HomeMy WebLinkAboutContract 43845 CITY SECRETARY �,��
CONTRACT NO
STATE OF TEXAS §
COUNTIES OF TARRANT §
AND DENTON §
SERVICES AGREEMENT WITH ALLIANCE FOR CHILDREN, INC.
THIS Agreement is made between the City of Fort Worth ("City"), a municipal
corporation, acting herein by and through Charles W. Daniels, its duly authorized
Assistant City Manager, and the Alliance for Children, Inc., ("AFC") acting by and through
Nancy Hagan, its duly authorized Executive Director.
RECITALS
WHEREAS, the City has determined that the AFC provides services in
coordinating area agencies' activities against child abuse in the City;
WHEREAS, the City and AFC desire to enter into a contract to have such services
provided which benefit the Fort Worth community through the support of the center
director's salary and through public education about child abuse, recruitment of volunteers,
and emergency support for children;
WHEREAS, the City desires to enter into a contract with the AFC to provide such
services for the public purpose of combating child abuse; and
WHEREAS, the City, as consideration for the performance of the AFC child abuse
program, has appropriated monies in the Department's General Fund Budget in the amount
of$64,000.00 ("Program Funds") to provide to AFC for the operation of the child abuse
program;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
1. Responsibilities of AFC
AFC 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" — AFC
Performance Measures, attached, and incorporated herein for all purposes incident to this
Agreement. AFC shall be responsible for day-to-day administration of the Child Abuse
Program. AFC agrees to expend the Program Funds in accordance with its Child Abuse
Program budget, described in Exhibit "B," also attached and incorporated here for all
purposes incident to this agreement.
Services Agreement with Alliance For Children, Inc. FY 13
OFFICIAL
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2. Program Funds
2.1 In no event shall the total distributions of Program Funds from City made to the
AFC during the term of this Agreement exceed the total sum of $64,000.00. All of
AFC's expenditures under this Agreement must be completed prior to September 30,
2013.
2.2 Payment of the Program Funds from City to AFC shall be made on a quarterly
reimbursement basis following receipt by City from AFC of a signed and acceptable
invoice. Copies of all receipts for expenditures will be maintained by AFC and be made
available to City upon request and during any City audit of AFC's financial and
procurement records. AFC shall deliver to City a written detailed Program Narrative as
described in Section 4.2 below with each invoice to support expenditure of Program
Funds. Such narrative shall be signed by the AFT or duly authorized officer of the AFC.
The quarterly report shall be submitted to City no later than the 15`" day following the
end of each quarter. Submittal of a quarterly invoice and Program Narrative is required
even if no relevant services are provided. When services are not provided during a
quarter, a Program Narrative indicating services were not provided is required.
AFC shall submit a quarterly RFR with an original signature by an authorized
representative to the Contracts and Grants Division of the Fort Worth Police Department,
ATTENTION: Aya Ealy 350 W. Belknap, Fort Worth, Texas, 76102. Reimbursements
will not be made until after receipt by the City of an acceptable and approved RFR and a
quarterly programmatic report from the AFC. Reimbursements shall be made within 30
days of receipt of said documents.
2.3 AFC is authorized to adjust any categories in the budget in an amount not to
exceed 5% of the value of those particular categories without prior approval of City, as
long as the change does not cause the total budget to exceed the amount of the Program
Funds; however, AFC must notify City in writing of any such adjustments. Any
adjustment of more than 5% of any category requires written permission from City prior
to any budget adjustment being made. Any program income earned directly as a result of
the program must be reported quarterly and may be expended on the child abuse program
with written permission from the Contract Administrator (see paragraph 13.3). Budget
adjustments shall be submitted to the Contracts and Grants Management Division of the
Fort Worth Police Department, ATTENTION: Aya Ealy, 350 W. Belknap, Fort Worth,
Texas, 76102.
3. Term
The term of this Agreement is for a period beginning on October 1, 2012, and
ending on September 30, 2013. All of AFC's expenditures under this Agreement must be
completed prior to September 30, 2013.
