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HomeMy WebLinkAboutContract 46316 CITY SECRETARY CONTRACT NO, FUNDING AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SENIOR CITIZEN SERVICES OF GREATER TARRANT COUNTY,INC. This Funding Agreement ("Agreement") is entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Senior Citizen Services of Greater Tarrant County, Inc. ("SCS"), a Texas nonprofit corporation, acting by and through its duly authorized Executive Director. City and SCS may be referred to individually as a"Parry"and jointly as"the Parties." WHEREAS, SCS is a nonprofit organization that provides a wide range of programs and services that enable senior adults to live independently with dignity; WHEREAS, SCS's programs and services are offered throughout the City of Fort Worth at various community centers, including Como, Diamond Hill, Eugene McCray, Handley-Meadowbrook, Northside,North Tri-Ethnic, Worth Heights,and Fellowship Center; WHEREAS, SCS offers a congregate meal program, which provides nutritious meals to more than 6,000 seniors throughout the City of Fort Worth, and weekly activities designed to enhance and sustain physical, mental, and emotional wellness, including health, fitness, education, arts, volunteerism, excursions,and recreational programs; WHEREAS, SCS also provides transportation to the local community centers so that seniors can gain access to the City's resources, including the meals and activities described above, along with grocery shopping and access to local pharmacies; WHEREAS, SCS's programs and activities fulfill an essential public need within the City and provide the public with a clear benefit by ensuring the health and welfare of its senior citizens through nutritious meals,transportation services,physical activities, and various other wellness programs; and WHEREAS,the Fort Worth City Council,through M&C C-27070, authorized the grant of funds to SCS in an amount up to $80,000.00 for the purpose of funding the operation of senior services and programs at various City-owned community centers. NOW,THEREFORE,the Parties understand and agree as follows: I. INCORPORATION OF RECITALS AND PURPOSE 1.01 City and SCS agree that the recitals set for the above are true and correct and form the basis upon which the Parties have entered into this Agreement. 1.02 The purpose of this Agreement is to set forth the terms and conditions related to the City's funding of senior services and programs at various City-owned community centers. 2. TERM 2.01 This Agreement is effective beginning on October 1, 2014 and terminates on September 30, 2015, unless terminated earlier as provided in this Agreement. Senior Citizen Services of Greater Tarrant County,Inc. 1 of 11 0)FF0C[Ib�P CSI VED ���� �r��u q��a�R Ida UP OR p H9 0 X JAN o 7 P,M� {{��,��� 3. SCS PERFORMANCE 3.01 SCS agrees to provide for the operation of senior services and programs for Senior Citizens at the following City-owned community centers: Como, Diamond Hill, Eugene McCray, Handley- Meadowbrook, Northside, North Tri-Ethnic, Worth Heights, and Fellowship Center ("Community Centers"). For purposes of this Agreement, a"Senior Citizen" shall mean an elderly or aged person who is 60 years of age or older. 3.02 The operations and services to be performed by the SCS shall include the following: (a) SCS shall provide congregate, nutritious meals to at least 300 Senior Citizens on a daily basis during normal operating hours of the Community Centers. (b) SCS shall provide at least 1.5 hours of activities and social interaction programs for at least 300 Senior Citizens on a daily basis during normal operating hours of the Community Centers. (c) SCS shall provide at least 2 hours of educational and information programs for at least 300 Senior Citizens on a monthly basis during normal operation hours of the Community Centers. (d) SCS shall provide dietary and nutrition education to at least 300 Senior Citizens. 3.03 SCS shall submit a budget detailing its proposed expenditures under this Agreement to the City's Director of the Parks and Community Services Department or that person's designee ("Director") for review and approval. 4. CITY'S OBLIGATIONS 4.01 In consideration of SOS's full and satisfactory performance of this Agreement, the City shall reimburse the actual and necessary allowable costs incurred by SCS in an amount up to Eighty Thousand Dollars and No Cents ($80,000.00) ("Funds") in accordance with the terms of this Agreement. 4.02 If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i)thirty (30) days following delivery by City to SCS of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 4.03 SCS shall refund to the City any Funds that have been paid to SCS by the City, which the City determines, in its sole discretion, have resulted in an overpayment or have not been spent strictly in accordance with the terms of this Agreement. SCS shall make such refund within fifteen (15) days after the City's written request. Senior Citizen Services of Greater Tarrant County,Inc. 2 of 11 5. METHOD OF PAYMENT 5.01 To receive Funds under this Agreement, SCS must submit reimbursement requests to the City on or before the 15th day of the month following the month expenses were paid. For example, a :reimbursement request for the month of January must be received by February 15. In the event the 15" falls on a weekend or City holiday,the reimbursement request shall be due the next business day. 5.02 Each reimbursement request shall contain