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HomeMy WebLinkAboutContract 43498 (2)CITY SECRETARYL; r1qqY CONTRACT N0. .:� PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Charles Daniels, its duly authorized Assistant City Manager, and CNA Corporation ("Consultant"), a Non- Profit Corporation in the Commonwealth of Virginia and acting by and through Nicholas W. Hunter, its duly authorized Director, Contracts & Procurement. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with consulting services to determine the financial feasibility associated with operating a municipal jail to serve the City of Fort Worth's current and future needs, as well as, identify alternative financially feasible options. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Services, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence on _August 13, 2012_ ("Effective Date") and shall continue in effect for one year with two six month options to renew at the City's sole discretion, unless terminated earlier in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $80,620.00 in accordance with the provisions of this Agreement and the Payment Schedule/Project Work Plan of Hours and Hourly Rates attached as Exhibit "B," which is incorporated for all purposes herein. If the hours and hourly rates exceed those included in Exhibit B, the City shall not be responsible for additional compensation to Consultant. Consultant shall not perform any additional services for the City not specified by this Agreement, unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. The City 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. Professional Services Agreement CFW and CNA Corp. I N 0,_)-1 6--1 2 1 p f1 V4 •52 FFOCH L R © E ©8TY SEC 1TiY Ft Ulft M9 TN Page 1 of 12 In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this 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 shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing Consultant, for itself and its officers agents and employees, further agrees that it shall treat all infoi tnation provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. Consultant accepts full liability for any breach of confidential information and will make timely corrections to cure any breach. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have Professional Services Agreement CFW and CNA Corp. Page 2 of 12 access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that the Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall 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, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT 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(.), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor Professional Services Agreement CFW and CNA Corp. Page 3 of 12 shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Depending on the specific services awarded, additional insurance may be required at the City's sole discretion. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work 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 $250,000 $500,000 $100,000 Each accident on a combined single limit basis or Bodily injury per person Bodily injury per occurrence Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle' shall be any vehicle owned, hired and non - owned (c) Worker's Compensation Statutory limits Employer s liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1 01 et seq. Tex. Rev. Civ Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee Piofessional Services Agreement CFW and CNA Corp. Page 4 of 12 (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Coverage shall 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 shall be submitted to the City to evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All policies except Workers' Compensation shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The terns City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Consultant shall provide a minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such teinis shall be endorsed onto Consultant's insurance policies Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself', its personal representatives assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder it shall 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 Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. Professional Services Agreement CFW and CNA Corp. Page 5 of 12 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively deteii lined 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 The CITY: City of Fort Worth Attn: Charles W. Daniels 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile: (817) 392-8440 To CONSULTANT: CNA Corporation Attn: Nicholas W. Hunter 4825 Mark Center Drive Alexandria, VA 22311 Facsimile: (703) 824-2902 14. SOLICITATION OF EMPLOYEES. Neither the City nor Consultant shall, 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. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall 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 shall not in any way be affected or impaired. Piofessional Services Agreement CFW and CNA Corp. Page 6 of 12 19. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), 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, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part 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 shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, 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. 24. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has 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. