Loading...
HomeMy WebLinkAboutContract 51359 CITY SECRETARY CONTRACT NO. — STATE OF TEXAS § COUNTIES OF TARRANT, WISE § AND DENTON § AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE SAFE CITY COMMISSION,INC., FOR FUNDING FROM THE CRIME CONTROL AND PREVENTION DISTRICT FOR THE CRIME STOPPERS PROGRAM CALL CENTER This Agreement is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Safe City Commission, ("SCC") acting by and through Ken Shetter, its duly authorized President. RECITALS WHEREAS, City has determined that the SCC Crime Stoppers Call Center("Call Center") is necessary to improve efficiency of the dissemination of the tip information to the 37 municipalities and 18 school districts in Tarrant County by creating and operating a local, in-house tip call center; and WHEREAS, City desires to contract with SCC to operate a call center; and WHEREAS, City and SCC have agreed to operate a Call Center, which will be staffed by paid qualified public safety dispatchers; and WHEREAS, City, as consideration for the performance of SCC, has appropriated monies in the Crime Control and Prevention District("CCPD")Fund Budget in the amount of $75,000.00 ("Program Funds") to provide to SCC on a reimbursement basis for the operation of the SCC Crime Stoppers Call Center subject to this Agreement; NOW, THEREFORE,in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT DOCUMENTS The Agreement documents shall include the following: ------ 1. ----1. This Agreement for the SCC Call Center OFFICIAL RECORD 2. Exhibit A—Scope of Work CITY SECRETARY if 3. Exhibit B—Budget FT. WORTH, TX 4. Exhibit C—Request for Reimbursement $ 5. Exhibit D—Program Activities Report ��!" 9��o 6. Exhibit E—Program Effectiveness Measurement Report 99�g� FY 19 CALL CENTER CFW and SAFE CITY COMMISSION Page 1 of 21 7. Exhibit F—Request for Budget Modification Exhibits A through F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A through F, and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. DEFINITIONS The term"City"shall include City, its officers,agents,representatives,and employees. The term "SCC" shall include SCC, its officers, agents, representatives, employees, servants, contractors, and subcontractors. The term"Party" shall refer to either City or SCC. The term"Parties"shall refer to both City and SCC. AGREEMENT 1. Responsibilities of SCC. 1.1 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"— Scope of Work. SCC shall be responsible for day-to-day administration of the Call Center. SCC agrees to expend the Program Funds in accordance with its Call Center budget, described in Exhibit`B"- Budget. Program activities shall be reported in accordance with Exhibit"D"-Program Activities Report and effectiveness measurements shall be reported in accordance with Exhibit"E"-Program Effectiveness Measurement Report. 1.2 SCC agrees to operate a Call Center,which will be staffed by paid,qualified public safety dispatchers. The Call Center will be staffed between the hours of 7:00 a.m. and 11:00 p.m., Monday through Thursday; 7:00 a.m. to midnight on Friday; and 8:00a.m. to midnight Saturday and Sunday, 52 weeks per year. A Voicemail system will be established to receive after-hour calls. Calls received after-hours will be addressed the following morning. 2. Program Funds. 2.1 In no event shall the total distribution from City made to SCC during the term of this Agreement exceed the total sum of$75,000.00("Program Funds"). 2.2 Payment of the Program Funds from City to SCC shall be made on a cost- reimbursement basis following receipt by City from SCC of a signed Request for Reimbursement (RFR), as described in Exhibit "C," and copies of all receipts and FY 19 CALL CENTER CFW and SAFE CITY COMMISSION Page 2 of 21 support documentation. SCC shall deliver to City a written detailed Program Activities Report and Program Effectiveness Measurement Report as described in Section 4.2 below with each RFR to support expenditure of Program Funds. Such reports shall be signed by SCC or duly authorized officer of SCC. The RFR and monthly Program Activities Report shall be submitted to City no later than the 15`h day following the end of the month. Submittal of a monthly RFR and Program Activities Report is required even if services are not provided. Submit the monthly RFR with an original signature by an authorized representative to the Grant Management Section of the Fort Worth Police Department, ATTENTION: Grant Specialist,Bob Bolen Public Safety Complex,505 W.Felix St.,Fort Worth, Texas, 76115. Reimbursements will not be made until after receipt of an acceptable and approved RFR and a monthly Program Activities Report.Additionally, a quarterly Program Effectiveness Measurement Report from SCC is required as described in section 4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days receipt of said documents. 2.3 SCC is authorized to modify up to five (5) percent of any budgeted line- item in the original approved budget without prior written permission from City. However, SCC must submit the Budget Modification Form (Exhibit"F") to City,with the monthly RFR, in the month when the modification took place. The new modified budget cannot exceed the total amount of Program Funds. 2.4 Any modifications of more than five (5)percent of any budgeted line-item in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form(Exhibit"F")must be submitted,and request must be approved by City,before any money is moved to the line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.5 Any modifications to zero line-items in the original approved budget must have prior written permission from City before any budget modifications are made. The Budget Modification Form(Exhibit"F")must be completed and approved by City before money is transferred into the new line-item. Once the Budget Modification is approved, the modified budget will take effect on the first day of the following month. The new modified budget cannot exceed the total amount of Program Funds. 2.6 Budget modification can only occur within the Direct and Indirect costs. Funds may not be moved from a Direct line-item into an Indirect line-item, or vise versus. Modification of Direct and Indirect approved budgets must follow the guidelines outlined in sections 2.3,2.4 and 2.5. The Budget Modification Form (Exhibit "F") shall be submitted to the Grant Management Section of the Fort Worth Police Department,ATTENTION: Grant Specialist, 505 W. Felix St., Fort Worth,Texas, 76115. FYI 9 CALL CENTER CFW and SAFE CITY COMMISSION Page 3 of 21 3. Term. This Agreement shall commence upon October 1,2018("Effective Date"), and shall end on September 30, 2019 ("End Date"). All of SCC's expenditures under this Agreement must be completed no later than September 30, 2019. 