the following reports: (a) SCS shall submit the invoice attached hereto as Exhibit A, which is incorporated herein for all purposes, that shall contain the amount requested for reimbursement each month, and the cumulative reimbursement requested to date (inclusive of that month's request). Even if SCS is requesting $0 for a particular month, this report must be submitted. This report must be signed by an authorized signatory of SCS. By signing the form in Exhibit A, SCS certifies that the costs are valid, eligible, and consistent with the terms and conditions of this Agreement, and the information contained in the report is true and correct. (b) Proof that the reimbursable expenses were paid by SCS, which proof can be satisfied by cancelled checks, wire transfer documentation,paid receipts or other appropriate banking documentation acceptable to the City. (c) A monthly report showing attendance at the Community Centers, demographics of the Senior Citizen participants at the Community Centers,the programs that were offered per Section 3 of this Agreement, and the number of Senior Citizen participants. Senior Citizens served in multiple months should be listed each month. The report shall be cumulative throughout the program,with new participants added to the form each month. (e) A monthly calendar of events for the upcoming month for each Community Center. 5,03 The City reserves the right to change the reporting requirements and forms at its sole discretion; provided,the City gives SCS fifteen days' written notice of any such change prior to implementation. 5.04 City may suspend reimbursements if SCS fails to comply with the terms of this Agreement. 5.05 All Funds paid to SCS pursuant to this Agreement are for the payment of allowable expenditures to be used for the exclusive benefit of the operation of senior services and programs at the following City- owned community centers: Como, Diamond Hill, Eugene McCray, Handley-Meadowbrook, Northside, North Tri-Ethnic,Worth Heights, and Fellowship Center. 5.06 In the event of a dispute as to funding for any particular costs within a reimbursement request,the Director shall be the final arbiter of whether such reimbursable expenses are permissible under this Agreement. 6. DEFAULT AND TERMINATION. 6.01 The City may terminate or suspend this Agreement, in whole or in part, at any time the City determines that there is cause for termination. Cause for termination includes, without limitation, SCE's Senior Citizen Services of Greater Tarrant County,Inc. 3 of 11 failure to comply with any terms of this Agreement or a reasonable belief that SCS cannot or will not comply with the requirements of this Agreement. If the City determines that SCS has failed to comply with the terms of this Agreement, or to provide services and programs that meet the terms of this Agreement, the City will notify SCS of the deficiencies to be corrected and require the deficiencies to be corrected prior to the implementing suspension within a timeline established by the City, in its sole discretion. 6.02 SCS understands and agrees that no Funds will be paid to SCS until all defaults are cured to the satisfaction of City. 6.03 The City shall not be liable for any costs incurred by SCS after termination or expiration of this Agreement. 6.04 Termination shall not affect any of the existing rights of the City against SCS, or which may thereafter accrue because of such default. Such termination shall not affect any applicable provisions of the Agreement that have been expressly noted as surviving the term or termination of the Agreement. 7. RECORD KEEPING MONITORING AND AUDIT 7.01 SCS shall maintain fiscal and programmatic records and supporting documentation for all expenditures made pursuant to this Agreement. Specifically, SCS will keep or cause to be kept an accurate record of all actions taken and all fiends spent,with source and back-up documentation. 7.02 SCS shall be subject to monitoring by City for compliance with this Agreement for the duration of this Agreement. City reserves the right to perform desk reviews or on-site monitoring of SCS's compliance pursuant to the terms and conditions of this Agreement, and of the adequacy and timeliness of SOS's performance under this Agreement. After each monitoring visit, the City shall provide SCS with a written report of the monitor's findings. If the monitoring report notes deficiencies in SCS's performance, the report shall include requirements for the timely correction of said deficiencies by SCS. Failure by SCS to take the action specified in the monitoring report may be cause for suspension or termination of this Agreement as provided herein. 7.03 SCS agrees that the City shall have access to and the right to examine any directly pertinent books,documents,papers and records of SCS involving transactions relating to this Agreement during the term of this Agreement and for three (3) years thereafter. SCS agrees that the City shall have access during normal working hours to all necessary SCS facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give SCS reasonable advance notice of intended audits. 7.04 SCS further agrees to include in any of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract for the term of this Agreement and for three (3) years thereafter, and further that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audits. 7.05 This section shall survive the expiration or termination of this Agreement. Senior Citizen Services of Greater Tarrant County,Inc. 4 of I I SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. 