HomeMy WebLinkAboutContract 61539 cfty sue► io 1 S3q
CONTRACT FOR OPERATING EXPENSE��ntract No l
This contract is entered into between The City of Fort Worth,("CITY"),and Safe Cities Commission,d/b/a
One Safe Place ("CONTRACTOR"), (collectively, the "Parties"), for the purpose of funding operating
expenses.
WHEREAS, communities in the state of Texas are experience increasing levels of gun and
domestic violence;
WHEREAS,victims of domestic violence face enhanced risks of escalated violence and lethality;
WHEREAS, CONTRACTOR is a comprehensive crime prevention agency devoted to
preventing crime and violence in Fort Worth neighborhoods, schools, and homes; and
WHEREAS, CITY and CONTRACTOR desire to enter into an agreement to allow CITY to
provide funding to CONTRACTOR in support of its programs to reduce incidences of violence and gun
violence in the City.
NOW,THEREFORE,the parties enter into this Agreement and agree as follows:
1. SCOPE OF SERVICES
CONTRACTOR is a comprehensive crime prevention agency devoted to preventing crime and violence
in Tarrant County's neighborhoods, schools, and homes by operating programs including the Family
Justice Center; Crime Stoppers; Imagine No Violence; Camp Hope; Bike Patrol Support Group; Project
Safe Neighborhood; and Safe City Training. CITY will provide a one-time funding, as detailed by this
Agreement,to support CONTRACTORS crime prevention programs in the City of Fort Worth.
2. TERM
This contract is effective upon date of signature by both parties and ends on December 31, 2024,
unless terminated earlier in accordance with the terms of this contract.
3. COST
CITY will reimburse CONTRACTOR an amount not to exceed $250,000.00 (TWO HUNDRED
FIFTY THOUSAND DOLLARS AND NO CENTS) as a one-time capital contribution.
CONTRACTOR will invoice CITY for payment. All correct invoices presented to CITY will be paid
within 30 days of receipt by CITY.
4. AGENCY-INDEPENDENT CONTRACTOR
Neither CITY nor any employee thereof is an agent of CONTRACTOR and neither CONTRACTOR
nor any employee thereof is an agent of CITY.This agreement does not and may not be construed to entitle
either party or any of their respective employees, if applicable, to any benefit, privilege, or other
amenities of employment by the other party.
PAGE 1 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY AGAINST
ANY AND ALL CLAIMS, LAWSUITS, SETTLEMENTS, JUDGMENTS, COSTS,
PENALTIES, AND EXPENSES, INCLUDING ATTORNEY'S FEES, WITH RESPECT TO AN
ACT OR OMISSION ARISING FROM CONTRACTOR'S PERFORMANCE UNDER THIS
CONTRACT.
5. ASSIGNMENT
Neither party may assign, in whole nor in part, any interest in this contract without the prior written
consent of the other party.
6. THIRD PARTY BENEFICIARY EXCLUDED
No person not a party to this contract shall be regarded as a third-party beneficiary of this contract. This
contract may not be interpreted to waive governmental immunity, sovereign immunity, or any other
defense or immunities otherwise available by law of any party to this contract, or the employees or
representatives of such party,to the extent such party may have immunity under Texas or Federal law.
7. AUDIT OF RECORDS
CONTRACTOR agrees that CITY shall,until the expiration of three(3)years after final payment under
the Agreement,have access to and the right to examine any directly pertinent books, documents,papers
and records of CONTRACTOR involving transactions relating to the Agreement. CONTRACTOR
agrees that CITY shall have access during normal working hours to all necessary CONTRACTOR
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. CITY shall give CONTRACTOR reasonable advance
notice of intended audits.
8 ENTIRE CONTRACT
This contract represents the entire understanding of and between the parties and supersedes all prior
representations. This contract may not be varied orally but must be amended by written document of
subsequent date duly executed by these parties. The laws of the State of Texas govern this contract and
venue for any cause of action regarding this contract is in the district courts of Tarrant County, Texas.
9 CONFIDENTIALITY
In the event CONTRACTOR receives confidential CITY information CONTRACTOR will keep that
information confidential during the contract term and following termination unless CONTRACTOR is
directed to disclose that information by legal proceedings. In the event CONTRACTOR becomes
involved in legal proceedings regarding confidential CITY information, CONTRACTOR will notify the
CITY immediately. 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 shall 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
PAGE 2
CONTRACTOR, but by the Office of the Attorney General of the State of Texas or by a court of
competent jurisdiction.
