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HomeMy WebLinkAboutContract 54587 CSC#54587 AGREEMENT BETWEEN CITY OF FORT WORTH AND SAFE CITY COMMISSION FOR FUNDING FROM THE CRIME CONTROL AND PREVENTION DISTRICT 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, its duly authorized President. 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"); and WHEREAS, SCC shall act as a Support Service Provider who will provide administrative and facility services at One Safe Place FJC to the Fort Worth Police Department and other third party entities and programs; and WHEREAS, as consideration for the SCC's role as a Support Service Provider and its operation of One Safe Place FJC, City has appropriated in the Department's Crime Control and Prevention District ("CCPD") Fund Budget an amount of $345,000.00 ("Program Funds") to provide to SCC on a reimbursement basis, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Agreement between City and Safe City Commission 2. Exhibit A—Scope of Work: Cover Sheet and Requirements 3. Exhibit B—Request for Disbursement Form 4. Exhibit C—Corrective Action Plan Template 5. Exhibit D—Previous Year's Corrective Action Plan Exhibits A through D, 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, 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FY21 Partners with a Shared Mission Page 1 of 19 Agreement between CFW&SCC Support DEFINITIONS The term"City"shall include City,and its officers, agents,employees, and representatives. The term "SCC" shall include SCC, and its officers, agents, employees, representatives, servants, contractors, and subcontractors. The term"Party" shall refer to either City or SCC. The term"Parties" shall refer to both City and SCC. The term "Direct Service Provider" refers to an entity or program that primarily or exclusively serves the purpose of providing crime control and prevention related services directly to members of the public. The term "Support Service Provider" refers to an entity or program that primarily or exclusively serves the purpose of providing administrative and facility services to the Fort Worth Police Department and to at least four other, third-party entities or programs that provide crime control and prevention related services to directly to members of the public. AGREEMENT 1. Responsibilities of SCC 1.1 SCC covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit A. SCC shall be responsible for day-to- day administration of the One Safe Place FJC. SCC agrees to expend the Program Funds in accordance with the Scope of Work as described in Exhibit A that supports the activities performed by the City of Fort Worth Police Department and the four (4) other third-party Direct Service Providers that comply with the CCPD goals. 1.2 SCC agrees to maintain records documenting the total number of individuals who visit One Safe Place FJC; the number of individuals it serves; the total number of individual visits to each one of the Direct Service Providers supported by the SCC; and the Zip codes of the individuals served(Service Data). The SCC also agrees to require each Direct Service Provider it supports to, a minimum, maintain records of the entity or program's Service Data and submit monthly, quarterly,and annual Service Data reports to the SCC.The SCC shall furnish City staff with reports on a quarterly and annual basis that reflect both individual and aggregated Service Data for itself and all of the Direct Service Providers the SCC is supporting. 1.3 SCC agrees to complete and submit written agreements between the SCC and each of the 4 Direct Service Providers it supports, as well as an agreement with the Fort Worth Police Department. Such agreements should include, at a minimum, (i) the nature of the services to be provided by the Direct Service Provider receiving support from the SCC to demonstrate that the Direct Service Provider adequately align with the District's mission, (ii) the scope of FY21 Partners with a Shared Mission Page 2 of 19 Agreement between CFW&SCC Support administrative and facility support that is being provided to each of the Direct Service Providers being supported by the SCC, (iii) a description of the maintenance and reporting of Service Data that will ultimately be reported to the CCPD Board so that the CCPD Board may determine whether District funding is being used effectively, and (iv) reasonable procedures for dispute resolution between the parties so that Board has adequate assurance the parties have recourse against each other in the event questions or issues arise regarding use of District funds. 1.4 SCC agrees to perform an audit by an independent third-party at its own cost regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. If a funding recipient is already obtaining a general audit of its financial matters by an independent third-party, that audit may be used to satisfy this requirement so long as it specifically includes separate review of the records of CCPD funds. Such an audit may not be completed by an individual or firm that has audited the Contractor for the previous three consecutive years. 