HomeMy WebLinkAboutContract 61266Contractor Services Agreement –Safe Haven of Tarrant County Page 1 of 14
CONTRACTOR SERVICES AGREEMENT
_____________________________________________________________________________
This CONTRACTOR SERVICES AGREEMENT (“Agreement”) is made and entered into by
and between the CITY OF FORT WORTH (“City”), a Texas home rule municipal corporation, and Safe
Haven of Tarrant County(“Contractor”), each individually referred to as a “party” and collectively referred
to as the “parties.”
1.Scope of Services. Contractor will provide Domestic Violence Program Services for City
residents (“Services”), as set forth in more detail in Exhibit “A,” attached hereto and incorporated herein
for all purposes.
1.1. Contractor Obligations and Material Deviations.The attached Program Summary in
Exhibit “A” details the Services to be provided by Contractor. The Exhibit also provides an
estimated number of clients that Contactor will serve, based on Contractor’s history providing
similar services. While these are not hard numbers that must be met, both Parties agree that in the
event of a material deviation from these numbers, as determined in City’s sole discretion, a breach
of contract will exist. In such event, City reserves the right to delay or withhold payment or lower
Contractor’s allocation of funding.
2.Term. This Agreement begins on October 1, 2023 (“Effective Date”) and expires on
September 30, 2024 (“Expiration Date”), unless terminated earlier in accordance with this Agreement
(“Initial Term”).
3. Compensation.
3.1 General Provisions. City will pay Contractor in accordance with the provisions of this Agreement,
including Exhibit “B,” which is attached hereto and incorporated herein for all purposes. Total annual
compensation under this Agreement will not exceed SIXTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($67,500.00). Contractor will not perform any additional services or bill for expenses incurred
for City not specified by this Agreement unless City requests and approves in writing the additional costs
for such services. City will not be liable for any additional expenses of Contractor not specified by this
Agreement unless City first approves such expenses in writing.
3.2 Quarterly Reports Required.The distribution of funds to Contractor under this Agreement is
conditioned upon Contractor’s submission of quarterly reporting of financial and service statistics,
attached hereto as Exhibit “C.” Submissions are due on the following deadlines:
Contractor Services Agreement –Safe Haven of Tarrant County Page 2 of 14
REPORT DUE DATE FINANCIAL AND PROGRAM
DATA
January 20, 2024 (Service Period: October 1, 2023 –
December 31, 2023)
1st Quarter Report
April 20, 2024 (Service Period: January 1, 2024 –
March 31, 2024)
2nd Quarter Report
July 20, 2024 (Service Period: April 1, 2024 – June
30, 2024)
3rd Quarter Report
October 20, 2024 (Service Period: July 1, 2024 –
September 30, 2024)
4th Quarter (Year-End) Report
3.2.1. Failure to Submit Reports. Failure to submit quarterly reports to City will be an event of
default of this Agreement. City will notify Contractor in writing of such default and Contractor will have
5 calendar days from the date of the written notice to submit the quarterly report to cure the default. If
Contractor fails to cure the default within such time, Contractor will forfeit any payments otherwise due
that quarter.
4. Termination.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and
for any reason by providing the other party with 30 days’ written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up
to the effective date of termination and Contractor will continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor will return all City provided data to City in a machine-readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City (“City Information”) as
Contractor Services Agreement –Safe Haven of Tarrant County Page 3 of 14
confidential and will not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Contractor must store and maintain City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Contractor must notify City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised, in which
event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have
access during normal working hours to all necessary Contractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
City will give Contractor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Contractor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, vendors, and subcontractors. Contractor acknowledges that the doctrine of respondeat
superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its
officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that
nothing herein will be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither
Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees,
contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - CONTRACTOR WILL 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
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ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION – Contractor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City’s use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Contractor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Contractor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City’s interest, and City agrees to cooperate
with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Contractor will fully participate and
cooperate with City in defense of such claim or action. City agrees to give Contractor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City’s assumption of payment of costs or expenses
will not eliminate Contractor’s duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Contractor will, at its own expense and as City's sole remedy, either: (a) procure
for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
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9.Assignment and Subcontracting.
