HomeMy WebLinkAboutContract 48791�
R�c�iv�o
- , ,, �il
P,'�� `� _ n �.„
�,� �
�� �j'[`( SECRE ARY�
��i�i�i�li� �� !
Ear���i�.
T`�x�� Po�ce ��ef� .���o����i�� I'ounda��o�
CC�Gl�I'�I�N AG EIl�I�'�
This Agreement is entered into betvveen the City of Fort �az�tli by and througli the Fort
Worth Police Departnnent, a duly constiiuted Texas Law Enfo�•cement Agency (hereafter refeired to as tZ�e
"Applicant"} and tl�e Texas Police Cluefs Association Foundation (hereaftez• refeired to as "TPCAF"),
WI'I'NESSETF,[
The Applicant and `I`1'CAF, fo1• and in consideration of the mutual covenants set foi�th in
this Agreement and the compensation io be paid TPCAF by ihe Applicant herein specified, covenant and
agree to be bouvd l�y the p7�avisions, terms, and covenants contained herein. _Therefore, eac� pat�ty
covenants and agrees as foIlows:
PURPOSE OF T�IiS AGREEMENT:
l, I The purpose of this Agreement is to establish the relationsliips between, and set
the responsibilities of, the parties to t�is Agreement (a) by assessing the Applicant's compliance wiih the
"Best Practices" esfablished by TPCAF in order fot� T�'CAF to detei�nine if the Applicant is eligible for
Recognition Status; and (b) by niaintaiu'tng compliance with those "Best Practices" by which they were
recognized until ihe agency obtains recognized stat��s again,
1.2 Unless specifically sfated otherwise, all terms and conditions stated in this
Agreeinent a�ply to initial recognition and any subsequent recognition, The Applicant is responsible foz•
cotnplying with all terms and conditions of ihis Agreerneni during the recognition process.
T�EFIIVITIONS:
Tl�e foilowing definitions apply ta terms used in tlus Agreement:
2,1 Recog�ition Committee: A comznittee appointed and empowez•ed by TPCAF to
develop, revise and inieipret ��ecognition "Best Pz�actices" standards, as well as gc•ant or deny recogniiion
to Applicants.
2.2 Recognized Status: Certzfcation fi•om TPCAF tbat the Applieant is in
compIiance with all applicable `Best Practices."
2,3 Assessors: Individuals appointed 6yRecogrutiQn Committee, who wi11 assisi the
Applicant in the Recognition process and review the Applicant's compliance with all "Best �'xactices;"
observe the Applicant's operations, and repoi�t their �'indings to the Recognition Committee.
2,4 "Best Practices"; A list and description of Texas law enforcement practices and or
policies that TPCA�' deternuned to represent `Best Practices" foY- agencies to eomply with.
3. APPLICIIN"I' RESPONSISILITiES:
The Applicant agrees to:
3.1 Provide all infoi7nation, using its best and honest judgment in good faith,
requested by T�CAF;
i;== -- - --�-_- --_-r
�
;��EFICI,�L ���:"'d� _: �
CI'i'Y ��C��T��:':% �
�'. �'°,��'"�y ��� �
! ____ _ �
3.2 P�•ovide all documen#s, fi3as, records, and other data as required by TPCAF so far
as the same xnay be provided iu accorda�ce with laws, �•egulations and ordinances of ilze State of Texas
and of Applicant; A.ppiicant's agreement i�l this section 3.2 to provide such documents, files, records, and
othei data and AppJieant's agz�eament in seciion 3.1 to provide such infoi�nation is x�ot aii agreenient io
provide any informatian that would be coufidential under tlie Texas Pablic Infai�nation Act or protectable
undez• tl�e Texas Public Information Aot without full compliance with the terms of the Texas Public
Infoa•nlation Act;
3.3 Conduct a self-assessmant as to the degree of compliance with "Best Praciices"
thai pertain io Applicant fiinctions and provide full and accuraie resulis thereo:Fto TPCAF;
3.4 Provide one or lnore persons ta assist TPCAF's representatives, hereaf�er
referred to as the "Assessors", in making ihe necessary inq�ziries and assessnzents aiApplicant
infoi�nation reiative to compliance with the "Best Practiees, ° pravide access ta iiles and recards, and
provide necessaiy facilities that are requested by the Assessors; and
3.5 Respond to a11 xecagnition-relaied eommunications from TPCAF witlun ten (� 0}
business days fro�n receipt thereof.