10. TERMINATION
This contract may be terminated by either party by providing written notice to the other party at least thirty
(30) days prior to the intended date of termination. Any notice or other writing required by this contract,
is deemed given when personally delivered or mailed by certified or registered United States mail,return-
receipt, postage prepaid, addressed as follows:
CITY: CONTRACTOR:
City of Fort Worth One Safe Place
c/o Carlo Capua c/o Ken Sheffer
200 Texas Street 1100 Hemphill Street
Fort Worth, Texas 76102 Fort Worth,TX 76104
In the event of early contract termination by CITY without cause, all fees and expenses due
CONTRACTOR during the 30-day notice period will be paid in full. In the event the CONTRACTOR
terminates this contract prematurely without cause, fees for the 30-day notice period will not be paid by
CITY; however, any prior approved expenses may be paid to CONTRACTOR by CITY. If the contract
is terminated for cause by CITY,CITY will not pay fees or expenses incurred after the date of notice of
termination. 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 the
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 the payments
herein agreed upon for which funds have been appropriated.
11. CONFLICT OF INTEREST DISCLOSURE
Contractor acknowledges and agrees that it has fully, accurately, and completely disclosed all interested
parties and has acknowledged the completeness of this disclosure by filing the Form 1295, attached as
Exhibit A, with the Texas Ethics Commission as required by law.
12. NO BOYCOTT OF ISRAEL.
If CONTRACTOR has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. CONTRACTOR acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this Addendum, CONTRACTOR certifies that CONTRACTOR's
signature provides written verification to CITY that CONTRACTOR: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the Agreement.
13. PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
PAGE 3
CONTRACTOR acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2,the 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. The terms "boycott energy company" and
"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,
as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. 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 the CITY that Contractor: (1) does not boycott
energy companies; and (2)will not boycott energy companies during the term of this Agreement.
14. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES.
CONTRACTOR acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the 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 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. The terms "discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 19, § 1. 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 the 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.
15. LAW AND VENUE.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed
in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws
provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction
in Tarrant County, Texas.
16. INSURANCE.
CONTRACTOR will obtain insurance in accordance with the provisions of Exhibit B, attached hereto.
PAGE 4
SIGNED AND EXECUTED this_day of January 2023.
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND
AGREED:]
City of Fort Worth: Safe Cit' . Commission d/b/a. One Safe
Place:
Name: By:
Title, .4 #City Manager Name:
Title: 1"ritF 4._
Date: ��Lf
Date: 04"3
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing t acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including,ensuring all performance
By: and reporting i-equh,emems.
Name:
Title:
C
By:
Approved as to Form and Legality: Nome: 4.,11_51"icsz_`'1�(�`
Title:
cp�o OR p�f►A��
B}': s _ =— City Seeretal'}; �
N °° °°°O��dO
,Name-
0
�$ g
Title: Assistant City Attorney �0 S=p
v
Contract Authorization: Name- J, mette S. Goodall aa>Z °OXAg4a
MS.C: . —DI3(P O��o27/a`i Title: City Secretar}, � uno'o'a�'
OFFICIAL.RECORD
PAGE 5 CITY SECRETARY
FT. WORTHr TX
EXHIBIT A
FORM 1295
CERTIFICATE OF INTERESTED PARTIES
DORM 1295
�afx
p Cum late Nos.1•a antr 6 It thetu are ititvrvslad.parties. OFFICE USE ONLY
Complem Nos.3.2,3,fi,alai 0 if there Are no interested panles• CERTIFICATION OF FILING
i Name of business entity filing form,and the city,male and country of the business entity's.place CertItimte Number:
of business. 2023•974932
Safe City Comillisslarf dba One Sale Place
Foil Worth,TX Untied States Date Fired:
2 Name cif goSicrnment eat ty or-state agency that N a party to the contract or w 1 cIi the town I s 01/2312023
being filet,
City of t=art Worth Onto Acknowledged:
. Prouirly the identification number used by lite goverrnnuruul entity or slate agency to track or identify the contract,5nd provide a
description of the services,goods,or odeei property to be provided under the contract,
2023•2024
Capital Contribution
Nature of interest
Mama of Interosted Part' City,i� ,State,count tace of buslneati
� 7IP l (r,Itack applicable)
Controlling Interinedlaty
5 Chock only if there fr.NO Interested Party.
6 UNSWORN DECLARATION
my name is LWQ4k IVP Q nn(i my dt;tD rJl:birill _
My address Is
Isirootl Icily) tatntei tzta wt'rl is+:is n y!