2. Support Funds 2.1 In no event shall the total distribution from City made to SCC during the term of this Agreement exceed the total sum of$345,000.00 ("Support Funds") or 30% of the Contractor's reported annual revenue, whichever is less. 2.2 Payment of the Support Funds from City to SCC shall be made on a disbursement basis following receipt by City from SCC of a signed Request for Disbursement ("RFD"), as described in Exhibit B—Request for Disbursement,to be accompanied by a revenue report outlining revenue amounts per source category for monies received during the month reported and the total revenue received after October 1, 2020. Such reports shall be signed by the SCC or its duly authorized officer. The RFD shall be submitted to City no later than the 15th day following the end of the applicable month. Submittal of a monthly RFD is required even if no revenue is received for that particular month. 2.3 The monthly RFD should be sequentially numbered and be accompanied by documentation directly from the SCC's accounting system. Submission must be scanned and submitted to the Grants and Program Management Section of the Fort Worth Police Department. Submissions should be titled "SCC — RFD Month" and sent either via email to CPD_Grants(rfortworthtexas.gov. Disbursements will not be made until after receipt of an acceptable and approved RFD. Additionally, a quarterly reporting of Direct Service Provider data is required as described in section 4.2 of this Agreement and must be approved prior to any disbursements. Disbursements shall be made within 30 days receipt of the required documents outlined above. Incomplete or incorrect submissions will be returned to the SCC for resubmission, restarting the 30-day disbursement schedule. 2.4 SCC will document cost allocations for all budgeted expenses throughout the entirety of the Agreement and will be responsible for having a policy and procedure in place for this documentation. Specifically, SCC will document how all shared costs, personnel time or equipment that was fully or partially paid for using CCPD funds, were used in furtherance of the activities described in this Agreement. Documentation of these cost allocations, as well as a copy FY21 Partners with a Shared Mission Page 3 of 19 Agreement between CFW&SCC Support of the SCC's policy and procedures for the documentation of the cost allocations shall be made available to the City upon request. 3. Term This Agreement shall commence upon October 1, 2020 ("Effective Date"), and shall end on September 30,2021 ("End Date"). All of Contractor's expenditures under this Agreement must be completed no later than September 30, 2021. The City reserves the right to withhold the final Request for Reimbursement until all required documents have been received by the Contractor. 4. Program Performance 4.1 Contractor agrees to maintain full documentation supporting the performance of the work and fulfillment of the objectives set forth in Exhibit"A." 4.2 SCC agrees to provide Quarterly Data Report and an Annual Executive Summary Report, both of which will be created subsequent to this agreement with input from the SCC. The Quarterly Data Report shall document the activities completed by the contracted third-party Direct Service Providers in support of the CCPD goals. Data shall be reported on a quarterly basis and included in the January,April,July,and October RFD.Additionally,an Annual Executive Summary Report must include descriptions of all realized successes and challenges realized during the contract period. The Annual Executive Summary Report shall be submitted to City no later than the 15th day of October. 4.3 SCC agrees that the monthly Request for Disbursement will be submitted to City no later than the 15th day after the end of each month. Should SCC not be able to meet these requirements in a given month, the SCC shall provide written notification prior to the deadline that details the expected date of submission. If no notification is received before the 15th day, the City may document for future corrective action. If,by the last day of the same month, SCC has not submitted the required reports, City will send a non-compliance letter notifying SCC's duly authorized representative of a possible suspension of program funding. 