HomeMy WebLinkAboutContract 43889 (2)C [TV SECRETARY, j f
e NTRACT NO. 1--�
STATE OF TEXAS
COUNTY OF TARRANT §
CONTRACT BETWEEN THE CITY OF FORT WORTH AND THE SAFE CITY
COMMISSION, INC. FOR FUNDING FROM THE CRIME CONTROL AND PREVENTION
DISTRICT FOR THE CALL CENTER PROGRAM
In consideration of the mutual covenants, promises and agreements contained herein, THIS
AGREEMENT ("Agreement") is made and entered into between CITY OF FORT WORTH, a home rule
municipal corporation of the State of Texas, ("City") acting by and through Charles W. Daniels, its duly
authorized Assistant City Manager, and THE SAFE CITY COMMISSION, INC., a Texas non-profit
organization (hereinafter referred to as SCC) acting by and through Ken Sheffer, its duly authorized
representative.
RECITALS
WHEREAS, City has determined that a Safe City Commission "Crime Stoppers Call Center" is
necessary to improve efficiency of the dissemination of the tip information to all 37 municipalities and all
18 school districts in Tarrant County by creating and operating a local, in-house tip call center; and
WHEREAS, SCC has agreed to operate a call center that will be staffed by paid qualified public
safety dispatchers that will operate between the hours of 7:00 a.m. and 11:00 p.m., Monday through
Thursday; 7 a.m. to midnight on Friday; and 8:00 a.m. to midnight Saturday and Sunday, 52 weeks per
year, to operate the hotline. A voicemail system will be established to receive after -hour calls, which will
be addressed the following morning at 7:00 a.m.; and
WHEREAS, City desires to contract with SCC to operate a Crime Stoppers Ca11 Center; and
WHEREAS, City, as consideration for the performance of SCC, has appropriated monies in the
Crime Control and Prevention District (CCPD) budget in the amount of $75,000.00 ("Program Funds") to
provide to the SCC for the operation of the Crime Stoppers Ca11 Center.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
AGREEMENT
1. Resnonsibilities of SCC
SCC covenants and agrees to fully perform, or cause to be performed, with good faith and due
diligence, all work and services described in Exhibit "A" to this agreement, attached and incorporated
herein for all purposes incident to this Agreement. SCC shall be responsible for day-to-day
administration of the Crime Stoppers Ca11 Center. SCC agrees to expend the Program Funds in
accordance with its Crime Stoppers Call Center budget as described in Exhibit "B," attached and
incorporated herein for all purposes incident to this Agreement.
FY 2013 Agreement: CFW & SCC-Call Center 1
11-15-12 A10:25 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2. Program Funds
2.1 In no event shall the total distributions of Program Funds from City made to the SCC during the
term of this Agreement exceed the total sum of $75,000.00 for the operation of the Crime Stoppers Call
Center. SCC shall keep all Program Funds in a specific account designated only for the Program Funds
and shall not commingle the Program Funds with any other monies. In the event this Agreement is
terminated, for any reason at any time, SCC shall return to City any unused portion of Program Funds
distributed hereunder.
2.2 Payment of the Program Funds from City to SCC shall be made on a quarterly basis in a lump
sum of $18,750 each for services tendered 1st Quartei-Octobei through December 2" Quarter -January
through March 3rd Quarter -April through June, and 4th Quarter -July through September. The invoice
shall be submitted in sufficient detail to determine whether costs are allowable under the agreement, and
support documentation to substantiate the expenditures must be provided to the City prior to the invoice
being approved for payment.
2.3 SCC is authorized to adjust any categories in the budget in an amount not to exceed 5% of those
particular categories without pnor approval of City, as long as the total sum does not exceed the amount
of the Program Funds; however, SCC must notify City in writing of any such adjustments. Any
adjustment of more than 5% in any category must have written permission from City prior to the budget
adjustment being made. Any program income earned directly as a result of the Crime Stoppers Call
Center must be reported monthly and may be expended on the Crime Stoppers Call Center with written
permission from the program coordinator INVOICES for payment, and budget adjustments shall be
submitted to the Fiscal Management Division of the Fort Worth Police Department, ATTENTION: Aya
Ealy 350 W. Belknap, Fort Worth, Texas, 76102.