3,6 The head ofthe Iaw enfo�•cement agency covez�ed bv tkrs Agreement must be an
active niember in good standing of the i'exas Police Chiefs Associaiion at the time of ap�Izcation and
maintain. that membership for the du�•ation of'the Agreertzent.
4. TPCAF'S RESPONSIBILITIES:
TPCAF agrees to;
4.1 Provide necessary documentation, forms and znstruciions regarding the
recogni�ion process;
4.2 Provide Assessors for the purpose of eanducting an o�i-site assessment as to the
Applicani's compliance with appli.cable "Besi Practices" and pz•ovide an Assessor to assist the Applicant
with ihe recognition process;
4.3 Promptly analyze all eompliance data and advise the Applicant of (a) any need
for addiiionai informaiion, and {b} the results of the on-siie assessment;
4.4 Assess ali coinpliance data against the "Best Practices" and cez�tify the A�plicant
as Reeagnized if tlie appIicable "Best Practices" are met and co�npliance is aecepted by the Recognition
Committee;
4.5 Zf the Applicant is recognized, provide suitable indicators of z•eco�mition as
detei7nined by TPCAF.
4.6 Following a re�riew of compliance wiih the applicable "Best Fractzces," iithe
Applicant is not recognized by TPCAF at the iizne of revzew, the Applicant wilI be notified with the
;•easons for such determination wiihin thirty (30) days.
S. TIME FERIOD COVERED BY THIS AGREEMENT;
5.1 This A�reement sllall take effeci when the Agreement is properly executed by tl�e
Appiicant and T�CAI 's authoz7zed representative sign the Agreement.
5,2 The ternls and cavenants of this Agreement shall terminate in the following
cucurnstances:
(a) Failure fo achieve recognition �ithin twenty-foui• (24) months of TPCAF's
acceptance oitliis Agreem.eni except as provided in Section 5.3, or
(b) Upon written natice by ihe Applicant thai the Applicant intends to withdraw
froin the reoognition process; or
(c) Upon tenninaiion pursuant to Section 6.2 hereof; or
(d) Upon noti�cation pursuant to �ection 15, that the Applicant cannat znaintain
compliance wzth applicable `Best Praetices" sei forth by TPCAF: or
(e} Upo� failure of t1�� Applicant ta pay aIl fees and costs required by this
Agreemer�t relating to the Applicant's recogzlition wiit�in the time mandated,
except ihat the Agreement may be extended pursuant to Section 5.3; or
(f� Expiration ar revoeation of the Applicant's Recognized Status.
5.3 The Applicant z�ay subr�azi a written request ia TPCAF to extend this Agreement
iu oz•der to conxply wiih the applicable `Best Practices" for recognition. The Recognition Committee, in
its discretzon, may grant an extension,
5.4 The iniiial Recogniiion period shall be for forty-e'rght (48} monihs from the date
tlie Applicant is approved for Reeognitioi�,
5.5 Re-reaognition: 'The Appiieani �nust execute a Re-recognition Agreen�ent at least
tweive (12) manths. prior to the e�uation of theu• Recognized Status, The terms and conditions of re-
recognition shall be as a��eed upo� in the Re-recognition Agreement. Failure to ti�nely exeoute a Re�
recagniiion Agz•esznetit with TPCAF inay resuli in the lapse of the Applicant's Recognized Siatus.
6. MOD�ZCA'I'IONS:
b.1 App]icant shail nat make any madi£�eations to this Agreelnent except in writing,
signed and agreed to by both parties, and executed with the same foz�maliiies as this docunaent.
6.2 The Applieant z•ecagnizes and acknovvledges that it may be necessa�y �'or TPCAF
to make reasonable modifcations and aznerldments to the Ag�•eement and other r�lated docurnenis,
including but not limited to ihe recognition "Best Practices" and procedures thereto, Applioani shall be
notified af su.ch modifications and/or at�endments in writing. In the event the Applicant refuses or is
unable to camply �vith any n�od�cafions or amendments, 'IPCAF reserves the zxght to terrninate this
Agreement after due consideratron thereaf by giving wrztten notice as required by Seciion 17. Applicant
will be given reasonable apportunity to j�tst[fy Applicant's inability to adopt any or a11 nlodifications or
amendments priox• Eo TPCAF tei�niinating ihis agreement,
b.3 Applicant musi utilize the most cu�ren� edition of'the TPCA�' "Best Practices"
Mauual at ihe iirr►e of signing this Agreement.
