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HomeMy WebLinkAboutContract 47098 fi",4 a"v�N" r R,n4 4 ' STATE OF TEXAS § COUNTIES OF TARRANT, WISE § AND DENTON § AGREEMENT BETWEEN ALLIANCE FOR CHILDREN,INC.,AND CITY OF FORT WORTH FOR CHILDREN'S ADVOCACY CENTER PROGRAM This Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Rudolph Jackson, its duly authorized Assistant City Manager, and Alliance for Children, Inc., ("AFC") acting by and through Julie Evans, it duly authorized Executive Director. RECITALS WHEREAS, City has determined that the AFC provides services in coordinating agencies' activities against child abuse in the City ("AFC Children's Advocacy Center Program"); and WHEREAS, 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 coordinator's salary and through public education about child abuse, recruitment of volunteers, and emergency support for children; and WHEREAS, City desires to contract with AFC to provide such services for the public purpose of combating child abuse; and WHEREAS, City, as consideration for the performance of AFC Children's Advocacy Center 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 AFC Children's Advocacy Center Program; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: CONTRACT DOCUMENTS The Contract documents shall include the following: 1. This Agreement for the AFC Children's Advocacy Center Program 2. Exhibit A—Scope of Work 3. Exhibit B—Budget 4. Exhibit C—Request for Reimbursementl ;�°l 5. Exhibit D—Program Activities Report 6. Exhibit E—Program Effectiveness Measurement Report �I Uri 13 d1, 7. Exhibit F—Request for Budget Modification !a, '� 1pR T 1"I F CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 1 of 12 2.4 Any modifications of more than five (5) percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit "F") must be submitted, and request must be approved by City, before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form (Exhibit "F") must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3, 2.4 and 2.5. The Budget Modification Form (Exhibit "17") shall be submitted to the Financial Compliance Unit of the Fort Worth Police Department at Bob Bolen Public Safety Complex at 505 W. Felix St.,Fort Worth, Texas, 76115. 3. Term. This Agreement shall commence upon October 1, n ("Effective Date") and shall end on September 30, 2016 ("End Date"). All of AFC's expenditures under this Agreement must be completed no later than September 30, 2016. CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 3 of 12 (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination; and (d) Cease expenditures of Program Funds, except as may be necessary for completion of the work not terminated. 5.4 In the event City suspends or terminates this Agreement for cause, and the cause for such suspension or termination is determined to be invalid, AFC sole remedy shall be reinstatement of this Agreement. AFC expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs, and attorney's fees. 5.5 Within thirty (30) days following the date of termination of this Agreement, AFC shall return to City any property provided hereunder. City will have no responsibility or liability for AFC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City. AFC shall maintain all equipment used in the administration and execution of the AFC Children's Advocacy Center Program. AFC shall maintain, replace, or repair any item of equipment used in support of the AFC Children's Advocacy Center Program and/or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement, or repair of any equipment used in support of the AFC Children's Advocacy Center Program and/or for use under the terms of this Agreement is the sole responsibility of AFC. AFC shall not use Program Funds or City funds to repair or replace said equipment. AFC shall use any and all equipment purchased with Program Funds exclusively in support of the AFC Children's Advocacy Center Program. Within 10 days following the purchase of equipment, AFC shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grants and Contracts Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 AFC agrees to keep sufficient records to document its adherence to applicable local, state, and federal regulations, along with documentation and records of all receipts and expenditures of Program Funds. All records shall be retained for three (3) years following the termination or completion of this Agreement. City or its representatives shall have the right to investigate, examine, and audit at any time any and all such records relating to operations of 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. CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 5 of 12 participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 9. Liability and Indemnification. AFC SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES. AFC AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH) THAT AMY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCL4TES, EMPLOYEES, CONTRACTORS(OTHER THAN THE CITE, OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR I7V THIS SECTION SHALL NOT APPLY TO ANY LL4BILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 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. