HomeMy WebLinkAboutContract 49062 CITY SECRETARY
CONTRACT NO®. jqWZ,
4�7PROFESSIONAL SERVICES AGREEMENT BETWEEN
p rrJHE CITY OF FORT WORTH AND THE AUTOMOBILE BURGLARY
AND THEFT PREVENTION AUTHORITY (ABPTA)
T.
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,
acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and THE
AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY (ABTPA) located at
4000 Jackson Ave, Austin, Texas 78731 ("Contractor"), acting by and through Bryan Wilson, its duly
authorized Director. For purposes of this Agreement, the term Contractor shall include Contractor, its
authorized representatives, officers, employees, and instructors who provide services on Contractor's
behalf. The term City shall include its authorized representatives, officers, employees, and directors.
1. SCOPE OF SERVICES
Contractor agrees to conduct "Texas Department of Motor Vehicles: Motor Vehicle Burglary and
Theft Investigator Training"for auto theft investigators beginning on May 22, 2017 and ending on May 25,
2017 ("Services"). The City has agreed to host the training and the Contractor will be using the Fort Worth
Police Academy and the Fort Worth Auto Pound for the class. Each day, Contractor shall provide training
from 8:00 am to 5:00 pm, Central Standard Time. Services shall be performed at the Bob Bolen Public Safety
Training Complex located at 511 W. Felix Street, Fort Worth, Texas 75115 and on May 25, 2017 fi-om
8:00am to 12:00pm, services shall be performed at the Fort Worth Auto Pound located at 2500 Brennan
Avenue,Fort Worth,Texas 76106("Premises").
2. TERM
This Agreement shall become effective upon execution by both parties and shall expire at 11:59 pm,
Central Standard Time, on May 25, 2017, unless terminated earlier in accordance with the terms of this
Agreement.
3. TERMINATION
City or Contractor may terminate this Agreement at any time and for any reason by providing ten
(10)days written notice to the other party. Upon such termination,neither party shall be obligated to the other
to perform under this Agreement.
4. COSTS
This class is free of charge. The City is entitled to four(4)free slots for hosting the class.
5. DUTIES AND OBLIGATIONS OF THE PARTIES.
The City shall be responsible for providing the classroom facilities and audio/visual equipment
needed by Contractor.The City shall not be required to purchase any new audio/visual equipment. Contractor
agrees to provide the City a list of necessary audio/visual equipment needed at least two(2)weeks prior to the
start of Services. The City agrees to notify contractor of any equipment that is not available within two days
of receiving the Contractor's list of necessary equipment. Contractor also agrees to provide the City with
information regarding the classroom size necessary to conduct the training at least two(2)weeks prior to the
start of Services.
Training Agreement
Automobile Burglary and Theft Prevention Authority
OFFICIAL RECORD I
CITY SECRETARY
FT.WORTH,TX
Contractor will provide at least one (1) qualified instructor ("Instructor") for the training program
who will facilitate the Services.
Contractor agrees to provide each registered course participant with course materials and supplies
pertinent to the subject areas to be covered.
Contractor will provide course registration, administration, and certificates of completion, if
appropriate.
The Contractor shall provide TCOLE reporting of each student/participant in the course.
Contractor will provide marketing efforts to promote Services.
6. CLASS SIZE
The minimum enrollment for Services is 35 law enforcement professionals. If, the enrollment
minimum is not met,the parties agree to confer in good faith regarding whether to reschedule or cancel the
Services.
7. RELATIONSHIP
Contractor shall perform the work under this Agreement as an independent contractor and
agrees that the City is free from all liability and damages resulting from or arising out of Contractor's
willful misconduct or neglect in the performance or activities hereunder.
8. LIABILITY AND INDEMNIFICATION
CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTYL OSS,
PROPERTYDAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL
PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S),MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS(INCL UDING ALLEGED DAMAGE
OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY(INCL UDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE
OCCASIONED BY(I) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS
OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE
PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR
IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE
NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE
CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF
BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
Training Agreement
Automobile Burglary and Theft Prevention Authority
2
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
This section shall survive the termination or expiration of this agreement.
9. OWNERSHIP OF PRESENTATION MATERIALS
Contractor hereby warrants that Instructor is the sole and exclusive owner and copyright holder of
the presentation materials and/or has the right to use, copy, display, sell, distribute and reproduce the
presentation materials. Contractor shall retain ownership rights of all presentation materials and may use
them for the presentation in any manner not inconsistent with any applicable laws, ordinances, rules, and
regulations. Presentation materials shall include the presentation, handouts, slides, displays, props, graphics,
charts, diagrams, and any other materials Contractor utilizes for the actual presentation or to promote
Contractor's products, brands or services (collectively "presentation materials"). Contractor hereby grants
the City an unrestricted, irrevocable, non-exclusive right to use Contractor's name and to reproduce,
display, market and use Contractor's presentation materials for the sole purpose of performing the City's
responsibilities under this Agreement and for promoting the scheduled event. The City is specifically
prohibited from marketing and/or selling the presentation materials for a profit and such prohibition shall
survive any termination or expiration of this Agreement.
10. ACCESS
The access granted to Contractor pursuant to this Agreement shall be limited to the property defined
as Premises in Section I of this Agreement. Instructors for Contractor shall be escorted by a City employee at
all times while on Premises.The City employee escorting Contractor instructors must be authorized to access
Criminal Justice Information Services ("CJIS")protected data. The parties acknowledge and understand that
the Premises contain one or more areas where CJIS protected data is viewed, modified, and used.
Furthermore, the parties acknowledge that Federal and State law set forth the access requirements for CJIS
protected data. The parties agree to comply with all Federal and State law requirements regarding access to
CJIS protected data.