'�, TIME AN;D I��IANNER OF 1'AXIVIENT:
7,1 The Applicant �nust reinit the fu st year's fee, as shown in 7.1(a), witliin thirty
(30) days of beil�g �oti�ied in wiiiing of the acceptance by TPCAF of the A�n�eemeni. Annual fees are
due on the anniversaly date of ihe Agreemant, The amotuit due is based on the number of s�.voi�
3
personnel in tl�e Applicant's agenc�. These fees may be changed by TPCAF afte� writien noti�cation to
alI Applicants, Recognized and Re-Recognized agencies, This fee is not refundable, Applicant
u�deistands and agraes that pa�ment of any fee or expenses does not insure in. any way or manner that
AppIicant wi11 beconie or remain a Recognized agency,
7.1(a) Annttal Fee Schedule;
Nulnbe�• of Sworn Persannel:
1-10
1I-25
26-50
51-100
101 �20Q
201 or more
$ 350.00
$ 50Q.OQ
$1,20�.00
�z,�oa.aa
�z,00a.00
$2,4d0.00
7.2 Applicant ag7•ees to pay far reasonable costs incui�ed by TPCAF for on-site
assessment. This ineludes travel, Iodging, meals an.d any other necessa�y incideutais to the ol�-site
assessmeni.
NEWS RELEASES:
8.1 'I'PCAF shall hava the right to identify the Ap�Iicant in a news release and any
pt�blicity pi�agram that TPCAF deems appro�riate after the Applicant's on-site review has been coinpleted
and the Applicant has obtained Recognized status.
8.2 The Appizcant shall provide TPCAF with a copy of all zts news xeleases or
pnblicity material concerning its recognition activities,
9. TPCAF AS AN INDEPENDENT CONTRA.CTOR:
In a11 znatters pet�taining to this Agreement, TPCAF shall be acting as an ind.ependent
contractor and neither'I'PCAF nor any af�icer, employee or agent of TPCAF wi11 be dee�ed an emplayee
of fhe Ap�licant, The selectio� and designation of tke personnel of TPCA�', as it relates to pe��foiniance
of its responsibilities undez• this Agreement, shall be xnade by TPACF.
10. INDEMNIFICATION:
Ta the extent aIIowed by Texas law, the Applicant sha11 indemnify and holc� harn�ess
TPCAF, its officex's, Evaluators, Assessars, Faeilitatoxs, emplayees, volunteers and agenfs from any and
aIl liability, loss or damage, including costs af def�nse and reasonable attoi�ey's fees, which may be
sufFered or incurred as a result of cla�ms, demands, suits or actio�s arisix�g ouf of or relaiing to the
perfoimance oi either party under this Agreexnent or by the adaptio� or use by Applicant of `Best
Practices." This indemnifieation shall not apply to any claims based o� TPCAF's intentional wt•ongdaing
or gross negligence in its per:fort,iance under tl�is Agr•eemeni. Nothing cantained in this Agz�eement shall
be interpreied to requzre that the City create a sinking fand.
11. INTEGRATION:
This inst�-umeni embodies the w�.ole Agreement af the parties. The pai�ties waz�rant that
there are �o promises, te��rns, conditions, ar obligatians oiher than those cantained he�•ein, Thzs
Agreement shall supersede all previous camzz�unications, repz•esentations, or agreements, either oral or
written, between ihe parties hereto.
L�
12. SEVERABII,ITY;
If any pravisioa� of th'ts Agreement oz• the application of such provision to any persan or
circumstance shall be held invafid, the remainder of this Agreement and the applicatioza of such provisions
to persons or ci�cumstances other than those io which it is hald invalid, shall noi be affected thereby.
13. WARRANTY NOT TNTENDED OR TMPLIED:
7t is understood that TPCAF's award of recognition does not constitute a warraniy,
expz•essed or implied, of total or continued complzance by tha Applicant with all ap�licable "Best
Praciices" and fuxiher, that it is not a substiiute foz� the Applicani's olzgoing and in depth zrzoi�itol7ng and
evaivation of its activities and c�uality of zts services,
14. APPLTCABLE LAW:
This agreement shall be gove�-ned and constn�ed in accordance with the laws af the State
of Texas.
15. MAINTAINING THE APPLICANT'S RECOGNIZED STATUS,
15.1 If the Applicani is awarded Recognized Status by TPCAF, the Applicant agrees
to remain Jn compliance with those "Sest Practiees" under which recognition is awarded. After an award
of �•ecagnit�on, il�e Applzcant agrees to (a) fi1e an annual report that certifies its co�ltinuing co�npliance on
a form approved by TPCAF a�d (b) pz•omptly notify TPCAF when it cannot or chooses not tQ maintain
compliance with "Besi Practices" undex• which it was recognized.
