGE BENEFITS TOTAL $0.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 FYI 9 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT B Page 19 of 24 D.EQUIPMENT None EQUIPMENT TOTAL $0.00 E.SUPPLIES None SUPPLIES TOTAL $0.00- F.CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $300,000.00 FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT B Page 20 of 24 FORT WORTH. Exhibit C �- Request for Reimbursement(RFR) FY 2019 CRIME CONTROL AND PREVENT19N7 DISPRICT Submit To: Submitting Agency- Safe City Commission-One Safe Place Bob Bolan Public Safety Complex Contact Name: Grant S mors Atter Keith Morris ,Phone Number. (817)502-7121 Financial Management Division Feil: asummers0onesafenlace.ora 505 West Felix St. Fort Worth, TX 76115 (Remit Address: 1100 Hemph171 St,Fort Worth TX 76104 jInvoice Number: Month ofRequest: DIRECT COSTS(90%Minimum) A B C D E Total of Previous +C) A-D Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 170,399.00 S - $ 170,399.00 B Fringe Benefits S 57,006.00 $ - S 57,006.00 C Travel&Training $ - $ - D Equipment $ - $ - E Supplies $ - $ - F Contracts/Consultants S - $ - G Other-Facilities/Utilities Is 72,595.00 S S 72,595.00 Total Direct Costs Is 300,000.00 S $ $ $ 300,000.00 INDIRECT COSTS(10%Ma)imum) A B C D E Total of Previous This Month's C)(B+ (A-D) Budget Category Budget Amount Reimbursements Request Total Requested Remaining Balance Requested To-Date Available A Personnel S - S - B Fringe Benefits S - S - C Travel&Training S - $ - D Equipment $ - S - E Supplies S - $ - F I Contracts/Consultants S $ Total lnDirectCosts Is $ s S $ Supporting documents required with monthly requests. Summary: This includes,timesheets depicting CCPD funded activities, Total Budget: S 300,000.00 copy of paychecks,invoices and receipts detailingall CCPD Previous Requests: S funded expenditures. This Request: S Total Requested To-Date S - Remaining Funds $ 300,000.00 I have reviewed this request and certify that these listed_expenses and support documentation are accurate. Authorized Signatory Signatory Title Date I Fiscal Agent Use Only Purchase Order At Fund Dept ID Account RFR Approved For Payment t Grant Staff Signature Date }TL Finance Received Stamp Placed Below FY 19 ONE SAF$PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT C Page 21 of 24 FORT OATH c,Z comwx &Paramm Dumcr Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency Safe City Commission—One Safe Place Contact Name Michelle Morgan Phone Number and Email (817) 502-7122/mmorgan@onesafeplace.org Remit Address 1100 Hemphill Street, Fort Worth,TX 76104 Activity Current To Date Year End Month Total Goal Total 1 Number of multi-disciplinary meetings 50 2 Number of families provided intake services at One Safe Place 1200 3 Number of incoming calls to One Safe Place 2640 4 Number of children identified and assessed who have witnessed 600 physical abuse in the home 5 Number of intern/volunteer hours coordinated through One Safe 2640 Place 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 FY 19 ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT D Page 22 of 24 FORT WORTH CwM COMMOL &PREvEmxm Dismcr Exhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Safe City Commission—One Safe Place Contact Name Michelle Morgan Phone Number and Email (817) 502-7122/mmorgan@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 85% of clients after the initial intake service will be able to develop strategies that improve their safety. Outcome Measure 2 85% of clients after the initial intake service will be more knowledge about domestic violence. Outcome Measure 3 90% of clients after the initial intake service will self-identify as "moderately hopeful'or"very hopeful." (The scale is 1-5, not hopeful (1), a little hopeful (2), neutral (3), moderately hopeful (4), very hopeful (5). Outcome Measure 4 40% of children who have witnessed violence will be connected to follow up services. Outcome Measure 5 25% reduction of intimate partner-related homicides in the City of Fort Worth. 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: 1:t Quarter(Oct-Dec)due January 15 2nd Quarter(Jan-Mar)due April 15 3`d Quarter(Apr-June)due July 15 4th Quarter(Jul-Sep)due October 15 FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT E Page 23 of 24 FFox�T W�oRT,H Cam¢co'.. &P•avr nom Disawcr • 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 2019 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 Equipment 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 detail what change 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 Q Modification NOT Approved FWPD Staff Signature Date FYI ONE SAFE PLACE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SAFE CITY COMMISSION -EXHIBIT F Page 24 of 24 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR 11 COUNCIL ACTION: Approved on 9/25/2018 DATE: 9/25/2018 REFERENCE C-28881 LOG NAME: 35SAFE CITY COMMISSION NO.: ONE SAFE PLACE FY19 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Agreement with Safe City Commission in the Amount of $300,000.00 to Operate One Safe Place as a Regional Family Justice Center in Tarrant County During Fiscal Year 2019(CCPD Funded) (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Safe City Commission in the amount of$300,000.00 to operate One Safe Place as a Regional Family Justice Center in Tarrant County during Fiscal Year 2019. 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 reimbursed during Fiscal Year 2019 in an amount up to $300,000.00 to cover portions of the salaries of the Family Justice Center, 1 family therapist, 1 intake coordinator, 1 full-time and several part-time reception personnel, and a portion of the operating expenses for the physical facility that will provide a centralized, streamlined location for victim advocacy and support. This Agreement will be effective October 1, 2018, and will end on September 30, 2019. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 Budget by City Council, funds will be available in the Fiscal Year 2019 Budget of the Crime Control and Prevention District Fund. The Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I I Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore (4223) ATTACHMENTS HB 1295 (One Safe Place).pdf - U CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l 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. 2018-390365 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 08/09/2018 being filed. City of Fort Worth Date Acknowledged: v -jr'i 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,goods,or other property to be provided under the contract FY2019 CCPD One Safe Place Family Justice Center Program 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION C - . My address is 1 11CJ"tr�t I 1 f�t� f -7410!�—, NM^�) (City) (s&*) (zip code) (country) 1 declare under penalty of perjury that the foregoing is true and correct Executed in �Q YfA Caunly,State of _ ,on the—day of (month) (year) Signature of uth ent of contracting business entity (Deciarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711