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by AFC shall be effective without City's prior written approval. 11. Prohibition Against Interest. 11.1 No member, officer, or employee of City, or its designees or agents; no member of the governing body of the locality in which the AFC Children's Advocacy Center Program CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 7 of 12 14. 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. 15. Insurance Requirement. 15.1 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: $1,000,000 per occurrence, with a$1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500;000 Bodily Injury per accident and$100,000 Property Damage. 15.2 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. 15.3 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. 15.4 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. 16. Miscellaneous Provisions. 16.1 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. 16.2 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 CHILDREN's ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 9 of 12 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 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. CHILDREN'S ADVOCACY CENTER PROGRAM CFW and ALLIANCE FOR CHILDREN Page 11 of 12 S, EXHIBIT A SCOPE OF WORK The Scope of Work is to be performed and documented in compliance with the monthly program activities and quarterly effectiveness measurement reports outlined in exhibits D and E. Exhibit B BUDGET NARRATIVE FISCAL YEAR 2016 Please attach a detailed budget narrative that explains the need for all proposed expenditures by individual item. The budget narrative should clearly explain how funds will be used and why expenditures are necessary for successful implementation of your program. Please explain how costs are calculated. INDIRECT COSTS CANNOT EXCEED 10% OF TBE APPROVED BUDGET DIRECT PROGRAM COSTS (90% Minimum): A. Personnel$50,997.48: The Center Coordinator is responsible for managing the multidisciplinary case staffing meetings, held bi-weekly, to ensure a coordinated response to child abuse investigations within the City of Fort Worth and to determine that families have access to needed services. Additionally, the Center Coordinator is responsible for providing child abuse prevention education in this community. This lines item covers partial salary and fringe benefits (FICA and health insurance) for the Center Coordinator position. B. Supplies and Equipment: C. Program Services: D. Travel and Training: E. Other Approved: INDIRECT COSTS (10% Maximum): A. Personnel: B. Supplies and Equipment: C. Operational Services: D. Travel and Training: E. Facility and Utilities $13002.52: This line item provides partial utilities costs for running of the Fort Worth center. Currently, twelve Fort Worth Police Department employees have full-time office locations in this center. This line item covers $5,500 of the telephone costs and $7,000 of the electricity costs for the Fort Worth center. F. Legal,Financial, and Insurance: G. Other Approved: FORT WORTH CRIME CONTROL &PREVENTION DISTRICT Exhibit B Budget Summary DIRECT PROGRAM COSTS 9p°l°YMiulmuYu PERSONNEL Salaries 42,773.40 FICA 3427.70 Life Insurance Health Insurance 4,796.38 Disability Insurance Unemployment-State SUPPLIES AND EQUIPMENT Office Supplies Office Equipment Rental Postage Printing Craft Supplies Food Supplies Teaching Aids PROGRAM.SERVICES .PROGRAPGI-SE$PIGESUT� � TRAVEL AND TRAINING Travel Training Mileage TRAVEL AND TRAINIlVG TOTAL . .,. ,., h r r N. :_ MA on- -OTHER"PROVED D Field Trip Admission Expenses Other Field Trip Expenses OTHERA ' 'X20YE TOTA11 , 0;00 'IND7R�CTaPROGRAM,GOSTS.. -10%'1Vlagimum ,:�" Total -':' PERSONNEL Salaries -FICA , Life Insurance Health Insurance -Unemployment Worker's Compensation Retirement PERSONNEL TOTAL. " O.00x 14 SUPPLIES AND EQUIPMENT FORT WORTH. Exhibit C Request for Reimbursement(RFR) FY 2016 CRIME CONTROL AND PREVENTION DISTRICT Submit To: Submitting Agency: Alliance For Children,Inc. Bob Bolan Public Safety Complex Contact Name: Kyrie Downe Attn:Becky McGibson Phone Number: 817-348-1118 Program Support Division Email: kdowne 0liallianceforchildren.orq 505 West Felix St. Fort Worth,TX 76115 Remit Address: 908 Southland Ave,Fort Worth TX 76104 Invoice Number: FY15-16 Month of Request: October 2015-September 2016 DIRECT COSTS(90%Minimum) Z, - D s Total of Previous +C A-D This Month's Budget Category Budget Amount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available 1 Personnel S ''50,997:;98? 2 Supplies&Equipment --` MENEM N� 3 Program Services 4 Travel&Training NO° "aw 5 10therApproved 1,011WHOWM,r -z Total Direct Costs S -0-001V 97:48 S 1S INDIRECT COSTS(10%Maximum) TotalofPrevious Thhis is Month's +C A-D. Budget Category BudgetAmomt Reimbursements Total Requested Remaining Balance Requested Request To-Date Available I Personnel S5 rzrY ,' � 2 Supplies&Equipment 3 Operational Services t S Nri,WE 4 Travel&Training N= __, t-4 S 5 Facilities&Utilities 5 >3 002S2.n Ss � 302 52 6 Legal,Financial&Insurance Total InDirect Costs .