I declare girder pern11,y of perjury that the laregaing if;true:mild corrml. pp
Executed in Q 11 ctrl:I ,_County. State of 11/3- --- till the!�t�day or
Sign'5ture of ainhorized apem to c:unlraning Imsirti5s entily
Ip_.clarltrtl
'orals pfovided by Tuxas EMICS Commission 1N melhics.smic.m.UP Version V3,5.1,30coebca
PAGE 6
�I
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CIW COUNCIL AGENDA
FORT l
Create New From This M&C
DATE: 2/27/2024 REFERENCE **M&C 24- LOG NAME: 0202ONESAFEPLACE2024
NO.: 0136 PARTNERSHIP FUNDS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Agreement with Safe Cities Commission, d/b/a One Safe Place, in the
Amount of$250,000.00, and Authorize Community Partnerships Funds Contribution to
the 2024 One Safe Place Funding Project in the Amount of$250,000.00 as a One-Time
Contribution to Support One Safe Place, Find that the Contribution Serves a Public
Purpose and that Adequate Controls are in Place to Ensure the Public Purpose is Carried
Out; Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the agreement with Safe Cities Commission, d/b/a One Safe Place, in the amount
of $250,000.00 as a One-Time contribution using Community Partnership Funding and
matching the same amount from Tarrant County.
2. Find the contribution serves the public purpose of assisting victims of domestic violence and
sexual assault in Tarrant County by providing coordinated medical, legal, and counseling
services and access to on-site professionals including child protective services, law
enforcement personnel, prosecutors, and victim advocate specialists. And find that adequate
controls are in place to ensure the public purpose is carried out in the form of the funding
agreement;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the General Capital Projects Fund by increasing receipts and appropriations in the 2024
One Safe Place Funding project (City Project No. 105410) in the amount of $250,000.00 and
decreasing receipts and appropriations in the Future Community Partnerships programmable
project (City Project No. P00047) by the same amount to fund a one-time capital
contribution to support services that prevent crime and violence in Fort Worth's
neighborhoods, schools, and homes; and
4. Amend the Fiscal years 2024-2028 Capital Improvement Program.
DISCUSSION:
The Safe City Commission (SCC) exists to provide a cooperative, collaborative, multi-disciplinary
effort between various agencies in Tarrant County for the investigation, prosecution, protection, and
treatment of domestic violence and sexual assault related to domestic violence victims and their
children.
SCC operates One Safe Place (OSP), a Regional Family Justice Center, that 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 including child protective services, law
enforcement personnel, prosecutors, and victim advocate specialists. The City of Fort Worth (City)
worked closely with SCC to develop the vision of OSP.
During Fiscal Year 2023, One Safe Place approached the City and Tarrant County regarding funding
support to allow One Safe Place to advance the retirement of their outstanding debt for previously
constructed capital projects.
http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=31843&councildate=2/27/2024 6/13/2024
M&C Review Page 2 of 2
The Community Partnership Funding is intended to provide one-time funding and to match other non-
city funding sources to meet capital needs in the community. These funds will match $250,000.00
from Tarrant County and $250,000.00 from the JP Morgan Leo Potishman Fund and the Meadows
Foundation ($250,000.00) One Safe Place will use the funds to retire their outstanding debt and
position themselves for future capital campaigns.
OSP has already secured funding from Tarrant County ($250,000.00) and the JP Morgan Leo
Potishman Fund and the Meadows Foundation ($250,000.00) for their efforts at crime prevention
throughout the county.
The funding for this contribution is available in the Future Community Partnerships Programmable
project within the General Capital Projects Fund.
The action in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as
approved in connection with Ordinance 26453-09-2023, Section 7 Capital Improvements.
This property is located in Council District 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Future Community
Partnerships project within the General Capital Projects Fund and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
General Capital Projects Fund for the 2024 One Safe Place Funding project. Prior to an expenditure
being incurred, the City Manager's Department has the responsibility of verifying the availability of
funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year I (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Carlo Capua (6363)
Additional Information Contact:
ATTACHMENTS
020NESAFEPLACE2024 PARTNERSHIP FUNDS FID Table - Final 2-5-24.xlsx (CFW Internal)
Form 1295 - One Safe Place.PNG (CFW Internal)
Fundinq Availabilty - P00047.jpq (CFW Internal)
One Safe Place Funding Agreement CFW FINAL - 1.23.23 (1).docx (CFW Internal)
ORD.APP 02ONESAFEPLACE2024 PARTNERSHIP FUNDS AO 30100 - Final 2-5-24.docx
(Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31843&councildate=2/27/2024 6/13/2024