9.1 Assignment. Contractor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Contractor under which
the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement.
Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective
date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Contractor referencing this Agreement under which subcontractor agrees
to be bound by the duties and obligations of Contractor under this Agreement as such duties and
obligations may apply. Contractor must provide City with a fully executed copy of any such
subcontract.
10.Insurance. Contractor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Contractor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. “Any
vehicle” will be any vehicle owned, hired and non-owned.
(c) Worker’s Compensation:
Statutory limits according to the Texas Workers’ Compensation Act or any other
state workers’ compensation laws where the Services are being performed
Employers’ liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
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Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers’ compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days’ notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days’ notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all
required insurance will be delivered to the City prior to Contractor proceeding with
any work pursuant to this Agreement.
11.Compliance with Laws, Ordinances, Rules and Regulations. Contractor agrees that in
the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately
desist from and correct the violation.
12.Non-Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor’s duties and obligations hereunder, it will not discriminate in the
treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY
CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION
COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
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AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13.Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney’s Office at
same address
To CONTRACTOR:
Kathryn Jacob
President and CEO
Safe Haven of Tarrant County
1010 N. Center Street
Arlington, TX 76011
14.Solicitation of Employees. Neither City nor Contractor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15.Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16.No Waiver. The failure of City or Contractor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's
or Contractor’s respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17.Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18.Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19.Force Majeure. City and Contractor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
Contractor Services Agreement –Safe Haven of Tarrant County Page 8 of 14
or inaction; orders of government;material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, “Force Majeure Event”). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party’s performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20.Headings not Controlling.Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21.Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or its Exhibits.
22.Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23.Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24.Warranty of Services. Contractor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Contractor’s
option, Contractor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming
services.
25.Immigration Nationality Act.Contractor must 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 will provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor must 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 WILL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR’S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
26.Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, “Work Product”). Further, City
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will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest
in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade
secret, and all other proprietary rights therein, that City may have or obtain, without further consideration,
free from any claim, lien for balance due, or rights of retention thereto on the part of City.
27.Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
28.Change in Company Name or Ownership. Contractor must notify City’s Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Contractor or authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, copy of the
board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure
to provide the specified documentation so may adversely impact future invoice payments.
29.No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
“boycott Israel” and “company” has the meanings ascribed to those terms in Section 2271 of the Texas
Government Code. By signing this Agreement, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
30.Prohibition on Boycotting Energy Companies. Contractor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the City with a company with 10 or more full-time employees unless the contract contains
a written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies
that Contractor’s signature provides written verification to City that Contractor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31.Prohibition on Discrimination Against Firearm and Ammunition Industries.
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
Contractor Services Agreement –Safe Haven of Tarrant County Page 10 of 14
time employees unless the contract contains a written verification from the company that it: (1) does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Contractor certifies that Contractor’s signature provides
written verification to City that Contractor: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
32.Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, “electronic signature” means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33.Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: ___________________________
Name: Fernando Costa
Title: Assistant City Manager
Date: _______________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Amy Connolly
Title: Neighborhood Services Assistant Director
REVIEWED/APPROVED:
By: ______________________________
Name: Ronald Gonzales
Title: Assistant City Secretary
ATTEST:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary
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.
By: ______________________________
Name: Terrance Jones
Title: Neighborhood Services Manager
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0238 03/26/24
Form 1295:2024-1124140 02/14/24
Contractor:Safe Haven of Tarrant County
By:
Name: Kathryn Jacob
Title: President and CEO
Contractor Services Agreement –Safe Haven of Tarrant County Page 12 of 14
EXHIBIT A
PROGRAM SUMMARY
OCTOBER 1, 2023 – SEPTEMBER 30, 2024 $67,500.00
PROGRAM:
Safe Haven of Tarrant County – Domestic Violence Emergency Shelter
Safe Haven of Tarrant County operates the only state-designated family violence center in Tarrant County.
It also operates Tarrant County’s only emergency shelters specifically for individuals and families fleeing
domestic violence, one of which is located in and serves Fort Worth.