Services Agreement with Alliance For Children, Inc. FY 13
2
4. Program Performance
4.1 AFC agrees to maintain complete and accurate documentation supporting the
performance of the work and fulfillment of the objectives set forth in Exhibit "A".
4.2 AFC agrees to provide a monthly Performance Narrative to document the
performance of the work described in Exhibit "A." The Performance Narrative 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.
Additionally, the Project Narrative must include any successes realized in descriptive
detail. The monthly Performance Narrative shall be submitted to City no later than the
15`h day after the end of each month.
5. Default and Termination
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program
Funds from the General Fund. All monies distributed to AFC hereunder shall be
exclusively from monies received from the General Fund, and not from any other monies
of City. In the event that funds from the General Fund are not timely 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 AFC under or in connection
with this Agreement.
5.2 If for any reason at any time during any term of this Agreement, City Council of
City fails to appropriate funds sufficient for City to fulfill its obligations under this
Agreement, City may terminate this Agreement; termination to be effective on the later of
(i) thirty (30) days following delivery by City to AFC of written notice of City's intention
to terminate or (ii) the last date for which funding has been appropriated by the City
Council for the purposes set forth in this Agreement.
5.3 This Agreement may be terminated by City, in whole or in part, whenever such
termination is determined by City to be in the best interest of City in the event of default
or inability to perform or to comply with the terms herein on the part of AFC, or for other
good cause.
5.4 Termination will be effected by delivering to AFC a notice of termination,
specifying the portion(s) of the Agreement affected and the effective date of termination.
Upon AFC's receipt of notice of termination, AFC 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 execute any 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
Services Agreement with Alliance For Children, Inc. FY 13
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(d) Cease expenditures of Program Funds, except as may be necessary for
completion of the work not terminated.
5.5 Within thirty (30) days following the date of termination of this Agreement, AFC
shall return to City any property provided hereunder or as so directed by the Contract
Administrator (see paragraph 13.3). City will have no responsibility or liability for AFC's
expenditures or actions occurring after the effective date of termination of the Agreement.
6. Administrative Reg nirements
6.1 AFC agrees to keep detailed and accurate 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 or until the completion
of any audit, whichever is later. 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 AFC under this Agreement. AFC, 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 AFC's operations will be undertaken and may be conducted either by City or an
independent auditor of City's choice. AFC shall submit a copy of any audit performed by
their independent auditor within 30 days of receipt of the final audit report.
6.2 If any audit reveals a questioned practice or expenditure, such questions must be
resolved within fifteen (15) days after notice to AFC by City. If questions are not
resolved within this period, City reserves the right to withhold further funding under this
and/or future contract(s) with AFC.
6.3 If, as a result of any audit, it is determined that AFC misused, misapplied or
misappropriated all or any part of the Program Funds, AFC 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.
6.4 AFC'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 Performance Narrative, making final payments, disposing of the AFC
Program assets as appropriate and as directed by City's Contract Administrator (see
paragraph 12.3.).
6.5 AFC covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by AFC under this Agreement,
and City shall have access at all reasonable hours to offices and records of the AFC, its
officers, members, agents, employees, and subcontractors for the purpose of such
monitoring.
Services Agreement with Alliance For Children, Inc. FY 13
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7. Independent Contractor
7.1 AFC shall operate hereunder as an independent contractor and not as an officer,
agent, or servant or employee of City. AFC shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and. shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees. The doctrine of respondeat superior shall not apply as between City
and AFC, 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 AFC. It is expressly understood and
agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the
AFC, nor any program participant hereunder is in the paid service of City and that City
does not have the legal right to control the details of the tasks performed hereunder by
AFC, its officers, members, agents, employees, subcontractors, program participants,
licensees or invitees.
7.2 City shall in no way nor under any circumstances be responsible for any property
belonging to AFC, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
damaged.