All instructors shall sign in and out at the front desk of Premises upon entry. Instructors shall carry a
valid photo ID while on Premises.
11. INSURANCE
The City agrees to waive the commercial general liability insurance requirements for Contract
because Contractor is a self-insured governmental entity. Contractor agrees to provide proof of its self-
insurance program upon execution of this Agreement.
12. PROHIBITION OF ASSIGNMENT
Neither party hereto shall assign, sublet or transfer its interest herein. Any attempted assignment,
sublease or transfer of all or any part hereof shall be null and void.
13. RIGHT TO AUDIT
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this Agreement, or three (3) years after termination of this Agreement, if no payments made, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers and
Training Agreement
Automobile Burglary and Theft Prevention Authority
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records of Contractor involving transactions relating to this Agreement at no additional cost of the City.
Contractor agrees that the City shall have access during normal working hours to all necessary Contractor
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 Contractor reasonable advance notice of intended
audits. This provision shall survive any termination or expiration of this agreement.
14. NOTICES
Any notices required to be given hereunder shall be given by certified mail, return receipt to the
following addresses:
To The CITY: To CONTRACTOR:
City of Fort Worth ABTPA
Attn: Valerie R. Washington,Asst. City Manager Attn: Bryan Wilson, Director
200 Texas Street 4000 Jackson Avenue
Fort Worth TX 76102-6311 Austin,TX 78731
Facsimile: (817)392-8502 Phone: (512)465-4012
15. 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.
16. FORCE MAJEURE.
The City and Contractor 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.
17. 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.
18. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
19. GOVERNMENTAL POWERS.
Both Parties agree and understand that the City does not waive or surrender any of its
governmental powers by execution of this Agreement.
Training Agreement
Automobile Burglary and Theft Prevention Authority
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20. ENTIRETY OF AGREEMENT.
This Agreement contains the entire understanding and agreement between the City and
Contractor, 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.
21. VENUE AND JURISDICTION.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County,
Texas.
22. APPLICABLE LAW.
This Agreement shall be construed under and in accordance with Texas law.
23. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he or she has the legal authority to execute
this Agreement on behalf of his or her 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]
Training Agreement
Automobile Burglary and Theft Prevention Authority
5
EXECUTED on this,the / day of ' 2017.
a
CITY OF FORT WORTH: THE AUTOMOBILE BURG RY AND
THEFT REVENTI A ORITY
By: By:
Valerie R. Washington Bryan . Sudan,fornmander
Assistant City
City Manager Tarrant Regional Auto Crimes Task Force
Date: '7 I(u�!} Date:
APPROVAL RECOMME D BY:
By:-"'j
Joel F. Fitzgerald
Chief of Police
Date: E A /
APPROVED AS TO
FORMAN EGALITY:
By: vfit�— 7>�
Jhoslyn .Hood
Assistant City Attorney s of F O/�>,
ATTEST-
B U. ..A
y' * 'x
Mar J. ays e
City Secretary '
Contract Authorization: _ 4< "
No M&C required.
This agreement legally does not require City Council approval.
FORM 1295 Certification No.: NOT REQUIRED
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. FOFFICIALRECORD
RETARY
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Commercial Auto Theft Unit/FWPD
L1W'h�fa4t' �, l�►1� ma Training Agreement
UI III Automobile Burglary and Theft Prevention Authority
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Automobile Burglary and Theft Prevention Authority /
P01felIf XS Texas Department of Motor Vehicles 401*
AVIO6ur01arY81YeI1Gre.MllonpWYN11Y Motor Vehicle Burglary and Theft Investigator Training Watch Your Car
Licensed peace officers only
Full Name:
PID (assigned by TCOLE):
Rank/ Position:
Primary Contact Phone #:
E-mail:
Agency:
Agency Phone #:
Address:
City, State, Zip:
Supervisor name/contact#:
Locations-please choose one: Local Sponsors
Harris County Sheriff's Training Academy April 18-21, 2017 ❑
2316 Atascocita Drive, Humble,77396
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Fort Worth Police Academy May 22-25, 2017 ❑ ri
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505 W Felix St., Fort Worth, 76102
San Antonio Police Department Training Academy June 26-29, 2017 ❑
12200 SE Loop 410, San Antonio, 78214
Please e-mail this completed registration form to: RegABTPA@txdmv.gov
Scan and e-mail letters of recommendation to: RegABTPA@txdmv.gov
There is no charge for this class. Attendees are responsible for their own travel costs. Only individuals
currently serving as auto theft investigators and licensed as a Peace Officer in Texas may attend the training.
Officers who successfully complete the training will be eligible for 30.5 TCOLE credit hours. Completion of
this class will also qualify investigators for access to National Insurance Crime Bureau (NICB) managed
databases and information.
Space is limited. There is a maximum of 35 attendees per session. Once we have reached the maximum limit
we will maintain a waiting list and inform you via email if a spot opens.
Required Qualification. Within 10 business days of registering, a letter of recommendation to attend the
training must be submitted to ABTPA. The letter must be submitted by any one of the following:
➢ ABTPA funded Taskforce Commander
➢ Police or Sheriff specialized motor vehicle burglary or theft unit supervisor
➢ Chief of Police or Sheriff indicating that a specialized Motor Vehicle Burglary or Theft unit within the
department is being created
➢ DPS unit supervisor for DPS investigators
If ABTPA does not receive the letter of recommendation within 10 business days, the registration will be
cancelled.
ABTPA will contact registrants at the email address provided with confirmation of registration once we have
received the letter of recommendation. Registration is not complete until ABTPA provides email confirmation.
Other types of Texas Peace Officers and Peace Officers licensed by other states may be considered on a case
by case basis if space is available.
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