Funding provided supports the personnel costs for client advocates who provide direct services to victims
of domestic violence via the agency’s 24-hour Crisis Hotline and within the emergency shelter. Advocates
are on site in the shelter 24 hours per day to address clients’ needs for safe shelter, food, clothing, and other
materials and services needed for daily living. Advocates assess hotline callers’ individual situations to
determine their individual safety risk and service needs, and then connect them to the appropriate services
within Safe Haven or through community partner organizations. Advocates assist clients coming into
shelter, even when they are brought in during the night by law enforcement or other referring entities.
For Fiscal Year 2023-2024, Safe Haven’s advocates will serve 600 unduplicated clients in the Fort Worth
shelter.
City Secretary Contract No. _____________
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EXHIBIT B
PAYMENT SCHEDULE
The distribution of funds to Contractor under this Agreement is conditioned upon Contractor’s
submission of quarterly reporting of financial and service statistics, attached hereto as Exhibit
“C.” Submissions are due on the following deadlines:
REPORT DUE DATE FINANCIAL AND PROGRAM
DATA
January 20, 2024 (Service dates: October 1, 2023 –
December 31, 2023)
1st Quarter Report
April 20, 2024 (Service dates: January 1, 2024 –
March 31, 2024)
2nd Quarter Report
July 20, 2024 (Service dates: April 1, 2024 – June 30,
2024)
3rd Quarter Report
October 20, 2024 (Service dates: July 1, 2024 –
September 30, 2024)
4th Quarter (Year-End) Report
Data reported to City of Fort Worth using Exhibit “C” will be reviewed by Neighborhood Services
Department staff. Upon approval, City of Fort Worth will distribute funds as follows:
AWARD
AMOUNT
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4
$67,500.00 $16,875.00 $16,875.00 $16,875.00 $16,875.00
Contractor Services Agreement –Safe Haven of Tarrant County Page 14 of 14
EXHIBIT C
SECTION I/SECTION II
QUARTERLY REPORT
CITY OF FORT WORTH
NEIGHBORHOOD SERVICES DEPARTMENT
200 TEXAS STREET | FORT WORTH, TX 76102 | (817) 392-7540 | FAX (817) 392-7328
Name:
Address:
CFW Contract No.
CFW Fund Year:
Total Annual Allocation:
Percent of Total Budget:
Report Quarter Ending: Quarter 1
December 31
Quarter 2
March 31
Quarter 3
June 30
Quarter 4
September 30
Total
Section I. Expense Classification:
TOTAL EXPENSES
Report Quarter Ending: Quarter 1
December 31
Quarter 2
March 31
Quarter 3
June 30
Quarter 4
September 30
Total
Section II: Goals/Services
Add Your Agency’s Outcomes
Administration and monitoring of contracts:
Admin costs of not more than 25%
Agency Goals/Services
Agency Goals/Services
Agency Goals/Services
Signature - Preparer Date Signature – Award Administrator Date
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0238
LOG NAME: 19FY24 SOCIAL PROGRAMS IN FORT WORTH
SUBJECT
(ALL) Authorize the Execution of Contracts with My Health My Resources of Tarrant County, Recovery Resource Council, Safe Haven of Tarrant
County, and The Women's Center of Tarrant County in the Aggregate Amount of $199,500.00 to Provide Social Service Programs for the Benefit
of the Entire Fort Worth Community for Fiscal Year 2024, Find that the Contracts Serve A Public Purpose, and that Adequate Controls are in Place
RECOMMENDATION:
It is recommended that the City Council authorize the execution of contracts with My Health My Resources of Tarrant County, Recovery Resource
Council, Safe Haven of Tarrant County, and The Women's Center of Tarrant County in the aggregate amount of $199,500.00 to provide social
service programs that met the City's criteria for serving a public purpose to benefit the Fort Worth community for Fiscal Year 2024, find that the
contracts serve a public purpose, and that adequate controls are in place.