3. Term
The initial term of this Agreement is for a period beginning on October 1, 2012, regardless of the
date actually executed, and ending on September 30, 2013. All expenditures must be completed prior to
September 30, 2013.
4. Program Performance
4.1 SCC agrees to maintain full documentation supporting the performance of the work and
fulfillment of the objectives set forth in Exhibit "A" to this Agreement.
4.2 SCC agrees to provide a quarterly Performance Narrative to document the performance of the
work described in Exhibit "A." The Performance Narrative shall document the details of the Crime
Stoppers Call Center activities and include a description of the program outcomes Additionally, it should
include any successes realized in descriptive detail. The quarterly Performance Narrative shall be
submitted to City no later than the 15 I' day after the end of each month.
5. Default and Termination
5.1 This Agreement is wholly conditioned upon the actual receipt by City of Program Funds from the
CCPD. All monies distributed to SCC hereunder shall be exclusively from monies received from the
CCPD, and not from any other monies of City. In the event that funds from the CCPD are not timely
received, in whole or in part City may, at its sole discretion, terminate this Agreement and City shall not
FY 2013 Agreement: CFW & SCC-Call Center 2
be liable for payment for any work or services performed by SCC under or in connection with this
Agreement.
5.2 If for any reason at any time during any terms of this Agreement, City Council of City fails to
appropriate funds sufficient foi 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 SCC by written
notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by City
Council for the purposes set forth in this Agreement.
5.3 This Agreement may be terminated by City, in whole or in part, whenever such termination is
determined by City to be in the best interest of City; such as in event of SCC default; inability of either
party to perform or to comply with the terms herein; or for other good cause.
5.4 Termination will be effected by delivering to SCC a notice of termination, specifying the portion
of the Agreement affected and the effective date of termination Upon SCC's receipt of notice of
teiutination, SCC shall:
(a) Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
(b) Place no further order or subcontracts, except as may be necessary for completion of the
work not terminated;
(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.
5.5 In the event City suspends or terminates this contract for cause and the cause foi such suspension
or termination is determined to be invalid, the SCC's sole remedy shall be reinstatement of this contract.
SCC expressly waives any and all rights to monetary damages, including but not limited to actual and
punitive damages and court costs.
5.6 Within thirty (30) days following the date of termination of this Agreement, SCC shall return to
City any property provided hereunder or as so directed by the Contract Administrator. City will have no
responsibility or liability for SCC's expenditures of actions occurring after the effective date of
termination of the Agreement.
6. Administrative Requirements
6.1 SCC 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 anytime
any and all such records relating to operations of SCC under this Agreement. SCC, 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 SCC s
operations will be undertaken and may be conducted either by City or an Independent Public Accountant
of City's choice SCC shall submit a copy of any audit performed by their independent auditor within 30
days of receipt of the final audit report.
FY 2013 Agreement: CFW & SCC-Call Center 3
6.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved within
fifteen (15) days after notice to SCC by City If questions aie not resolved within this period, City
reserves the right to withhold further funding under this and/or future contract(s) with SCC.
6.3 If, as a result of any audit, it is determined that SCC misused, misapplied or misappropriated all
or any part of the Program Funds SCC agrees to reimburse City the amount of such monies so misused,
misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against
City because of such misuse, misapplication or misappropriation
6.4 SCC's obligation to City shall not end until all closeout requirements are completed. Activities
required during this closeout period shall include, but are not limited to: making final payments,
disposing of Crime Stoppers Call Center assets as appropriate and any other actions as directed by City's
Contract Administrator
6.5 SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be perfonned by SCC under this Agreement, and City shall have access at all
reasonable hours to offices and records of the SCC, its officers, members, agents, employees, and
subcontractors for the purpose of such monitoring.
