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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 Nan-appropriation of Funds.
OFFICIAL RECORD
CITY SECRETARY
Professional Services Agreement FT. WORTH, TX
CFW and CNA Corp. �, 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 Obli ations 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 information 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 INJURE, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CA USED BY THE NEGLIGENT A CT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT of CONSULTANT
ITS OFFICERS,AGENTS, SER VANTS OR EMPLO PEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITE, ITS OFFICERS,AGENTS,
SERVANTS AND EIVIPL O FEES, 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 RE.S UL TING LOST
PROFITS) AND/OR PERSONAL INJURE, 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 BE THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
SER VANTS 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
$2,004,000 Aggregate
(b) Automobile Liability
$l,044,044 Each accident on a combined single limit basis or
$2501004 Bodily injury per person
$5401400 Bodily injury per occurrence
$1 441444 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
$1401440 Each accident/occurrence
$1401040 Disease -per each employee
$5405440 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. 8348 — 1.41 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $144,044 each
accident/occurrence, $544,444 bodily injury disease policy limit and
$100,440 per disease per employee
Professional 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 term 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 terms 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
determined 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: To CONSULTANT:
City of Fort Worth CNA Corporation
Attn: Charles W. Daniels Attn: Nicholas W. Hunter
1000 Throckmorton 4825 Mark Center Drive
Fort Worth TX 76102-6311 Alexandria, VA 22311
Facsimile: (817) 392-8440 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.
15. 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 1 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.
Professional 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 /___ ay
o ,2012
CITY OF FORT WORTH CNA CORPORATION
A01
By: By: `
Charles W. Daniels Nicholas W. Hunter
tant City Manager Director Contracts&Procurement
Date: 4921. 154, /2. Date: 17--
By: W� ATTEST:
Jef e alstead
Chief of Police By: A/f A
Date:
�Q000000Rr
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ATTE T: p w ���
By: � o�Td
Mary Kayser �.$
City Secretary °°off oo°o'�,�
ooOo b
APPROVIEVID AS FORM AND LEGALITY:
By:
J si a Sangs g
At s * ant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
OFFICIAL RECORD
Y SECRETARY
Professional Services Agreement
CFW and CNA Corp. ,INORT H9 TX Page 8 of 12
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 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 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 arraignment 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 for 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 mad
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, civil rights, etc)
o Security administration (i.e. Security administration, intake and release, training and
muster, etc)
o Inmate services- (laundry, 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, inter, sewer, trash, etc.)
o IT Services,including lifecycle of equipment(i.e. Security equipment, &sktops, 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, Transportation 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 preliminaryreport 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 (Le. 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.
Professional Services Agreement
CFW and CNA Corp. Page I[ of 12
EXHIBIT B
Payment Schedule
Fiat fee prices for delivery of the work are as follows:
1)Flat-fee for completing Phase I of the project $ 50,639
2)Flat fee for completing Phase II of the project $29,981
3)Total of Phase I and Phase II $ 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 CNA
Table 3. Project Work Plan of Hours and Hourly Rates
Team Member Becker McGinnis Lauder Total
Hourly Rate $213 1 $220 $211 1 $211
PHASE
Prepare w■
A.1 Project Indaion 2 2
A.2 Idenify data needs 2 2
A.3 Submit request for data 2 2
AA Stakeholder interviews 8 8 8 24
A.5 Finalize project melhodology 4
A.6 S ubnit plan for review 2
A.7 jAdjust plan as necessary and finalize 2
subtotal $ 2,986 $ 1,758 $ 1,687 $ - $ 6,432
B Assess the feasib-ility of continuing current jail services 36 16 52
B.1 Fiscal review 8 8
B.2 Adrninistratve review 8 8
8.3 Performance review 16 16
B.4 Identify potenial changes in contact terns 8 8
B.5 Cos�beneft ana sis 8 8
B.6 20-year proOdon of direct&indirect costs 4 4
subtotal 7,678 3,517 - - $ 111195
C. Assess the feasibility of city-operated jail services 36 24 60
C-1 Physical plant review 24 24
C.2 Startup cost analysis 8 8
C.3 Direct operating cost analysis 8 8
C.4 Indirect cost analysis 8 8
C.5 Cos�beneft analysis 8 8
7C-6 20-year projection of direct&indirect costs 4 4
subtotal $ - $ - $ 7,592 $ 5,062 $ 12,654
I Conduct a comparative of . 4 10
D.1 Identify al adrninistralve,operaing and capital costs aftibutable to City o eration of a 2 2
D.2 Identify al current City costs thatwii be eliminated by in-sourcing this function 2 2
D.3 Establish discount rats 2 2
D.4 I Identify 20-year cost impact of alternatives 2 1 2 4
subtotal 10280 - 844 - Z,123
report E Submit preliminary 1
E.1 Consolida al project analysis 4 8 8 8 28
E.2 Document methodology 2 2
E.3 Presenttinancial and operational implications ofbolh alternatives 2 4 6
Identify the attsrna0ve itat is most favorable b the City 2 2 2
EA Present preliminary findings to the City 4 4 8
subtotal $ 2,559 $ Z,638 $ 3,796 $ 1,687 $ 10,680
report F Submit final
F.1 Adjust report as required 4 4 8
F.2 Presentinal reportto Char 2 2 4
subtotal $ 1,280 $ - $ 1,265 $ - $ 2,545
PHASE I TOTAL HOURS , 72 32 214
G, Develop facility operating policies and procedures 56 56
GA Establish operational stndards 8 8
G.2 Draft policies 24 24
G.3 Draft procedures 24 24
subtotal $ 1 $ 12,309 $ 1 $ 1 $ 12,309
Develop sc■■• of a • 48 74
H.1 Establish contact services required 2 8 10
H.2 Identi current contracts that may be amended 16 16
H.3 I Develop scopes 24 24 48
subtotal $ 51545 $ - $ 10,123 $ - $ 15P668
PHASE 2 TOTAL - r
PHASE 2 STAF F COST $5,545 $12,309 $0,123 .1 '
TOTAL HOURS 100 92 120 32 344
■HA.SE I&2 STAFF COST $ 21,328 $ 20,222 is 6,749 616
15
Consulting Services to Conduct Feasibility Analysis Pertaining to Municipal.fail Services
RFP No.12-0219
with an additional funds allocated for travel,the summary table below illustrates hove the fee i's built by
task.
Table 4. Summary Travel Fund Allocation
Hourly Rite $213 5220 $211 S211
PHASE 1
Trove! S sal a
PH
?'rave! 2,a04
16
&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 8/7/2012 - ordinance No. 20313-08-2012
21111 N101111i
DATE: 8/7/2012 REFERENCE NO.: **C-25772 LOG NAME: 35JAIL CONSULTANT
PUBLIC NO
CONSENT
CODE: C TYPE: HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with CNA Corporation in the
Amount of $80,520.00 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$80,020.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the city council:
1. Authorize execution of a Professional Services Agreement with CNA Corporation in the amount of
$80,520.00 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 $4,057,525.00 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
$5,578,880.00 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 tong-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
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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$30,620.00. 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 oP-rIONS -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 M1WBE subcontracting requirements was requested and approved
by the MIWBE Office because the purchase of services is from sources where subcontracting or
supplier opportunities are negligible.
FISCAL INFORIUTATIO.N/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)GQ01 539120 0353501 $80,620.00
Submitted for-City Manager's Office b)y Charles Daniels (6199)
C7ric,�inating Department Head: Jeffrey W. Halstead (4201)
Additional_Information Contact: Aya Ealy(4239)
ATTACHMENTS
35Jail Consultant A012.doc
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