HomeMy WebLinkAboutContract 54641 CSC No. 54641
LEASE AGREEMENT
BETWEEN SAFE CITY COMMISSION,INC. AND
CITY OF FORT WORTH
This Lease Agreement("Agreement")is entered into by and between Safe City Commission,Inc.,
a Texas non-profit corporation("SCC")and the City of Fort Worth,a Texas municipal corporation
("City")
WHEREAS, SCC exists to provide for a cooperative, collaborative, multi-disciplinary
effort between various agencies in Tarrant County for the investigation, prosecution, protection,
and treatment of domestic violence and sexual assault related to domestic violence victims and
their children with a focus on victims first and law enforcement and legal proceedings second;
WHEREAS,to further this mission,SCC owns a building located at 1100 Hemphill Street,
Fort Worth, Texas 76104 ("Building") and operates One Safe Place, Inc. ("OSP") housing a
collection of public and social service agency organizations, where professionals and volunteers
fulfill a community need for "one stop shop" services to victims of domestic violence and their
children;
WHEREAS, it is beneficial to SCC to provide office space where community partners can
co-locate and collaborate, so that services to victims of domestic violence and their children can
be coordinated and streamlined; and
WHEREAS, City and FWPD is a partner in the OSP Family Justice Center program. To
further this partnership the City has a limited number of personnel assigned to the Building; and
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WHEREAS, SCC and City wish to enter into this Agreement regarding the Building.
NOW, THEREFORE, in consideration of the City's participation with SCC in its mission, and
other promises and covenants set forth below, the parties agree as follows:
1. Leased Premises: SCC agrees to provide City, at SCC's sole cost and expense, the
following to be used by the Fort Worth Police Department("FWPD"):
1.1 Use of the second floor of the Building ("Leased Premises") for law enforcement
activities including the Sexual Assault Unit,Domestic Violence Unit,Victim Assistance Unit and
the Crisis Intervention Team. No other agencies other than FWPD will use areas of the second
floor without written consent of FWPD and
1.2 Shared use of other facilities in the Building (Shared Facilities") including but not
limited to, the common area of the first floor, first floor waiting rooms, two recorded interview
rooms, lounge and kitchen area, reception area and classrooms.
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One Safe Place OFFICIAL RECORD
Agreement CITY SECRETARY
FT.WORTH,TX
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2. Nature of the Agreement: The parties agree that the participation of City with SCC at
the Building does not create an employment, tenancy, or agency relationship between SCC and
City, or any of their officers,employees, volunteers,agents or contractors.
2.1 City and FWPD acknowledges the requirement to and agrees to provide Service
Data to support SCC's efforts to comply with the requirements of Crime Control and Prevention
District ("CCPD") Board of Directors and associated policies. "Service Data" as used herein
means any data developed from measurable activities performed by FWPD personnel located in
the Building.
2.2 The Agreement allows reasonable dispute resolution between the parties so that the
Board has adequate assurance the parties have recourse against each other in the event questions
or issues arise regarding use of District funds.
3. Term:
3.1 Primacy Term. Unless terminated earlier pursuant to the terms herein, the initial
term of this Agreement shall be effective beginning on the October 1, 2020 and ending on the
September 30,2021.
3.2 Renewals. Subject to City not being in default under this Agreement, this
Agreement provides for unlimited and automatic one year renewal periods at the end of the primary
term, to continue until terminated as set forth in Section 9 below.
4. Funding; Funding and additional consideration for the Leased Premises will be subject to
a separate contract for the One Safe Place program.
5. Utilities: SCC shall provide, at SCC's expense, all utilities including internet and
telephone service, unless otherwise agreed by the parties related to the Leased Premises and/or
Shared Facilities. FWPD may utilize its own internet and/or telephone service provider at it's own
expense. SCC shall provide a secured space for City and FWPD computer networking equipment
in the Leased Premises. City shall provide all computers, network equipment, phones, fax
machines, copiers, and office supplies for the FWPD and its employees.
G. Repairs and Maintenance. Repairs (including structural repairs) and general
maintenance of the Building, including but not limited to, daily (regular work days) cleaning of
the Leased Premises, shall be SCC's sole responsibility and expense. FWPD shall maintain the
Leased Premises as necessary to serve City's purposes hereunder.Notwithstanding the foregoing,
SCC shall not be obligated to make any repairs necessitated by the negligence of City, FWPD or j
by any breach of this Agreement by City. The City will be financial responsible for any repairs
necessitated by the negligence of City or FWPD.