7. Independent Contractor
7.1 SCC shall operate hereunder as an independent contractor and not as an officer, agent, or servant
or employee of City. SCC shall have exclusive control of, and the exclusive right to control, the details of
the work and services performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, employees
subcontractors, program participants licensees or invitees. The doctrine of respondent superior shall not
apply as between City and SCC, its officers, members, agents, servants, employees, subcontractors,
program participants licensees or invitees, and nothing herein shall be construed as creating a partnership
or joint enterprise between City and SCC. It is expressly understood and agreed that no officer, member,
agent, employee, subcontractor, licensee or invitee of the SCC, nor any program participant hereunder is
in the paid service of City and that City does not have the legal right to control the details of the tasks
performed hereunder by SCC its officers, members agents, employees subcontractors, program
participants licensees or invitees.
7.2 City shall in no way nor under any circumstances be responsible for any property belonging to
SCC, its officers, members agents, employees, subcontractors, program participants, licensees or
invitees which may be lost, stolen, destroyed or in any way damaged.
8. Indemnification
8.1 SCC covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and
its officers, agents, servants and employees from and against any and all claims or suits for property loss
or damage and/or personal injury, including death, to any and all persons of whatsoever kind or character,
whether real or asserted, arising out of or in connection with the execution, performance, attempted
performance or nonperformance of this agreement and/or the operations, activities and services of the
program described herein, whether or not caused, in whole or in part, by alleged negligence of officers,
agents, servants, employees, or subcontractors and SSC hereby assumes all liability and responsibility of
City and its officers agents, servants and employees for any and all claims or suits for property loss or
damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character,
whether real or asserted, arising out of or in connection with the execution, performance attempted
performance or non-performance of this contract and agreement and/or the operations, activities and
FY 2013 Agreement: CFW & SCC-Call Center 4
services of the programs described herein, whether or not caused in whole or in part, by alleged
negligence of officers, agents, servants, employees or subcontractors of City. SCC likewise covenants
and agrees to and does hereby indemnify and hold harmless City from and against any and all injury,
damage or destruction of property of City, arising out of or in connection with all acts or omissions of
SCC, its officers, members, agents, employees, subcontractors, invitees licensees, or program
participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees,
or subcontractors;
8.2 SCC agrees to and shall release City, its agents, employees, officers 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.
8.3 SCC 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.
9. Non -Assignment
No assignment or delegation of duties under this Agreement by SCC shall be effective without
City's prior written approval.
10. Prohibition Against Interest
10.1 No member, officer or employee of City, or its designees or agents; no member of the governing
body of the locality in which the Crime Stoppers Call Center is situated; and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the Cnme
Stoppers Call Center during his tenure or for one year thereafter, shall have any interest, direct or indirect,
in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. SCC shall
incorporate, 01 cause to be incorporated, like language prohibiting such interest, in all contracts and
subcontracts hereunder
10.2 No officer, employee, member or program participant of SCC shall have a financial interest,
direct on indirect, in this Agreement or the monies transferred hereunder, or be financially interested,
directly or indirectly, in the sale to SCC of any land, materials, supplies or services purchased with any
funds transferred hereunder, except on behalf of SCC, as an officer, employee, member or program
participant Any willful violation of this paragraph with the knowledge, expressed or implied, of SCC or
its subcontractors, shall render this Agreement voidable by City of Fort Worth.
11. Nondiscrimination
11.1 In accordance with the policy of the Executive Branch of the federal government, SCC covenants
that neither it nor any of its officers, members, agents employees, program participants, or
subcontractors, while engaged in performing this Agreement shall in connection with the employment,
advancement, or discharge of employees, in connection with the terms, conditions or privileges of their
employment discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan, or statutory requirement.