8. Indemnification
8.1 AFC covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants and employees from and against any and
all claims or suits for property loss or damage and/or personal injury, including death, to
any and all persons, of whatsoever kind or character, whether real or asserted, arising out
of or in connection with the execution, performance, attempted performance or
nonperformance of this agreement and/or the operations, activities and services of the
program described herein, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES
of, AFC OR SUBCONTRACTORS OR EMPLOYEES OF CITY; and AFC hereby
assumes all liability and responsibility of City and its officers, agents, servants, and
employees for any and all claims or suits for property loss or damage and/or personal
injury, including death, to any and all persons, of whatsoever kinds or character, whether
real or asserted, arising out of or in connection with the execution, performance,
attempted performance or non-performance of this contract and agreement and/or the
operations, activities and services of the programs described herein, WHETHER OR
NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF, AFCS OR
SUBCONTRACTORS OR EMPLOYEES OF CITY. AFC likewise covenants and agrees
to and does hereby indemnify and hold harmless City from and against any and all injury,
damage or destruction of property of City, arising out of or in connection with all acts or
omissions of AFC, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, WHETHER OR NOT CAUSED, IN WHOLE OR IN
Services Agreement with Alliance For Children, Inc. FY 13
5
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES,AFCS OR SUBCONTRACTORS OF CITY.
8.2 AFC agrees to and shall release City, its agents, employees, officers and legal
representatives from all liability for injury, death, damage or loss to persons or property
sustained in connection with or incidental to performance under this agreement, even if
the injury, death, damage or loss is caused by City's sole or concurrent negligence.
8.3 AFC 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.
9. Non-Assignment
No assignment or delegation of duties under this Agreement by AFC shall be
effective without City's prior written approval.
10. Prohibition Against Interest
10.1 No member, officer or employee of City, or its designees or agents; no member of
the governing body of the locality in which the AFC Program is situated; and no other
public official of such locality or localities who exercises any functions or responsibilities
with respect to the AFC Program during their 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. AFC shall incorporate, or cause to be incorporated, like
language prohibiting such interest, in all contracts and subcontracts hereunder.
10.2 No officer, employee, member or program participant of AFC 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 AFC of any
land, materials, supplies, or services purchased with any funds transferred hereunder,
except on behalf of AFC, as an officer, employee, member or program participant. Any
willful violation of this paragraph with the knowledge, expressed or implied, of AFC or
its subcontractors, shall render this Agreement voidable by City of Fort Worth.
11. Nondiscrimination
11.1 In accordance with federal, state and local laws and ordinances, AFC 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, or
statutory requirement.
11.2 AFC will not unlawfully discriminate against any person or persons because of
age, race, religion, age, disability, color, national origin, or familial status, nor will AFC
Services Agreement with Alliance For Children,Inc. FY 13
6
permit its officers, members, agents, employees, subcontractors or program participants
to engage in such discrimination.
12. Compliance
12.1 AFC, 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 AFC any
such violation on the part of AFC or any of its officers, members, agents, employees,
subcontractors or program participants, then AFC shall immediately desist from and
correct such violation.
12.2 AFC 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 AFC to
any such violations on the part of AFC or any of its officers, members, agents,
employees, program participants or subcontractors, then AFC shall immediately desist
from and correct such violation.
12.3 City designates Aya Ealy, Contract Services Administrator, 817-392-5406, to act
as Contract Administrator and delegates to this individual authority for Agreement
administration, compliance, and monitoring.
13. Waiver of Immunity
If AFC 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, AFC 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.
14. Insurance Requirement
14.1 AFC shall procure and shall maintain during the term of this Agreement the
following insurance coverage:
a. Commercial General Liability (CGL): $1,000,000 per occurrence, with a
$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's
Risk Manager.
b. Non-Profit Organization Liability or Directors & Officers Liability:
$100,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form
that is acceptable to the City's Risk Manager.
14.2 AFC'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.
Services Agreement with Alliance For Children,Inc. FY 13
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14.3 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.
14.4 AFC further agrees that it shall comply with the Worker's Compensation Act of
Texas and shall provide sufficient compensation insurance to protect AFC and City from
and against any and all Worker's Compensation claims arising from the work and
services provided under this Agreement.
15. Miscellaneous Provisions
15.1 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.
15.2 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.
15.3 Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attemptcd performance or non-performance of this Agreement,
venue for said action shall lie in Tarrant County, Texas.
15.4 AFC 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.
15.5 This written instrument and the exhibits attached hereto, which are incorporated
by reference and made a part of this Agreement for all purposes, 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 approved by each party.