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." 4.2 SCC agrees to provide a monthly Program Activities Report and quarterly Program Effectiveness Measurement Report to document the performance of the work described in Exhibit "D" and Exhibit "E," respectively. The Program Activities and Effectiveness Measurements shall document the program activity names, numbers of participants attending, details of the activities, and a description of the goals achieved in support of the CCPD goals. Program Effectiveness Measurement shall be reported on a quarterly basis and included in the January, April, July, and October RFR and Program Activities Report submittals. Additionally, the Program Effectiveness Measurement Report must include any successes realized in descriptive detail. The monthly Program Activities and quarterly Program Effectiveness Measurement Reports shall be submitted to City no later than the 15th day after the end of each month. 4.3 SCC agrees that the monthly RFR and Program Activities Report and quarterly Program Effectiveness Measurement Report will be submitted to City no later than the 15th day after the end of each month. Should SCC not meet these requirements, SCC will be given an additional 15 days to submit the required reports to City. If, at the end of this 15-day extension period, SCC has not submitted the required reports, City will send a non-compliance letter notifying SCC's duly authorized representative of a possible suspension of program funding. 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 received prior to the execution of this agreement by the parties, in whole or in part,City may,at its sole discretion,terminate this Agreement and City shall not be liable for payment for any work or services performed by SCC under or in connection with this Agreement. In the event no funds or insufficient funds are appropriated by the City in any fiscal year for any payments due hereunder,City will notify SCC 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 payments herein agreed upon for which funds have been appropriated. 5.2 This Agreement may be terminated by City,in whole or in part,at any time and for any reason upon written notice as specified in section 5.3. FY19 CALL CENTER Page 4 of 21 CFW and SAFE CITY COMMISSION 5.3 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 termination, 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 maybe necessary for completion of the work not terminated. 5.4 In the event City suspends or terminates this Agreement, SCC expressly waives any and all rights to monetary damages, including but not limited to actual, consequential, and punitive damages, court costs, and attorney's fees. 5.5 Within thirty(30)days following the date of termination of this Agreement, SCC shall return to City any property provided hereunder. City will have no responsibility or liability for SCC's expenditures or actions occurring after the effective date of termination of the Agreement. 6. Equipment and Maintenance. All equipment purchased with Program Funds must meet all eligibility requirements of City. SCC shall maintain all equipment used in the administration and execution of the Call Center. SCC shall maintain,replace,or repair any item of equipment used in support of the Call Center or for use under the terms of this Agreement that no longer functions or is lost or stolen. The cost for maintenance, replacement, or repair of any equipment used in support of the Call Center or for use under the terms of this Agreement is the sole responsibility of SCC. SCC shall not use Program Funds or City funds to repair or replace said equipment. SCC shall use any and all equipment purchased with Program Funds exclusively in support of the Call Center. Within 10 days following the purchase of equipment, SCC shall submit to City a detailed inventory of all equipment purchased with Program Funds to the Grant Management Section at the address set forth in paragraph 2.2 above. The equipment inventory shall include an itemized description of each piece of equipment, the date each piece of equipment was purchased, the cost of purchase for each piece of equipment, and the location of each piece of equipment. 7. Administrative Requirements. 7.1 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 any time any FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 5 of 21 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 auditor 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. 7.2 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 are not resolved within this period,City reserves the right to withhold further funding under this and/or future agreement(s)with SCC. 7.3 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. 7.4 SCC's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: providing final Program Activities Report and Program Effectiveness Measurement Reports, making final payments, disposing of the Call Center assets as appropriate. 7.5 SCC covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by SCC under this Agreement, and City shall have access at all reasonable hours to offices and records of SCC, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring. Section 7 shall survive the expiration or termination of this Agreement. 8. Independent Contractor. 8.1 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 respondeat 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. No federal, state,or local income tax,nor any payroll tax of any kind, shall be withheld or paid by City on behalf of SCC. SCC shall not be treated as an employee with respect to the services performed pursuant to this Agreement for federal or state tax purposes. FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 6 of 21 It is expressly understood and agreed that officers, members, agents, employees, subcontractors, licensees, or invitees of SCC, and any program participants hereunder are not eligible for, and shall not participate in any employer pension, health, or other fringe benefit plan provided by City. It is expressly understood and agreed 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. 