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement CFW and CNA Corp. Page 7 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this , 2012 CITY OF FORT WORTH By: Date: Charles W. Daniels stant City Manager as /5. / By: tv. iii-12±Z, Je4e9 kV. alstead Chief of Police Date: filo-it__ Mary Kayser City Secretary CNA CORPORATION Nicholas W. Hunter Director Contracts & Procurement Date: g l /7/0 1 Z ATTEST: By: N/ A •<>1)** f 04 Sqk ar 0 001)"°°00 Q (P5 poa�0 8X0 V\r �°.0000°°*4) siCr � 4411160AS APPRO ;-1 AS FORM AND LEGALITY: By: • Jessica Sangsg Astant City Attorney CONTRACT AUTHORIZATION: M&C: (1 1/5-77/ Date Approved: Y i /' 1 Professional Services Agreement CFW and CNA Corp. OFFICIAL f E©rt CM SECRET TA Rif _ Flo Oetr1119TX Page8of12 EXHIBIT A Scope of Services Summary: The City of Fort Worth is interested in re-evaluating municipal jail service options that would meet both the current and future needs of the City. The City of Fort Worth will expect to house a daily average population of 150 inmates each day. The City of Fort Worth expects to book an average of 38,500 inmates annually. As such, the City requested proposals for consulting services to conduct an evaluation of municipal jail service options, including a financial feasibility analysis, an evaluation of existing and proposed jail operations to identify ways to be more efficient through improved policies and piocedures, and detailed recommendations to City personnel regarding each feasible option and the best course of future action. The City has been actively evaluating both short-term and long-term operational cost associated with an existing full -service contract for jail services to determine whether to renew or cancel the contract in future years. As a part of this evaluation process, the City has explored alternative options, including but not limited to, the evaluation of transforming an existing vacant correctional facility within the city limits of Fort Worth into a municipal jail. City personnel have conducted preliminary cost analysis to determine both start-up and annual operational costs and is seeking consultant services to conduct further analysis and to provide recommendations. Should the existing vacant facility be deemed as a feasible option and in the best interest of the City, the facility would be renovated to ensure it is compliant with all relevant building codes and standards. The City's Local Development Corporation currently owns the facility, and it would be leased to the Fort Worth Police Department. It is envisioned that if this option is feasible, the facility may house facility administration security administration (intake and release), inmate services, medical services, food services facility maintenance, inmates and an arraigmnent court. Phase I The Consultant shall: 1. Prepare a work plan consistent with the scope of work defined. 2. Prepare and maintain a project schedule and identify potential schedule delays, cost overruns, request for change directives and other problems which could affect the City's financial obligations or otherwise be of use in making recommendations to the City 3. Conduct an evaluation of municipal jail service options, including a feasibility analysis to determine which option is in the best interest of the City and make a detailed recommendation as to the best course of future action. This analysis should include the following: a. Conduct a comprehensive cost comparison to provide jail services through the existing contract, including associated cost not covered by the contract compared to all cost associated with alternative options. The consultant will develop a comprehensive, detailed project budget and report that would include, but not limited to the following: Professional Services Agreement CFW and CNA Corp. Page 9 of 12 i. All start-up costs, including but not limited to, renovation, training, equipment, supplies furnishings, IT, and other services in order for the facility to be fully functional and compliant with all building codes and standards by August 2013. Note: The consultant will be expected to conduct a review of preliminary renovation estimates to verify that the proposed estimates will bring the facility into compliance with building codes and standards and will meet the functional/operational needs as envisioned by the Police Department. Preliminary renovation cost estimates, existing building plans and specifications will be provided. ii. Staffing plan to ensure efficient and adequate staffing levels for all shifts, including but not limited to correctional and municipal jail administrative staff foi all areas of operations. iii. Identification of ways to maximize efficiencies and processes for each feasible option (i e projection of the volume of administrative work, etc) iv. Projected annual operating cost per year for a minimum of ten years, which may include (not limited to) the following* o Facility lease & amortized renovation cost o Facility administration & arraignment court services (i.e. public lobby, visitor processing, arraignment court support, facility administration, proposed liability, risk management, loss property, injury claims, cill rights, etc) o Security administration (i.e. Security administration, intake and release, training and muster, etc) o Inmate services - (laundJy, visitation area support staff inmate property management, id services, etc.) o Medical services o Food services o Facility maintenance (i.e. Janitorial services, bio-hazard services, building maintenance, landscaping, lawn care, etc) o Program services, if deemed necessary at this time o Utilities (i.e. telephone, cable, electricity, }rater, sewer, trash, etc.) o IT Services, including lifecycle of equipment (i. e. Seem it) equipment, cksktops, etc) o Other services as deemed necessary to operate a municipal jail It is also expected that the comprehensive, detailed project budget clearly identifies project cost for all parties involved, including the Police Department, Municipal Courts, Risk Management, Tiansportation and Public Works, the Local Development Corporation, and others as necessary. The City will provide preliminary estimates as developed by staff. 