9.05 SCS AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, REPRESENTATIVES, 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. 9.06 SCS SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 9.07 This section shall survive the expiration or termination of this Agreement. 10. PUBLIC INFORMATION 10.01 SCS acknowledges that all information collected, assembled, or maintained by SCS pertaining to this Agreement may be subject to the Texas Public Information Act, Chapter 552 of Texas Government Code, and may need to provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this Agreement subject to and in accordance with the Texas Public Information Act. 11. FORCE MAJEURE 11.01 If either Party is unable, either in whole or part, to fiilfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. SCS hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. 12. CHARITABLE IMMUNITY 12.01 If SCS, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including, but not limited to, death, to persons or property, SCS hereby expressly waives its right to plead defensively such immunity Senior Citizen Services of Greater Tarrant County,Inc. 6 of 11 or exemption against City. 13. NOTICES 13.01 All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To SCS: City of Fort Worth Jerome H.Mosman,Executive Director Parks and Community Services Department Senior Citizen Services of Greater Attn: Director Tarrant County,Inc. 4200 S.Freeway, Suite 220 1400 Circle Drive, Suite 300 Fort Worth,Texas 76115 Fort Worth,Texas 76119 With a copy to: City of Fort Worth Office of the City Attorney Attn: City Attorney 1000 Throcklnorton Street,Third Floor 14. COMPLIANCE 14.01 SCS shall comply with all Federal, State, and City statutes, ordinances and regulations applicable under this Agreement. 15. AMENDMENTS AND WAIVER 15.01 No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 15.02 No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of Funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 16. GOVERNING LAW AND VENUE 16.01 If any action,whether real or asserted, at law or inequity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the Senior Citizen Services of Greater Tarrant County,Inc. 7 of I I United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 17. PREVENTION OF WASTE,FRAUD,AND ABUSE 17.01 SCS shall establish, maintain, and utilize systems and procedures to prevent, detect, and correct waste, fraud, and abuse in activities funded under this Agreement. The systems and procedures shall address possible waste, fraud, and abuse by SCS, its employees, clients, vendors, contractors, and administering agencies. SCS's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation is to be readily available for monitoring by City. 17.02 SCS shall give City complete access to all of its records, employees, and agents for the purpose of monitoring or investigating waste, fraud, or abuse. SCS shall immediately notify City of any discovery of waste, fraud, or abuse. SCS shall fully cooperate with City's efforts to detect, investigate, and prevent waste,fraud, and abuse. 17.03 SCS shall not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation,to City or to any appropriate law enforcement authority, if the report is made in good faith. 18. NON-DISCRInIINATION AND EQUAL OPPORTUNITY 18.01 A person shall not be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of or in connection with any program or activity funded in whole or in part with funds made available under this Agreement, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, sexual orientation, gender identity, or gender expression. 18.02 SCS covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Agreement, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 18.03 SCS further covenants that neither it nor its officers, members, agents, employees,contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Agreement, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. 19. SUCCESSORS AND ASSIGNS 19.01 Neither party hereto shall assign or transfer its interest herein without prior written consent of the other party and any attempted assignment or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and SCS and its respective successors and permitted assigns. Senior Citizen Services of Greater Tarrant County,Inc. 8 of 11 20. NO THUM-PARTY BENEFICIARIES 20.01 The provisions and conditions of this Agreement are solely for the benefit of City and SCS, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 21. SEVERABILITY AND CAPTIONS 21.01 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not. in any way be affected or impaired. 21.02 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. AGREEMENT CONSTRUCTION 22.01 The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 23. COUNTERPARTS AND ELECTRONIC SIGNATURES 23.01 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 24. LEGAL AUTHORITY 24.01 SCS assures and guarantees that it possesses the legal authority to enter into this Agreement, to receive and manage the Funds authorized by this Agreement, and to perform the services SCS has obligated itself to perform hereunder. The execution, delivery, and performance of this Agreement will not violate SCS's constitutive documents or any requirement to which SCS is subject and represents the legal, valid, and binding agreement of SCS, enforceable in accordance with its terms. 