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7. Access: SCC acknowledges that City is subject to compliance with certain federal and
state requirements related to law enforcement information and activities,including but not limited
to the Criminal Justice Information Services ("CJIS") Security Policy, which integrates certain
presidential directives, federal laws,FBI directives and more,therefore;
7.1 CJIS certification. All personnel accessing the Leased Premises must be CJIS
certified, including but not limited to, FWPD police and civilian employees, SCC employees, all
maintenance and cleaning staff. If an SCC employee needs access to the Leased Premises prior to
being CJIS certified, they must be escorted by someone who is CJIS certified. SCC agrees to
cooperate with City in implementing any necessary procedures, guidelines, physical and
information access restrictions,background check requirements,or other changes in order for City
to meet its requirements.
7.2 Proxy Cards. SCC requires secured access to certain areas of the Building during
business hours,and to the entire Building after business hours. SCC will ensure FWPD has access
at all times to the Building and all portions of the Building to fulfill City's participation with SCC
at the Building. SCC agrees to supply the FWPD with proxy cards to enter all the Cast, West and
South facing doors to the Building. City agrees to comply with all security requirements of SCC
to insure maximum security regarding access to the Building after business hours and portions
thereof during business horns. Provision of proxy cards to individuals is contingent upon
completion of required Family Justice Center orientation training within 90 days of receipt of
proxy card.
7.3 After Hours Response. FWPD personnel will inform alarm monitoring provider
of any after hour(SCC shall provide to FWPD information designating after hour time frarne and
alarm notification procedures) access to the Building in order to avoid false alarm emergency
response. SCC shall not be responsible for fees resulting from false alarm emergency response.
8. Equipment Removal: SCC herein agrees that no property or equipment, including but
not limited to video carnera equipment and computer network equipment, owned or installed by
City,or any representative of City,shall, under any circumstances,become a fixture,and that City
shall reserve the right to remove any and all such property or equipment at any time during the
term of this Agreement, or subsequent to its termination by either party.
9. Termination: This Agreement shall continue until (i) either party gives the other party
ninety (90) days' written notice of termination,which notice may be given at any time during the
then-current term or(ii) City's City Council shall fail to appropriate sufficient funds to satisfy any
obligation of City hereunder,and then termination shall be effective as of the last day of the fiscal
period for which sufficient fiends were appropriated or upon expenditure of all appropriated funds,
whichever comes first. Termination pursuant to this Section 9 shall be without further penalty or
expense to either party.
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10. Insurance.
10.1 SCC shall have no contractual obligation to insure any of City or FWPD personal
property located thereon or therein the Leased Premises or Shared Premises.
10.2 City is a self-funded entity and as such may not maintain a commercial liability
insurance policy to cover premises liability. Damages for which City would ultimately be found
liable would be paid directly and primarily by the City and not by a commercial insurance
company.
10.3 In the event the Leased Premises or City's contents or personalty located thereon or
therein are damaged or destroyed by fire or other casualty for which insurance is maintained by
City,the rights of City against SCC with respect to such damage or destruction or claim are waived;
all rights of subrogation in favor of any other third party are waived;all policies of insurance shall
contain a clause or endorsement providing in substance that the insurance shall not be prejudiced
if the City has waived right of recovery from any person or persons prior to the date and time of
loss or damage, if any. The failure of City to obtain such endorsements,however,shall not negate
or otherwise adversely affect the waiver of subrogation herein set forth, which waiver in all
instances shall be binding upon the City and its respective insurers, as well as any other person
asserting a claim by, through or under City.
11. Parking: SCC shall provide up to 12 exclusive parking spaces in the perking lot adjacent
to the Building and marked for"FWPD Only".
12. Additional Terms:
12.1 FWPD shall be allowed to display personal items in their desk area however,any item
that is deemed offensive by OSP management or staff,other tenants and visitors shall be removed
immediately.
12.2 FWPD shall not affix anything to the walls or windows without prior approval from
OSP.
12.2 SCC agrees to work with the FWPD to install adjustable window shades on the second
floor windows at SCC's expense contingent upon available funding.
12.4 No appliances other than refrigerator, coffee service equipment, water cooler and
microwave are permitted on the second floor with location and use limited to the breakroom only.
12.5. FWPD shall be allowed to consume food and drinks at their desk area provided the
area is maintained and cleaned.
12.6 To further support and grow the partnership between the FWPD and Once Safe Place
management,staff and other tenants at the Family Justice Center,each Unit or Division of FWPD
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operating at the Family Justice Center shall have a supervisor attend the monthly l,aniily Justice
Center partnership meetings.