DISCUSSION:
During the Fiscal Year (FY) 2024 budget process, the City Council approved financial support for the United Way of Tarrant County (United Way) in
the amount of $199,500.00, which is currently budgeted in the Neighborhood Services Department (NSD) General Fund Budget in order to fund
various agencies and social service programs throughout the City. From Fiscal Year 2010 through Fiscal Year 2023, the City contracted with
United Way to administer and distribute these funds to agencies that provide social service programs that meet the City's established criteria. The
City made a single payment to the United Way and the United Way had discretion to select the particular agencies and funding amounts subject to
the criteria listed below designed to ensure that the funds were used for a public benefit in the Fort Worth community. In exchange for the funds,
United Way chose agencies based on these criteria and delivered quarterly reports detailing how the funds were expended by United Way and the
chosen agencies.
Following the adoption of the FY24 budget, the leadership teams of United Way and Neighborhood Services met and agreed to return program
oversight and contract administration to the City of Fort Worth, specifically NSD. It was determined that current administrative capacity in both
organizations warranted this transition. In addition, the allocation of funds to support social service programs is in alignment with the current NSD
processes to allocate federal grant funds to public service agencies. Future plans include incorporating the allocation of these funds into the
Public Service Agencies Request for Proposals application cycle, including requiring monthly reporting, compliance monitoring, and expanding the
eligible applicants for the program funds.
The following criteria ensure that the chosen agencies serve a public purpose through investing money, expertise, and other resources to improve
lives and communities in benefit of the entire Fort Worth community:
• Agencies must have a valid current designation of tax-exempt status under 26 USC 501 from the United States Internal Revenue Service;
• Agencies must have a mission statement and service plan that aligns with public safety;
• Agencies must not engage in inherently religious activities, such as worship, religious instruction, or proselytizing, as a part of the program or
services funded by City dollars. Inherently religious activities must be offered separately, in time or location, from the programs, activities, or
services supported by City funds;
• Agencies must submit documentation attesting to and demonstrating the entity's capacity to deliver specified services; and
• Agencies must demonstrate via site visits that the nature and perFormance of the proposed service meets the above-listed criteria.
These contracts will require these funds be used for programming within the City. This allows the City to continue to provide financial assistance to
non-profit agencies that offer critical social services for the benefit of the entire Fort Worth community. These programs will provide the public with
a clear benefit by providing mentorship and training to children to help ensure they remain in school and by ensuring the health, safety, and welfare
of Fort Worth citizens, specifically those who are experiencing or survivors of traumatic events, such as domestic violence and sexual assault. Staff
will ensure that proper controls are in place, including reporting requirements and auditing rights. The contract period will be for a one-year term,
from October 1, 2023 through September 30, 2024.
Funding is budgeted in the Other Contractual Services account within the General Fund for the N S United Way Contract Department.
The following chart provides projections for services to be provided by four (4) selected agencies:
AGENCY
Health My Resources (MHMR) ofTa
anty - Tarrant County Youth Recovery
/_\4%1:7 �.
$38,250.0
PROJECTIONS
100 teen clients in supportive outpatient
services
600 teens with Ground Zero services, including
support groups in alternative schools and
prevention services in juvenile detention, teen
Resource Council $37,500.00 court and other locations; 70% of students repo
a reduction Alcohol, Tobacco and Other Drugs
(ATOD) use and violence or improved decision
making, perception of harm related substance
use
Haven of Tarrant County
Women's Center of Tarrant County
'AL
FISCAL INFORMATION / CERTIFICATION:
1,300 women and child victims of domestic
$67,500.00 violence; 10,000 calls on the 24-hour crisis
hotline; 2,000 hours of volunteer service
2,000 rape crisis hotline calls; Counseling for
400 survivors of rape at rape exam
sites; Counseling for 175 significant others at
rape exam site; Clinical counseling for
$56,250.00 700; Child sexual abuse prevention training for
20,000 children; Adult sexual abuse prevention
training for 1,500 persons; Training and
technical assistance for 1,000 criminal justice
professionals
$199,500
The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as
appropriated, in the General Fund. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to
validate the availability of funds.
Submitted for City Manager's Office bk Fernando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Sharon Burkley 5785
Terrance Jones 7563