$, 13,00A2 Summary: Total Budget: S 64,000.00 Previous Requests: S This Request: S Total Requested To-Date S Remaining Funds $ 64,000.00 I have review request and certify that the-se`� te fl listed expenses and support documentation are accurate. 1f 1 AutlZoMized Signatory Signatory Title Date Tumhase Order# -" Fund '`Account '. 'Cenln RFR Approved For Payment Finance Staff Signature Date Finance Received Stamp Placed Below FORT WORTH CRIME CONTROL &PREvEnm DISTRICT Exhibit D Fiscal Year 2016 Monthly Program Activities Report Current Reporting Month October 2015-September 2016 Submitting Agency Alliance For Children, Inc. Contact Name Julie Evans Phone Number and Email 817-335-7172 jevans@allianceforchildren.org Remit Address 908 Southland Ave, Fort Worth TX 76104 - =Activity =' Current -To.Date e' V Mow Total End 1 Number of Multidisciplinary Case Staffing Meetings 20 2 Number of cases staff at the Multidisciplinary Case Staffing Meetings 300 3 Number of Family Guides provided to families in Fort Worth Center 600 4 Number of individuals educated regarding child abuse 500 5 6 7 8 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date FORT WORTH CRIME CONTROL &PREVENTION DISTRicr Exhibit E Fiscal Year 2016 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Alliance For Children, Inc. Contact Name Julie Evans Phone Number and Email 817-335-7172 jevans @allianceforchildren.org Remit Address 908 Southland Ave, Fort Worth TX 76104 Please include outcome narrative that describes how measure was accomplished for each quarter. Measure 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 Medical Center and Alliance For Children staff. Outcome Measure 2 Determine whether the needs of children and families involved in 300 cases requiring review are being addressed by the child protection team during the multidisciplinary case staffing meetings. Outcome Measure 3 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. Outcome Measure 4 Educate 500 individuals on issues regarding child abuse through community presentations. Outcome Measure 5 Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: 15t Quarter(Oct-Dec) due January 15 2"d Quarter(Jan-Mar) due April 15 3rd Quarter(Apr-June) due July 15 4th Quarter(Jul-Sep) due October 15 FORT WORTH CRIME CONTROL &PREVENTION DISTRICT • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval • Modifications cannot be made between Direct and Indirect costs Exhibit F Request for Budget Modification Fiscal Year 2016 Date Submitting Agency Contact Name Phone Number and Email Remit Address DIRECT COSTS 90%o minimum Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Program Services Travel and Training Other Approved Total Direct Costs INDIRECT COSTS 10% maximum Budget Category Approved Budget Change Requested Revised Budget Personnel Supplies&Equipment Operational Services Travel and Training Facilities&Utilities Other Approved Total Indirect Costs Modification Narrative (describe in detail what change is for) I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY Q Modification Approved [ i odification NOT Approved FWPD Staff Signature Date 9/30/2015 M&C Review Official site of the City of Fort bVorth,Texas ITY COUNCIL AGENDA FORTV4/OTN COUNCIL ACTION: Approved on 912912015 REFERENCE ** 35ALLIANCE FOR CHILDREN DATE: 9/29/2015 NO.: C-27483 LOG NAME: FY 2016 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Alliance For Children in the Amount of$64,000.00 to Assist with the Funding of Child Abuse Prevention Programs in the City of Fort Worth for Fiscal Year 2016 (ALL COUNCILDISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Alliance For Children in the amount of$64,000.00 to assist with funding the Child Abuse Prevention Programs for Fiscal Year 2016. DISCUSSION: Alliance For Children is a local Children's Advocacy Center that seeks to protect the children of Tarrant County from abuse. Alliance For Children provides coordination efforts to local agencies investigating child abuse in order to reduce the emotional trauma of child abuse victims and to improve the justice system's response to child abuse. Alliance For Children unites efforts between public agencies to enlist community support, provide public education about child abuse, and recruit volunteers. The budgeted amount for Fiscal Year 2016 will be used to cover operating expenses and one salaried position. The term of the contract is October 1, 2015 through September 30, 2016. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that, contingent upon adoption of the Fiscal Year 2016 Budget by City Council, funds will be available in the Fiscal Year 2016 Budget of the General Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund/Account/Centers FROM Fund/Account/Centers 10100 5330201 0356115 $64.000.00 Submitted for City Manager's Office bk Rudolph Jackson (6199) Originating Department Head: Rhonda Robertson (4231) Additional Information Contact: James Rodriguez (4286) hfp://apps.cfwnet.org/council_packet/me—review.asp?ID=21472&r-ouncildate=9/29/2015 1/2