13. Notices: Notices required to be made under this Agreement shall be sent to the following
persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such change:
All notices to SCC shall be sent to:
One Safe Place
1100 Hemphill Blvd.
Fort Worth, Texas 76104
Attn: Ken Shetter,President
All notices to City shall be sent to:
City of Fort Worth Police Department
Bob Bolen Public Safety Complex
505 West Felix
Fort Worth, Texas 76115
Attention: Planning Manager
With a copy to:
City of Fort Worth
Property Management Department
900 Monroe, Suite 400
Fort Worth,Texas 76102
Attention: Lease Management
And a copy to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
All time periods related to any notice requirements specified in the Lease shall commence upon the terms specified
in the section requiring the notice.
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<SIGNATURES ON FOLLOWING PAGF�>
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SIGNED this day of , 2020 ("Effective Date"),
CITY OF FORT WORTH, a home-rule SAFE CITY COMMISSION, INC.,a
municipal corporation of the State of Texas Texas non-profit corporation
Dana BUYGfhd
Dana Burghdoff ct 7,202018:45 CDT) B
By:
Dana Burglidoff
Assistant City Manager
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.
L slza,mg2k,bocke�-N
Name: LaShanda Dockery(Oct 7,2020 1 :40 CDT)
Title: Sr. Planner
APPROVED AS TO FORM AND LEGALITY:
6*--
I3y:
Leann Guzman(Oct 7,202011:59 CDT)
Leann Guzman
Deputy City Attorney
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ATTEST: p;, Toed
p-1oo ° o�d
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for Ronald P.Gonzales 8,202008:48 CDT) ?a °
13y: aa��Ezp5a4a
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Mary Kayser
City Secretary
Form 1295: 2020-660944
M&C: 20-0725
Date: 9/22/2020
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One Safe Place OFFICIAL RECORD
Agreement CITY SECRETARY
FT.WORTH,TX
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CITY COUNCIL AGENDA FOlt. Irl'—
DATE: 9/22/2020 REFERENCE NO.: "%M&C 20- LOG NAME: 21FWPD LEASE AT
0725 ONE SAFE PLACE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 9)Authorize The Execution of a Lease Agreement with Safe City Commission for Fort
Worth Police Department Operations at One Safe Place, Located at 1100 Hemphill, Fort
Worth, Texas 76104 During Fiscal Year 2021
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a lease agreement with Safe City
Commission to allow the Fort Worth Police Department to continue operations and provide law
enforcement activities at One Safe Place, located at 1100 Hemphill, Fort Worth, Texas 76104, to
support the mission of The Safe City Commission during Fiscal Year 2021.
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DISCUSSION: I
The Safe City Commission (SCC) exists to provide a cooperative, collaborative, multi-disciplinary
effort between various agencies in Tarrant County for the investigation, prosecution, protection, and
treatment of domestic violence and sexual assault related to domestic violence victims and their
children.
SCC operates One Safe Place(OSP), a Regional Family Justice Center, that brings together a multi-
agency task force dedicated to providing coordinated services to victims of domestic violence and
sexual assault in Tarrant County. Victims of domestic violence receive coordinated medical, legal, and
counseling services and have access to on-site professionals including child protective services, law
enforcement personnel, prosecutors, and victim advocate specialists.
The City of Fort Worth (City)worked closely with SCC to develop the vision of OSP. Under the terms
of this lease agreement between the City and SCC, the Fort Worth Police Department(FWPD) will
continue to occupy the entire second floor(Leased Premises) of the OSP facility to support the SCC
mission by providing law enforcemnt actvities, including the Sexual Assault Unit, Domestic Violence
Unit, Victim Assistance Unit and the Crisis Intervention'Team.
The primary term of the lease agroomont will be for 1 (one)year, effective October 1, 2020 and will
terminate on September 30, 2021 and provide for unlimited and automatic one year renewal periods
at the end of the primary term to continue until terminated by either party.
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Funding and additional consideration for the Leased Premises will be subject to Crime Control and
Prevention District funding and a separate contract for the One Safe Place program.
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This property is located in Council District 9. i
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2021 Budget by
City Council, funds will be available in the Fiscal Year 2021 Budget of the Crime Control and
Prevention District Fund,The Police Department is responsible for verifying the availability of funds
prior to an expenditure being made.
TO —
I-Fund I Department Account Project Program Activity Budget Reference/t Amount
ID ID Year (Chartfield 2)
FROM _
Fund Department Account Project Program Activity Budget ReferenceChartf eld 2 Amount
ID ID Year Cliartflelci 2
Submitted for CRY Manaaor's Office by: Dana Burghdoff(8018)
Oriainatina Department Head: Steve Cooke(5134)
Additional Information Contact: Roger Venables (6334)
Mark Brown (5197)
ATTACHMENTS
00 e phill M and C MalLpii