11.2 SCC will not unlawfully discriminate against any person or persons because of sex, race, religion,
age, disability color, national origin, or familial status, nor will SCC permit its officers, members, agents,
employees subcontractors or program participants to engage in such discrimination
FY 2013 Agreement: CFW & SCC-Call Center 5
11.3 This Agreement is made and entered into with reference specifically to Chapter 17, Article III
("Discrimination"), Division 3 ("I -employment Practices"), of City Code of City of Fort Worth, and SCC
hereby covenants and agrees that SCC, its officers, members, agents, employees and subcontractors, have
fully complied with same and that no employee, employee -applicant or program participant has been
discriminated against by the terms of such ordinance by either SCC, its officers, members agents,
employees or subcontractors.
11.4 SCC further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants or persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this contract, 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.
11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), SCC
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of
disability in the provision of services to the general public nor in the availability, terms and/or conditions
of employment for applicants for employment with SCC, or employees of SCC or any of its
subcontractors. SCC warrants it will fully comply with ADA's provisions and any other applicable
Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City arising out of
SCC's and/or its subcontractors' alleged failure to comply with the above -referenced laws concerning
disability discrimination in the performance of this Agreement.
12. Compliance
12.1 SCC, its officers, members, agents, employees, program participants, and subcontractors, shall
abide by and comply with all laws, federal, state and local including all ordinances, rules and regulations
of City If City calls to the attention of SCC any such violation on the part of SCC or any of its officers,
members agents, employees, subcontractors or program participants, then SCC shall immediately desist
from and correct such violation
12.2 SCC shall utilize Program Funds and City funds strictly for those purposes and goals intended
under the terms and conditions of this Agreement. If City calls the attention of SCC to any such
violations on the part of SCC or any of its officers members, agents, employees, program participants or
subcontractors then SCC shall immediately desist from and correct such violation.
12.3 City delegates authority for contract administration, compliance, and monitoring to the Contract
Administrator Program Support Division, Grants and Contracts Section.
13. Waiver of Immunity
If SCC 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; SCC
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.
14. Miscellaneous Provisions
14.1 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
FY 2013 Agreement: CFW & SCC-Call Center 6
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
14.2 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 relinquishment to any extent of
City's right to assert or rely upon any such term or right on any future occasion
14.3 Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this Agreement, venue for said action shall
he in Tarrant County, Texas
14.4 SCC represents that it possesses the legal authority, pursuant to a proper, appropriate and official
motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities
herein required
14.5 This written instrument and the exhibits attached hereto, which are incorporated by reference and
made a part of this Agreement for all purposes constitute the entire agreement between the parties
concerning the work and services to be performed hereunder, and any prior or contemporaneous oral or
written agreements which purport to vary from the terms hereof shall be void. Any amendments to the
terms of this Agreement must be in writing and must be approved by each party.
14.6 All notices required or permitted by this Agreement must be in writing and are deemed delivered
on the earlier of the date actually received or the third day following (i) deposit in a United States Postal
Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and
(iii) addressed to the other party at the address set out in the preamble of this Agreement or at such other
address as the receiving party designates by proper notice to the sending party.
CITY: SCC:
Charles W. Darnels
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Ken Shetter
Executive Director
Safe City Commission
777 W. Rosedale Street
Fort Worth, Texas 76106
14.7 None of the performance rendered under this Agreement shall involve, and no portion of the
Program Funds received hereunder shall be used, directly or indirectly for the construction operations,
maintenance or administration of any sectarian or religious facility or activity nor shall said performance
rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or
religious facility or activity.
14.8 SCC certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue Service. SCC
shall notify City in writing of any changes to its 501(c)(3) tax-exempt status during the term of this
Agreement.
14.9 Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
14.10 The provisions and conditions of this Agreement are meant solely for the benefit of City and SCC
and are not intended to create any rights, contractual or otherwise, to any other per son or entity
FY 2013 Agreement: CFW & SCC-Call Center 7
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective October 1, 2012.