4.4 SCC agrees to complete a Corrective Action Plan ("CAP") in the event of three (3) consecutive months or six (6) non-consecutive months with incomplete, incorrect, or late reports or for SCC's failure to take corrective actions and responding to audit reports by the City. The City, in its sole discretion,will make the decision on whether either of these acts by the SCC have occurred, requiring a CAP. The CAP will contain the identified issue found by the City, how the SCC will correct that issue, who the responsible person will be to ensure completion, and a target completion date. An example of this form attached as Exhibit C. 4.5 A representative of SCC shall attend quarterly meetings of the Crime Control and Prevention District Board as requested. 5. Default and Termination 5.1 This Agreement is wholly conditioned upon the actual receipt by City of Support Funds FY21 Partners with a Shared Mission Page 4 of 19 Agreement between CFW&SCC Support from the CCPD. All monies distributed to Contractor hereunder shall be exclusively from monies received from the CCPD, and not from any other monies of City. In the event that funds from the CCPD are not received in whole or in part, City may, at its sole discretion, terminate this Agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Agreement. 5.2 In the event no funds or insufficient funds are appropriated by the City in any fiscal year for any payments due hereunder,City will notify SCC of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of payments herein agreed upon for which funds have been appropriated. 5.3 The City may terminate this Agreement at any time and for any reason by providing the other party with thirty(30) days' written notice of termination. 5.4 Termination will be effected by delivering to SCC a notice of termination, specifying the portion of the Agreement affected and the effective date of termination. Upon SCC's receipt of notice of termination, SCC shall: (a) Stop work under the Agreement on the date and to the extent specified in the notice of termination; (b) Place no further order or subcontracts, except as may be necessary for completion of the work not terminated; (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.5 In the event City suspends or terminates this Agreement, SCC expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs and attorney's fees. 5.6 Within thirty (30) days following the date of termination of this Agreement, SCC shall return to City any property provided hereunder. City will have no responsibility or liability for SCC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance All equipment purchased with Support Funds must meet all eligibility requirements of the City. SCC shall maintain all equipment used in the administration and execution as a Support Service Provider. SCC shall maintain, replace, or repair any item of equipment used in support of the Direct Service Providers,its facilities, and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement or repair of any equipment used in support of One Safe Place FJC and/or for use under the terms of this Agreement is the sole responsibility of SCC. SCC shall not use Support Funds to repair or replace said equipment. SCC shall use any and all equipment purchased with Support Funds exclusively in FY21 Partners with a Shared Mission Page 5 of 19 Agreement between CFW&SCC Support support of the One Safe Place FJC and to facilitate and support its Direct Service Providers.Within 10 days following the purchase of equipment, SCC shall submit to City a detailed inventory of all equipment purchased with Support Funds to the Grant Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment,the date each piece of equipment was purchased,the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Rep uirements 7.1 SCC agrees to keep sufficient records to document its adherence to applicable local, state, and federal regulations, along with documentation and records of all receipts and expenditures of Support Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of SCC under this Agreement. SCC, its officers, members, agents, employees, and subcontractors, upon demand by City, shall make such records readily available for investigation, examination, and audit. In the event of such audit by City, a single audit of all SCC's operations will be undertaken and may be conducted either by City or an independent auditor of City's choice. SCC shall submit a copy of any audit performed by their independent auditor within 30 days of receipt of the final audit report. 7.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen(15)days after notice to SCC by City. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future agreement(s)with SCC. 7.3 The SCC agrees to perform an independent third party audit of District funding at its own cost regarding the receipt and use of CCPD funding and to provide a copy of such audit report to City staff. If- a funding recipient is already obtaining a general audit of its financial matters by an independent third-party,that audit may be used-to satisfy this requirement so long as it specifically includes separate review of the records of CCPD funds. Because the independence of external audit firms is best maintained by changing firms regularly, if a funding recipient continues to use the same audit firm for more than three consecutive fiscal years, that fact will be reported to the Board and may result in the amount of funding to the recipient being reduced or eliminated. 