4. Provide a detailed report of recommendations regarding each feasible option and the best course of future action. A preliminary report should be provided within 30 days of the effective date of the contract, and a final report should be provided within 45 days of the effective date of the contract. 5. Be prepared and available to attend internal city staff meetings, Local Development Corporation meetings, City Council meetings or other meetings relevant to the project. The Consultant's purpose in attending these meetings will be to provide and/or present the results of the feasibility analysis, research and recommendations as applicable. Professional Services Agreement CFW and CNA Corp. Page 10 of 12 6. Meet with the Diamond Hill -Jarvis Neighborhood Advisory Council. Phase II Contingent on if the City decides to move forward with operating its own municipal jail, then* 1. Develop policies and procedures for the most favorable and feasible option This process should include ongoing input and communication with city staff. Policies and procedures cannot violate State or Federal law. 2. Develop detailed scope of services for multiple requests for proposals (RFP) necessary for contractual services in order for the facility to be fully operational by August 2013. Contractual services may include correctional services and/or general services (i e. food services, janitorial services, medical services, laundry, telephone, etc). The consultant will be expected to work with the City's Purchasing Division to determine which services may be expanded upon through existing contracts, and which services will need to go through the procurement process to enter into a new contract. All detailed scope of services should be finalized and submitted within 70 days from the effective date of the contract. The City will require a minimum of two vendors. 3. The Consultant shall prepare all deliverables in a professional and logically sequenced report so that recommendations are communicated clearly and concisely. Piofessional Services Agreement CFW and CNA Corp. Page 11 of 12 EXHIBIT B Payment Schedule Flat fee prices for delivery of the work are as follows: 1) Flat -fee for completing Phase I of the project 2) Flat fee for completing Phase II of the project 3) Total of Phase I and Phase II $ 50,639 $ 29,981* $ 80,620 *Phase 2 contingent upon if the City decides to move ahead with operating its own municipal jail Professional Services Agreement CFW and CNA Corp. Page 12 of 12 . Consulting Services to Conduct Feasibility Analysis Pertaining to Municipal Jail Services RFP No. 12-0219 1 Hourly Rate 1 PHASE 1 A.1 A.2 A.3 A.4 A.5 A.6 A.7 Table 3. Pro Pro ect Initiation Identiy data needs Submit request br data Stakeholder interviews Finalize project methodology Submit plan for review Adjust plan as necessary and finalize subtotal B.1 I Fiscal review B.2 IAdninistrative review 8.3 1 Perbrmance review B.4 'Identify potential changes in contract terns B.5 1 Cost•benefit analysis B.6 120-year projection of direct& indirect costs Isubtotal C.1 Physical plant review C.2 IStart-up cost analysis C.3 1Directoperating cost analysis CA 'Indirect cost analysis C.5 I Cost-benetit analysis C.6 120-year projection of direct& indirect costs 'subtotal ect Work Plan of Hours and Hourly Rates on • uc a compara I e ana Is o • ac a erns we D.1 Identiy all administrative, operating and capital costs attributable to City operation ofa D.2 I Identiy all current City costs that will be eliminated by in -sourcing this function D.3 lEstablish discount rate D.4 'Identify 20-year cost impact ofalternatives !subtotal E.1 Consolidate all project analysis E.2 Document methodology E.3 'Presentinanciatand operationalirrplications of both alternatives Ildentiy the alternative that is most favorable to the City E.4 'Presentpreliminary findings to the City 'subtotal F.1 Adjust report as required F.2 IPresentfinal report to Ciy 'subtotal 1 PHASE 2 r G.1 G.2 G.3 • Establish operational stndards Draft policies Draft procedures subtotal Establish contract services required 1 H.2 !Identiy current contracts that may be amended 1 H.3 'Develop scopes 'subtotal ec er T c Innis 2 2 8 4 2 2 2,986 8 8 8 8 4 7,678 8 $ 1,758 2 4 2,559 1 $ 16 3,517 1 $ 2 2 1 2,638 1 $ 8 2 21 21 24 1 1,687 1 $ - 1 $ 6,432 81 81 81 81 41 7,5921 $ 41 21 41 3,796 1 $ 1,687 $ 10,680 - I$ 5,062 1 $ 8 81 161 81 81 41 11,195 1 8I 8 8 8 4 12,654 2 21 21 4I 2,123 1 4 21 I 1,2651 $ - 1 $ 1 2,545 15,783 $ 7,913 $ 15,185 $ 6,749 $ ; 45,629 24 1 5,545 1 $ 1 8 24 24 12,309 1 $ 8 1 241 1 241 $ - I $ 12,309 8 161 24 1 10,123 1 $ 1 10 16 48 15,668 'HASE 2 STAFF COST PHASE 1 & 2 TOTAL HOURS PHASE 1 & 2 STAFF COST $5,545 $12,309 100 92 20,222 21,328 $ $10,123::' 120 $ 25,308 $0 32' $ 6,749 1 27,977 344 $ 73,606 15 Consulting Services to Conduct Feasibility Analysis Pertaining to Municipal Jail Services RFP No. 12-0219 With an additional funds allocated for travel, the summary table below illustrates how the fee is built by task. 1'cm.11eudxr`.j Hourly Rate PHASE 1 Travel Table 4. Summa Travel Fund Allocation $213 $220 $2l1 $211 S 5,010 2,004 16 M&C Review Page 1 of 2 CL:Ii1F' COUNCIL AGENDA DATE: COD SUBJECT: Official site of the City of Fort Worth, Texas FORT WORTU --Thar COUNCIL ACTION: Approved on 8/7/2012 o Ordinance No. 203134 M-2012 8/7/2012 REFERENCE NO.: **C-25772 LOG NAME: PUBLIC HEARING: Authorize Execution of a Professional Services Agreement with CNA Corporation in the Amount of $80,620.00 for Consulting Services to Determine the Financial Feasibility Associated with Operating a Municipal Jail to Serve the City of Fort Worth's Current and Future Needs, Identify Alternative Financially Feasible Options and Adopt Supplemental Appropriation Ordinance in the General Fund and Decrease the Unassigned Fund Balance in the Amount of $80,620.00 (ALL COUNCIL DISTRICTS) C TYPE: CONSENT RECOMMENDATION: 35JAIL CONSULTANT NO It is recommended that the City Council: 1. Authorize execution of a Professional Services Agreement with CNA Corporation in the amount of $80,620.00 for consulting services to determine the financial feasibility associated with operating a municipal jail to serve the City of Fort Worth's current and future needs and identify alternative financially feasible options; and 2 Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund in the amount of $80,620.00 and decreasing the unassigned general fund balance by the same amount. DISCUSSION: Currently, the City of Fort Worth has an Agreement with the City of Mansfield to provide detention services, including booking, transferring and detention of prisoners arrested by the City of Fort Worth. The initial contract with the City of Mansfield called for Mansfield to be paid $4,667,626.00 annually in payments in the amount of $388,968.83 per month for the first 12 months with payments to increase four percent annually for each subsequent term. This Agreement automatically renews for one-year terms for nine years until September 30, 2016, unless either party chooses not to renew this Agreement. To date, the City of Fort Worth is paying the City of Mansfield the amount of $5,678,880.00 annually or the amount of $473,240.00 monthly for these services not including over housing charges. A Request for Proposal (RFP) was issued on May 23, 2012, to acquire a consultant to conduct an evaluation of municipal jail service options, including a financial feasibility analysis, an evaluation of existing and proposed jail operations to identify ways to be more efficient through improved policies and procedures and detailed recommendations to City personnel regarding each feasible option and the best course of future action. The City has been actively evaluating both short-term and long-term operational costs associated with an existing full -service contract for jail services to determine whether to renew or cancel the contract in future years. As a part of this evaluation process, the City has explored alternative options, including but not limited to, the evaluation of transforming an existing vacant correctional facility within the City limits of Fort Worth into a municipal jail. City personnel have conducted preliminary cost analysis to determine both start-up and annual operational costs and is seeking consultant services to conduct further analysis and to provide recommendations. The City of Fort Worth has no previous purchasing history for this type of service. The recommended consultant, CNA Corporation, has proposed to provide the necessary services in two phases for a lump sum fee in the amount of $80,620.00. Staff considers this fee to be fair and http://apps.cfwnet.org/council packet/rnc_review. asp?ID=1718 8 &councildate 8/7/2012 8/8/2012 M&C Review Page 2 of 2 reasonable for the scope of services proposed. BID ADVERTISEMENTS - This RFP was advertised in the Fort Worth Star -Telegram on May 23, 2012, May 30, 2012, June 6, 2012, June, 13, 2012 and June 20, 2012. Thirty vendors were solicited from the purchasing vendor system, and three responses were received from Creative Corrections, MGT and CNA Corporation. PRICE ANALYSIS - The City of Fort Worth has no previous purchasing history for this type of service. The recommended consultant, CNA Corporation, has proposed to provide the necessary services in two phases for a lump sum fee in the amount of $80,620.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. AGREEMENT TERMS - Upon City Council approval, this Agreement will begin on August 8, 2012 and expire August 31, 2013. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager for the Purchase Agreement in an amount up to $20,155.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. RENEWAL OPTIONS o This Agreement may be renewed for up to a one-year term at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budgets, as appropriated, in the General Fund Upon approval, the unassigned fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. TO Fund/Account/Centers FROM Fund/Account/Centers 1) 0001 539120 0353501 $80 620.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 35Jail Consultant A012 doc Charles Daniels (6199) Jeffrey W. Halstead (4201) Aya Ealy (4239) http://apps.cfwnet.org/council packet/me review. asp?ID =1 71 8 8 &councildate=8/7/20 1 2 8/8/2012