24.02 The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. Senior Citizen Services of Greater Tarrant County,hic. 9 of 11 24.03 City shall have the right to terminate this Agreement if there is a dispute as to the legal authority of either SCS or the person signing this Agreement on behalf of SCS to enter into this Agreement or to render performances hereunder. SCS is liable to Cit}' for any money it has received from City for performance of the provisions of this Agreement, if the City has terminated this Agreement for reasons enumerated in this Section. 25. GOVERNMENTAL POWERS AND EMIUNITIES 25.01 It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 26. ENTIRE AGREEMENT 26.01 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. WITNESS WHEREOF, the parties have executed this Agreement as of-? y of 4444- ,fin Fort Worth,Tarrant County, Texas. CITY OF FORT WORTH SENIOR CITIZEN SERVICES OF GREATER TARRANT COUNTY,INC. S By: A A—C4 _ a �L By: Susan Alanis Jerome H.Mosman Assistant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY: Tyler F. Wallach ._, Assistant City Attorney G r ATTEST: ; A-'4 � '• Mk Kayser City Secretary °O°Oofl°° Authorization: M&C C-27070 November 4,2014 OFFICIAL RECORD Senior Citizen Services of Greater Tarrant County,Inc. CITY SECRETARY of 11 FT. WORTH, TX EXHIBIT A INVOICE Agency: Senior Citizen Services of Greater Tarrant County,Inc. Address: City, State, Zip: Program: Period of Service: Program Amount . This invoice Cti1mulatnve ALAhT E Certification: I certify that the costs incurred are valid and consistent with the terms and conditions of the contract between Senior Citizen Services of Greater Tarrant County; Iuc. and City. By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature/Date: Name: Title: Senior Citizen Services of Greater Tarrant County,Inc. 11 01711 O&C review Page 1 of Official site of the City of Fort Worth, Texx CITY COUNCIL /AGENDA r"xsl ��Oxlll o COUNCIL ACTION: Approved on 11/4/2014 DATE: 11/4/2014 REFERENCE **C-27070 LOG NAME: 80SENIORCITIZENS2015 NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with Senior Citizen Services of Greater Tarrant County, Inc., in the Amount Up to $80,000.00 for Fiscal Year 2015 for Program Services for Senior Citizens at Various Community Centers (COUNCIL DISTRICTS 2, 3, 5, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Senior Citizen Services of Greater Tarrant County, Inc., in the amount up to $80,000.00 for Fiscal Year 2015 for program services for senior citizens at various community centers. DISCUSSION: On March 4, 2014, the City Council approved Mayor and Council Communication C-26696 authorizing the execution of an Agreement with Senior Citizens Services of Greater Tarrant County, Inc. (SCS), in the amount up to $80,000.00 for Fiscal Year 2014 for the operation of senior services and programs at various community centers. This was as a result of a reduction of support from the United Way and further fiscal reductions due to federal sequestration. In an effort to ensure that service delivery remains stable, SCS has again requested financial support from the City of Fort Worth for Fiscal Year 2015. The Fiscal Year 2015 adopted General Fund budget allocates the amount of$80,000.00 for this grant contract. SCS offers a wide-variety of services and programs throughout the City at the City's various community centers including Como, Diamond Hill, Eugene McCray, Handley-Meadowbrook, Northside, North Tri-Ethnic, Worth Heights and Fellowship Corner. One of the major programs of SCS is the Congregate Meal Program, which provides nutritious meals to over 6,000 seniors throughout Tarrant County, including the above-stated community centers. SCS also provides weekly activities that are designed to enhance and sustain physical, mental and emotional wellness including health, fitness, education, arts, volunteerism, excursions and recreational programs. SCS provides transportation to the local centers so that seniors can gain access to the City's resources, including the meals and activities described above, along with grocery shopping and access to local pharmacies. SCS's programs generally operate five hours daily from 8:00 a.m. to 1:00 p.m. SCS staff oversees the daily senior program planning, complete meal registrations, coordinate transportation, oversee volunteers and complete incident/injury reports. SCS's programs fulfill an essential need within the City and provide the public with a clear benefit by ensuring the health and welfare of its senior citizens through nutritional meals, transportation services, physical activities and various other wellness programs. Staff will ensure that proper controls are in place so that SCS carries out the beneficial public purposes stated above, including reporting requirements, a reimbursement-based funding model, enrollment and participant requirements, auditing rights and a program budget. This program is located in COUNCIL DISTRICTS 2, 3, 5, 8 and 9, Mapsco locations are Como-page 362 C4, Diamond Hill-page 296 A7, Eugene McCray-page 365 E8, Handley-Meadowbrook-page 366 C2, Northside-page 295 D6, North Tri-Ethnic-page 295 62, Worth Heights-page 364 C8, and ittp:H apps.cfwnet.org/council_packet/mc_review.asp?ID=20404&councildate=l 1/4/2014 11/13/201L A&C Review Page 2 of Fellowship Corner-page 364 C4. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, in the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0800500 $80,000.00 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS ittp://apps.cfwnet.org/council 11/13/2012