7.4 If, as a result of any audit, it is determined that SCC misused, misapplied or misappropriated all or any part of the Support Funds, SCC agrees to reimburse City the amount of such monies so misused,misapplied or misappropriated,plus the amount of any sanction,penalty, or other charge levied against City because of such misuse, misapplication or misappropriation. 7.5 SCC's obligation to City shall not end until all closeout requirements are completed. The closeout requirements shall include, but are not limited to: 3 — 5 page annual report outlining successes of programs supported by SCC,annual external, audit report, and receipt of all quarterly data reports. 7.6 SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by SCC under this Agreement, and City shall have access at all reasonable hours to offices and records of SCC, its officers, members, agents, employees, FY21 Partners with a Shared Mission Page 6 of 19 Agreement between CFW&SCC Support and subcontractors for the purpose of such monitoring. 7.7 Throughout the term of this Agreement and for up to three months after its expiration, the City may periodically request, and the SCC will be required to provide, information for the purposes of evaluating the overall effectiveness of Crime Control and Prevention District(CCPD) funding. This information will include, but may not be limited to, the zip- codes of participating individuals of the programs)receiving CCPD funding. Requested information will consist solely of aggregated data without any personal identifiers. Further, any information requested will not be used in a way that would violate local, state, or federal statutes, regulations, or policies. If the SCC maintains the information the City is requesting, the SCC shall provide the requested information to the City within 30 days of receipt of the request. If the SCC does not maintain the requested information as of the date it receives the City's request, the SCC shall begin collecting such information as of that date, shall provide an initial response regarding that information within sixty days, and shall thereafter update that information on request. If necessary, an amendment may be brought forward to identify additional specific metrics that SCC will be required to maintain and provide to the City to evaluate the effectiveness of the Crime Control and Prevention District Funding. Section 7 shall survive the expiration or termination of this Agreement. 8. Independent Contractor 8.1 SCC shall operate hereunder as an independent contractor and not as an officer, agent, or servant or employee of City. SCC shall have exclusive control of,and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees,subcontractors,program participants,licensees,or invitees. The doctrine of respondent superior shall not apply as between City and SCC, its officers, members, agents, servants, employees, subcontractors,program participants, licensees, or invitee, and nothing herein shall be construed as creating a partnership or joint enterprise between City and SCC. No federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by City on behalf of SCC. SCC shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, or invitees of SCC, and any program participants hereunder are not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan provided by City. It is expressly understood and agreed that City does not have the legal right to control the details of the tasks performed hereunder by SCC, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees. 8.2 City shall in no way nor under any circumstances be responsible for any property belonging FY21 Partners with a Shared Mission Page 7 of 19 Agreement between CFW&SCC Support 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 CONTRACTOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. SCC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY 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) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,CONTRACTORS (OTHER THAN THE CITY),OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. SCC shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment No assignment or delegation of duties under this Agreement by SCC shall be effective without City's prior written approval. 