15.2 If'I'I'CAF has determined that reasonable grounds e�si to believe tliat an agency
is not in compliance with the applicabla "Best Practices" under whicli reca�nition was atx�arded, TPCAF
may requu•e an on-site review (full or pariial) at any iime du�•ing the Applicant's recognition period at the
Applicant's e�cpe�3se. TPCAF inay revoke recognized status if ihe reviaw indicaies that the Applicant is
not in cozxipliance with the 'Best Practices" under which it was recognized or niay take such otk�er action
as TPCAF deems appropriate.
15.3 If an Agency does not apply for Re-Reeagnition oz' a Recogiized or Re-
Racognized Agency notifies TPCAF in writing that they r�a longer will partici.pate in "Best Practices" or
Agreement is terminated tznder 6.2 ar Recognized Status is revoked under 15.2 or tl�e Agency has ��ot
paid the rec�uired fees in a timely nnanner the Agency sha11 remove aIi signs, syrnbols, designatians oz� any
oiher indicia of being a Recognized or Re-Recognized agency within thirty (30} days of the end of tk►e
Recognzzed or Re-Recognized �tatus period or when notified in writing of status being revoked or
terminaied.
16. Wt1IVER:
Any waiver by `TPCAF af any breach. of this Agreement by the App]icant shall relate
only ta thai particular breach and shall nat amount to a general waiver.
17. NOT�CE,
Any notice between the parties shall be in writing to the addresses as spec�ed in this
Agreement (Texas �'olice Chiefs Association �oundation, P. O. Box 1d30, Elgin, TX 78621) or to such
other address as either party ma� specify in writing iu accordance with ihis section. Notice, with respect
to the terms and conditions of this Agreement, to b� effective, shail be by registered, certified or expz'ess
mail.
5
Provision 17 Clause:
In accordance with Provision 17, any notices between parties shall also be directed to Marty
Humphrey at the following address: 505 W. Felix Street, Fort Worth, Texas 76115.
18, �IEADINGS;
The headings of this Agree.ment sha11 not be deemed paii of it and s]iall not i�� any way
affect its conshuciion,
19, CONSENT TO BE BOYJND;
19.1 The AppIicant has read and agcees to a�ud accepts the conditions set farth by
TPCAF and its recognition process,
19,2 Tius Agreement has been approved by all necessary Ap�licant action and the
persous signing on behaLf of the App�icant ceriifies they are duly authoixzed to sign aiid bind the
Applicant to all terms and conditions. The i%ad of the Agency �aa�ing application and the Of�cial Ilead
of �e governmental entity responsible for the Agency must sign the Applicatian.
)N TNESS WHEItEpg, il�e Applicant has caused this Agreeanent to be executed an
ihe � day of <� �p�-
ON BEHAI,F OF THE GOVERNMENTAL ENTrTy
�G�l�.� �
�i atuY•e_
�ale/l" ��t S1ii� �t �l
Name (iyped/piinted)
��'-�� �ti,-�y M.�-�as,e✓
T�t��
OnBehalf of TPCAF:
DATE: p'L - L Z �/ 7
BY:
J'arnes aughlin, rr.
TPCAF General Counsel and Executive Director
Texas Polzce Cluefs Association Foundaiion
P.O, Box 1030
E1gin, Texas 78621
Revised 11-17-10
0
ON BEHALF OF T�E GENC
a
�/ � �
Signature
���rar- i � �T���c;PL��� ,,._PH.�7
Name (typed/priuied)
�� o� -�c�L�T-C��
�'�i1e
�'(�-�rY �� � �7 ����� ��C
Name of Agency
=5�`� � F=�ix �4-� --r
Address
v T" �-��. i I� , 1 X�� b I I�
City, State, Zip
'�FICt�L It�'�:�m'�`�,,
CITY: ���'�T'�F�^�
�T'. EASP�l�'r �' ���
Executed on the�� ��-day o,� ��,/,�l'�- , 2017.
,� �� _
APPROVED AS TO FORM
AND LEGALITY:
. " ,
�
By. �� ��� ,-�� S i� i���� �
Jo'Ann Pate
�:; _ .,... ..._
AT'
:
Contract Authorization:
M&C: Not Requued
1295 Certification No.: Not Requii•ed
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.
M rty phr
Po icy alyst
��'FICIAL R�����.���,
CITY �����T��R�
�'i'.'�'.' r,'�3"�'��� �'X