CITY OF FORT WORTH
Jeffrey W. Halstead
Chief of Police
Ch rles W. Daniels r
Assis .. City Manager
SAFE CITY COMMISSION, INC.
President of the Board
APPROVED AS TO FORM AND LEGALITY:
Jessica a ' _svang
Assist . City Attorney
ATTEST:
,E.t.a. /* C
''►,
Thifraty Secretary
Authorization:
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FY 2013 Agreement: CFW & SCC-Call Center 8
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OFFICIAL RECORD
CITY SECRETARY
IFT. WORTh, TX
Exhibit A
Safe City Commission Crime Stoppers Ca1I Center Performance Measures
1. The Safe City Commission Crime Stoppers Call Center will be available to the public and staffed
by personnel 365 days of the year and a minimum of 14 hours per day.
2. Call Center staff will engage a minimum of 7,000 informant contacts.
3. Call Center staff will process a minimum of 2,500 Crime Stoppers tips.
Safe City Commission Call Center Program Activities
1. Number of hours worked in Safe City Commission Crime Stoppers Call Center.
2. Number of informant contacts.
3. Number of tips received and referred to law enforcement or school personnel
FY 2013 Agreement: CFW & SCC-Call Center 9
EXHIBIT B
Safe City, Commission City of Fort Worth Call Center Contract
Ca11 Center Wages: $75,000
Provide hourly wages to part-time staff to operate the Safe City Commission Crime Stoppers Call Center
seven days per week
FY 2013 Agreement: CFW & SCC-Call Center 10
M&C Review
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acv
Official site of the City of Fort Worth, Texas
FORT WORTIJ
DATE:
CODE:
COUNCIL ACTION: Approved on 9/11/2012
9/11/2012 REFERENCE NO.: **C-25809 LOG NAME:
PUBLIC
HEARING:
SUBJECT: Authorize Execution of an Agreement with Safe City Commission, Inc., in the Amount of
$75,000.00 to Continue the Operation of the Crime Stoppers Call Center for Fiscal Year
2013 (ALL COUNCIL DISTRICTS)
C TYPE: CONSENT
35SCCCALL2013
NO
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement with the Safe City
Commission, Inc., in the amount of $75,000.00 to continue the operation of the Crime Stoppers Call
Center for Fiscal Year 2013.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Safe City Commission Crime
Stoppers Program. Prior to Fiscal Year 2007, there was not an effective system to provide useful,
accurate information for the Crime Stoppers Program In an effort to improve efficiency of the
dissemination of the tip information to all 37 municipalities and all 18 school districts in Tarrant
County, Safe City Commission, Inc., began the creation of a local, in-house tip call center. The call
center is staffed by paid off -duty public safety dispatchers that operate between the hours of 8:00
a.m. and 12.00 a.m., seven days a week, 365 days a year. A voicemail system receives after -hour
calls, which are checked the following morning at 8:00 a.m.
The Fiscal Year 2013 budget will include the amount of $75,000.00 in the Crime Control and
Prevention District Fund for the Crime Stoppers Call Center. This Agreement shall not be effective
until October 1, 2012 and the City shall not be obligated to make any payments under this Agreement
or be otherwise liable for any other obligations until the budget becomes effective. This Agreement
will end September 30, 2013.
FISCAL INFORMATION/CERTIFICATION:
The Financial Services Director certifies that upon approval of the above recommendation, and upon
adoption of the Fiscal Year 2012-2013 budget by the City Council to include the above recommended
item(s), funds will be available in the Fiscal Year 2013 operating budget, as appropriated, of the
Crime Control and Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 531200 0359102 $75,000.00
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Charles W Daniels (6199)
Jeffrey W. Halstead (4210)
Aya Ealy (4239)
http://apps.cfwnet.org/council packet/me _review. asp?ID 17255 &councildate=9/11/2012 11 /2/2012