11. Prohibition against Interest 11.1 No member, officer, or employee of City, or its designees or agents; no member of the FY21 Partners with a Shared Mission Page 8 of 19 Agreement between CFW&SCC Support governing body of the locality in which the SCC is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the SCC during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. SCC shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee, member, or program participant of SCC shall have a financial interest, direct or indirect,in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to SCC of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of SCC,as an officer,employee, member, or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of SCC or its subcontractors, shall render this Agreement voidable by City of Fort Worth. 12. Nondiscrimination 12.1 In accordance with the federal, state, and local laws and ordinances, SCC covenants that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement shall in connection with the employment, advancement, or discharge of employees, in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification,retirement plan, statutory requirement, or statutory or ordinance exception. 12.2 SCC will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will SCC permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 If any claim arises from an alleged violation of this non-discrimination covenant by SCC, its personal representative, assigns, subcontractors or successors in interest, SCC agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. This section shall survive the expiration or termination of this Agreement. 13. Compliance 13.1 SCC, its officers, members, agents, employees, program participants, and subcontractors, shall abide by and comply with all laws, federal, state, and local, including all ordinances, rules, and regulations of City. If City calls to the attention of SCC in writing any such violation on the part of SCC or any of its officers, members, agents, employees, subcontractors, or program participants, then SCC shall immediately desist from and correct such violation. 13.2 SCC shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of SCC in writing to any such FY21 Partners with a Shared Mission Page 9 of 19 Agreement between CFW&SCC Support violations on the part of SCC or any of its officers, members, agents, employees, program participants, or subcontractors,then SCC shall immediately desist from and correct such violation. 14. Governmental Powers It is understood that be execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. Waiver of Immunity If SCC is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; SCC hereby expressly waives its rights to plead defensively such immunity or exemption as against City.This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 16. Insurance Requirement 16.1 SCC shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability(y CGL): $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and$100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interest of the City. 16.2 SCC's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement,except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 16.4 SCC further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect SCC and City from and against any and all Worker's Compensation claims arising from the work and services provided under this FY21 Partners with a Shared Mission Page 10 of 19 Agreement between CFW&SCC Support Agreement. 16.5 The commercial general liability policy shall name the City as an additional insured thereon, as its interests may appear. 16.6 A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten(10)days'notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 16.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 17. Miscellaneous Provisions 17.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court or Federal or state agency, board, or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 17.2 City's failure to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. 17.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this Agreement,venue for said action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17.4 Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement and to perform the responsibilities herein required. 17.5 This written instrument and Exhibits "A" through "D" constitute the entire agreement between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each Party. 17.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle;(ii)with proper postage(certified mail,return receipt requested); and (iii) addressed to the other party at the address as follows or at such other address as the receiving party designates by proper notice to the sending party: FY21 Partners with a Shared Mission Page 11 of 19 Agreement between CFW&SCC Support CITY: Jesus Chapa, Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Contract Compliance Specialist Financial Management Division Bob Bolen Public Safety Complex 505 West Felix St. Fort Worth, TX 76115 City Attorney's Office Attn: Police Contracts 200 Texas Street Fort Worth, TX 76102 CONTRACTOR: Safe City Commission Ken Shetter, President 1100 Hemphill St. Fort Worth, TX, 76104 17.7 None of the performance rendered under this Agreement shall involve, and no portion of the Program Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance, or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit,directly or indirectly, any such sectarian or religious facility or activity. 