15.6 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
written notice to the sending party.
Services Agreement with Alliance For Children, Inc. FY 13
8
1. CITY: Charles W. Daniels,Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies To: Aya Ealy, Contract Administrator
Fort Worth Police Department
350 W. Belknap Street
Fort Worth, TX 76102
2. AFC: Nancy Hagan, Executive Director
908 Southland Avenue
Fort Worth, TX 76104-3911
(817) 335-7172
(817) 348-1114
15.7 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.
15.8 AFC certifies that it has obtained a 501(c)(3) Certificate from the Internal
Revenue Service. AFC shall notify City in writing of any changes to its 501(c)(3) tax-
exempt status during the term of this Agreement.
15.9 Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
15.10 The provisions and conditions of this Agreement are solely for the benefit of City
and AFC and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Services Agreement with Alliance For Children, Inc. FY 13
9
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
multiples in Fort Worth, Tarrant County, Texas, to govern the responsibilities of the
parties as set forth herein as of October 1, 2012, regardless of the actual date of
execution.
CITY OF FORT WORTH ALLIANCE FOR CHILDREN,
INC.
C rles W. Daniels Nancy I a en
Assistant City Manager Execute e irector
e ey . Halstead
Chief of of Police
APPROVED AS TO FORM AND LEGALITY:
Jessica n yang
Assistant its Attorney
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Authorization:
Contract No.
M&C:
Services Agreement with Alliance For Children,Inc. FY 13 OFFICIAL RECORD
CITY SECRETARY
ET.WORTH TTX
"EXHIBIT A"
Alliance for Children Inc. Performance Measures
1. Facilitate 20 multidisciplinary case staffing meetings attended by Child Protective
Services investigators, Fort Worth Police Department detectives, assistant district
attorneys, medical staff from Cook Children's Hospital and Alliance For Children staff to
determine whether the needs of children and families involved in 300 cases requiring
review are being addressed by the child protection team.
2. Ensure 600 families involved in child abuse investigations at the Fort Worth Alliance
For Children center receive Family Assistance Guides when they arrive for a first time
visit to educate them on the investigation process, the child forensic interview, child
abuse dynamics, the healing services provided by Alliance For Children and other
community resources.
3. Educate 7,000 individuals on issues regarding child abuse through presentations,
counseling and literature.
Services Agreement with Alliance For Children, Inc. FY 13
11
"EXHIBIT B"
Alliance for Children, Inc. Program Budget
EXPENSE AMOUNT TOTAL
Salary $411000.00
Employee Insurance $374.64
Federal Tax $5,518.80
Medicare $594.48
Social Security $2,542.08
Total Center Coordinator Salary $50,030.00
Fort Worth Center Utility Expenses $139970.00
TOTAL EXPENSES $64,000.00
Services Agreement with Alliance For Children, Inc. FY 13
12
M&C Review Page 1 of 1
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTH
COUNCIL ACTION: Approved on 10/9/2012
DATE: 1019/2012 REFERENCE **C_25908 LOG NAME: 35ALLIANCEFORCHILDREN13
NO.:
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Alliance for Children in the Amount Not to Exceed
$64,000.00 to Assist with the Funding of Child Abuse Prevention Programs in the City of
Fort Worth (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Alliance for
Children in the amount not to exceed $64,000.00 in order to assist with the funding of Child Abuse
Prevention Programs.
DISCUSSION:
Alliance for Children provides coordination efforts for agencies investigating child abuse in order to
lessen the emotional trauma to child abuse victims and to improve the justice system's response to
child abuse. By uniting efforts between public agencies and enlisting community support, Alliance for
Children will use these funds to provide public education about child abuse, recruit volunteers and
provide children with emergency support. The budgeted amount will be applied toward operating
expenses and to support the Center Coordinator's salary.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0356115 $64.000.00
Submitted for Cily Mana a Office b Charles W. Daniels (6199)
Originating Department Head: Jeffrey W. Halstead (4210)
Additional Information Contact: Aya Ealy (4239)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17517&councildate=10/9/2012 10/15/2012