17.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 17.9 The provisions and conditions of this Agreement are solely for the benefit of City and SCC and are not intended to create any rights, contractual or otherwise, to any other person or entity. 17.10 The parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 17.11 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, FY21 Partners with a Shared Mission Page 12 of 19 Agreement between CFW&SCC Support OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Contractor,shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 17.12 SCC is required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. SCC will be responsible for conducting criminal background screening and for maintaining appropriate records which will be subject to review by the city. SCC SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SCC, SCC'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] FY21 Partners with a Shared Mission Page 13 of 19 Agreement between CFW&SCC Support IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective this day of 120 APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR SAFE OF FORT WORTH CITY COMMISSION Jesus J.Chapa(Sep 29,2020 08:58 CDT) ken shelter(Sep 28,202010:08 CDT) Jesus J. Chapa Ken Shetter Assistant City Manager President Date: Sep 29,2020 Date: Sep 28, 2020 APPROVAL RECOMMENDED APPROVED AS TO FORM AND Ed��KrAak LEGALITY FOR SAFE CITY Edwin Kraus(Sep 28,202018:58 CDT) COMMISSION Edwin Kraus Chief of Police Date: Sep 28, 2020 Attorney for Safe City Commission 4,dp44�Il�� Date: ba FOnr 0a off° o d APPROVED AS TO FORM AND °vp LEGALITY FOR CITY OF FORT ATTESTo o=� WORTH 2 ° ° - r Ronald P.Gonzales(Oct 1,202010:1 T) �nE4pS,00- r� Mary J. Kayser Taylor Paris City Secretary Assistant City Attorney Date: Oct 1,2020 Date: Sep 29, 2020 M&C No. 20-0633 1295 CERTIFICATION: 2020-643778 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. K�7e,'— Keith Morris Contract Compliance Manager Date: Sep 28,2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FY21 Partners with a Shared Mission Page 14 of 19 Agreement between CFW&SCC Support EXHIBIT A: SCOPE OF WORK-COVER SHEET CONTRACTOR: Safe City Commission AMOUNT REQUESTED: $345,000.00 PROGRAM/PROJECT TITLE: Family Justice Center DIRECTOR: Ken Sheffer PHONE NUMBER: (817)885-7774 PHYSICAL ADDRESS: 1100 Hemphill Street,Fort Worth Texas,76104 CONTACT PERSON: Michelle Morgan EMAIL ADDRESS: mmorgan@onesafeplace.org PHONE NUMBER: (817)502-7122 FAX NUMBER: (817)877-5923 GEOGRAPHICAL AREA/COUNCIL DISTRICT SERVED: Please mark all that apply Q Specific Zip Code(s)—Specify below: Q City Wide(ALL) O Council District 3 Q Council District 4 Q Council District 2 Q Council District 6 Q Council District 7 Q Council District 5 Q Council District 8 Q Council District 9 CONTRACTOR STATUS: ® Registered Private Nonprofit(5010) ❑ Registered Public Nonprofit CCPD PROGRAM FOCUS AREA—see page 2 ❑ After School Program ❑ Safe Haven Youth Program ❑ Comin' Up Gang X Family Justice Center ❑ Crime Prevention Agency Partnership MARK THE APPLICABLE CCPD GOAL(S)—see"Definitions of Underlined Terms"before making a selection ® Reduce violent crime through crime prevention programs ❑ Reduce gang-related activities through crime prevention programs ❑ Increase safety in neighborhoods(see"Direct Neighborhood Project") ❑ Decrease crime in neighborhoods(see"Direct Neighborhood Project") ❑ Increase the jsqfLe1y of youth through crime prevention programs or intervention programs ❑ Reduce juvenile crime through crime prevention programs or intervention programs. MARK(IF APPLICABLE) THE CCPD SPECIAL EMPHASIS ❑ Program incorporates literacy instruction/skills for children ages 0-9. MARK THE PRIMARY TARGET POPULATION(S) ❑ Previously Adjudicated ❑ Never Adjudicated ❑ Children of Adjudicated X Adults X Children X Parents CERTIFICATION: I certify that the information contained in this contract fairly represents the above-named Contractor's operating plans and budget. I acknowledge that I have read and understand the requirements and will comply with all applicable rules and regulations relating to the contract process. I certify that I am authorized to sign this form and to enter into and execute a contract with the City of Fort Worth to provide the services authorized. NAME: Ken Shetter TITLE: President SIGNATURE: �,� DATE• Sep 28,2020 ken shetter(Se�.2020 M08 CDT) FY21 Partners with a Shared Mission Page 15 of 19 Agreement between CFW&SCC Support Exhibit A Exhibit A SCOPE OF WORK-REQUIREMENTS The Scope of Work for a Support Service Provider is limited to the Administrative and Facility benefits provided to Direct Service Providers that comply with the mission of the Crime Control and Prevention District. Requirement#1: CCPD funding provided to the organization may not represent more than thirty percent (30%) of the Support Service Provider's documented total annual revenues. Compliance: The provider must raise and report sufficient revenue on the Exhibit B: Request for Disbursement to receive monthly reimbursements. Reimbursement will be calculated based on the following equation(Total Month-End Revenue- .7—Total Month-End Revenue) Requirement#2: Provide administrative and facility services to the Fort Worth Police Department and to at least four other, third-party entities or programs that provide crime control and prevention related services directly to members of the public. Agreements must include: (i) Description of the services provided by the entities and programs that adequately relates to and aligns with the District's mission, (ii) Description demonstrating adequate support provided to the entity or programs by the Support Services Provider, (iii) Requirements regarding maintenance and reporting of Service Data, and (iv) A reasonable dispute resolution between the parties so that the Board has adequate assurance the parties have recourse against each other in the event questions or issues arise regarding use of District funds. Compliance: Submit for FWD staff review, signed agreements with each third-party entity or program by December 315t, 2020. Requirement#3: Report on a quarterly basis and require each entity and program it supports to, at a minimum, (i)maintain records of the entity or program's Service Data; and(ii) submit monthly, quarterly, and annual Service Data reports to the Support Service Provider. The Support Service Provider shall furnish City staff with reports on a quarterly and annual basis that reflect both individual and aggregated Service Data for itself and all of the agencies and programs the Support Service Provider is supporting. Staff will provide quarterly reports to the Board regarding the Service Data for all Support Service Providers and the programs and agencies that each one supports. Compliance: 1. Complete a description of reportable data and submit with third-party agreements (mentioned above)by December 315t, 2020 2. Submit quarterly data on January 15th, 2021; April 15th, 2021; July 15th, 2021; October 15, 2021 Requirement#4: Provide an Annual Executive Summary Report describing the successes and challenges experience during the contract period. Compliance: Provide a 3-5 page Annual Executive Summary Report by October 15th, 2021 for approval by staff. Final draft should be finalized ahead of the CCPD November meeting. FY21 Partners with a Shared Mission Page 16 of 19 Agreement between CFW&SCC Support Exhibit A FQ RT WQ RT H Exhibit B Request for Disbursement FY 2021 CRIME CONTROL AND PREVENTION DISTRICT Submit To: Submitting Agency: Safe City Commission-FJC Bob Bolen Public Safety Complex Contact Name: Grant Summers Attn:Keith Morris Phone Number: 817-502-7121 Financial Management Division Email: gsummersAonesafeplace.org 505 West Felix St. Remit Address: 1100 Hemphill Street,Fort Worth TX Fort Worth,TX 76115 Invoice Number: Month of Request: A B Revenue Category Revenue Reported Previous Revenue This Month Reported to Date Capital Campaign Corporate Donations Events Facility Fees Federated Funds Fees for Service Foundation/Public Charity Government Grants Individual Donations Interest Merchandise Sales Other leasespecify below Crime Stoppers 2. 3 This th's Previous Disbursements Requeue st 4. Totals $ $ $ $ Summary Total Budget: $ 345,000.00 Previous Requests: $ This Request: $ Total Requested To-Date $ Remaining Funds $ 345,000.00 I have reviewed this request and certify that the information on this form is true to the best of my knowledge. Authorized Signatory Signatory Title Date Fiscal Agent Use Only Purchase Order# Fund Dept M Account RFR Approved For Payment Grant Staff Signature Date Finance Received Stamp Placed Below FY21 Partners with a Shared Mission Page 17 of 19 Agreement between CFW&SCC Support Exhibit B 00 W W W a c `o p � � CA � o O � •� b 0 C� oa PC z a +� o .1 , .� A Z N en 03 EU c o L c o c © d w tG E s Q C 4 ell y [� O — N N N N w A C e w � G O O C C4 y 4r U A "C C a G d L r. CO a m a, o Qo Qn A. a L w a a o Z u y O �+ .0 A O L. w ',� d bn qvl a� cd L° � � co � U q +�- .0 O b�A '� D La7z cs 4 © Z O y > cad v 'D }� n C �6] Cad L ' y M > U cn Cd O U L, z U F D as y O g C 0.•O �.' p..O �" tq bA'CJ .�.. R.,O L cc U 1 O V �•~ U U co U U U C3 U = zbib U 'd t1U U p ++ hUA O bA `1:0 O bA bA bA O bA d Q a. ?�•- !�. ti 4+ L Q. Q ». to •s:. A 00 Qh cl A+ .. QC Q Z 9/8/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 9/1/2020 REFERENCE**M&C 20- LOG 35SAFE CITY COMMISSION SUPPORT NO.: 0633 NAME: PROVIDER PROGRAM FY21 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Agreement with Safe City Commission in the Amount of $345,000.00 to Operate One Safe Place as a Regional Family Justice Center in Tarrant County During Fiscal Year 2021 RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Safe City Commission in the amount of$345,000.00 to operate One Safe Place as a Regional Family Justice Center in Tarrant County during Fiscal Year 2021. DISCUSSION: One Safe Place, a Regional Family Justice Center, brings together a multi-agency task force dedicated to providing coordinated services to victims of domestic violence and sexual assault in Tarrant County. Victims of domestic violence receive coordinated medical, legal, and counseling services and have access to on-site professionals. The on-site professionals include child protective services, law enforcement personnel, prosecutors, and victim advocate specialists. The increased access to professional services at one centralized location encourages victims of domestic violence to report the abuse, provides victims with access to necessary services, and creates an opportunity to break the cycle of violence. The City of Fort Worth worked closely with Safe City Commission (SCC)to develop the vision of One Safe Place. Under the terms of the agreement, SCC will be disbursed during Fiscal Year 2021 an amount up to $345,000.00 to cover administration and facilities expenses as a Support Service Provider under the terms of the CCPD Financial Policy. SCC will provide this support to the Fort Worth Police Department and four third party CCPD mission eligible direct service providers. This agreement will be effective October 1, 2020, and will end on September 30, 2021. One Safe Place provides services to ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year 2021 Operating Budget, as appropriated, in the Crime Control & Prev Distr fund. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity BudgetT Reference# Amount fi ID ID Year (Charteld 2) T FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Ed Kraus (4231) apps.cfwnet.org/council_packet/mc_review.asp?I D=28202&councildate=9/l/2020 1/2 9/8/2020 M&C Review Additional Information Contact: Keith Morris (4243) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=28202&councildate=9/l/2020 2/2 9/2/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 9/1/2020 REFERENCE**M&C 20- LOG 35SAFE CITY COMMISSION SUPPORT NO.: 0633 NAME: PROVIDER PROGRAM FY21 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Agreement with Safe City Commission in the Amount of $345,000.00 to Operate One Safe Place as a Regional Family Justice Center in Tarrant County During Fiscal Year 2021 RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Safe City Commission in the amount of$345,000.00 to operate One Safe Place as a Regional Family Justice Center in Tarrant County during Fiscal Year 2021. DISCUSSION: One Safe Place, a Regional Family Justice Center, brings together a multi-agency task force dedicated to providing coordinated services to victims of domestic violence and sexual assault in Tarrant County. Victims of domestic violence receive coordinated medical, legal, and counseling services and have access to on-site professionals. The on-site professionals include child protective services, law enforcement personnel, prosecutors, and victim advocate specialists. The increased access to professional services at one centralized location encourages victims of domestic violence to report the abuse, provides victims with access to necessary services, and creates an opportunity to break the cycle of violence. The City of Fort Worth worked closely with Safe City Commission (SCC)to develop the vision of One Safe Place. Under the terms of the agreement, SCC will be disbursed during Fiscal Year 2021 an amount up to $345,000.00 to cover administration and facilities expenses as a Support Service Provider under the terms of the CCPD Financial Policy. SCC will provide this support to the Fort Worth Police Department and four third party CCPD mission eligible direct service providers. This agreement will be effective October 1, 2020, and will end on September 30, 2021. One Safe Place provides services to ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year 2021 Operating Budget, as appropriated, in the Crime Control & Prev Distr fund. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity BudgetT Reference# Amount fi ID ID Year (Charteld 2) T FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Ed Kraus (4231) apps.cfwnet.org/council_packet/mc_review.asp?I D=28202&councildate=9/l/2020 1/2 9/2/2020 M&C Review Additional Information Contact: Keith Morris (4243) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=28202&councildate=9/l/2020 2/2