8.2 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. 9. Liability and Indemnification. SCC SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SCC, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. SCC 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 (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)SCC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ll) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SCC, 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 CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED ASA WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. FY 19 CALL CENTER CFW and SAFE CITY COMMISSION Page 7 of 21 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. This section shall survive the expiration or termination of this Agreement. 10. Non-Assignment. No assignment or delegation of duties under this Agreement by SCC shall be effective without City's prior written approval. 11. Prohibition Against Interest. 11.1 No member, officer, or employee of City, or its designees or agents; no member of the governing body of the locality in which the Call Center is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the 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, or cause to be incorporated, like language prohibiting such interest, in all contracts and subcontracts hereunder. 11.2 No officer, employee, member, or program participant of SCC shall have a financial interest, direct or 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. 12. Nondiscrimination. 12.1 In accordance with the federal, state, and local laws and ordinances, 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, statutory requirement, or statutory or ordinance exception. 12.2 SCC will not unlawfully discriminate against any person or persons because of age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will SCC permit its officers, members, agents, employees, subcontractors, or program participants to engage in such discrimination. 12.3 If any claim arises from an alleged violation of this non-discrimination covenant by SCC, its personal representatives,assigns,subcontractors or successors in FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 8 of 21 interest, SCC agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. This section shall survive the termination or expiration of this Agreement. 13. Compliance. 13.1 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 in writing to 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. 13.2 SCC shall utilize Program Funds strictly for those purposes and goals intended under the terms and conditions of this Agreement. If City calls the attention of SCC in writing 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. 14. 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. 15. Insurance Requirement. 15.1 SCC shall procure and shall maintain during the term of this Agreement the following insurance coverage: (a) Commercial General Liability(CGLI: $1,000,000 per occurrence, with a $2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (b) Non-Profit Organization Liability or Directors&Officers Liability: $1,000,000 per occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the City's Risk Manager. (c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000 Bodily Injury per accident and$100,000 Property Damage. (d) Any other insurance the City may reasonably require to protect the interests of the City. FYI CALL CENTER CFW and SAFE CrrY COMMISSION Page 9 of 21 15.2 SCC's insurer(s)must be authorized to do business in the State of Texas for the lines of insurance coverage provided and be currently rated in terms of financial strength and solvency to the satisfaction of the City's Risk Manager. 15.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City. Each insurance policy required by this Agreement, except for policies of worker's compensation or accident/medical insurance shall list the City as an additional insured. City shall have the right to revise insurance coverage requirements under this Agreement. 15.4 SCC further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect SCC and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 15.5 The commercial general liability policy shall name the City as an additional insured thereon, as its interests may appear. 15.6 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. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 15.7 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 16. Miscellaneous Provisions. 16.1 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 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. 16.2 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. 16.3 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 lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. FY19 CALL CENTER CFW and SAFE CITY COMMISSION Page 10 Of 21 16.4 SCC represents that it possesses the legal authority,pursuant to any proper, appropriate, and official motion,resolution, or action passed or taken,to enter into this Agreement and to perform the responsibilities herein required. 16.5 This written instrument including Exhibits A through F, constitute the entire agreement between the parties concerning the work and services to be performed hereunder,and any prior or contemporaneous,oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Agreement must be in writing and must be signed by authorized representatives of each party. 16.6 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 as follows or at such other address as the receiving party designates by proper notice to the sending party: CITY: Jesus J. Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies To: Grants Management Section Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 City Attorney's Office ATTN: Police Contracts 200 Texas Street Fort Worth,TX 76102 SCC: Ken Shetter,President Safe City Commission, Inc. 1100 Hemphill Street Fort Worth, TX 76104 16.7 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. FY19 CALL CENTER CFW and SAFE CITY COMMISSION Page 11 of 21 16.8 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 16.9 The provisions and conditions of this Agreement are solely for the benefit of City and SCC and are not intended to create any rights, contractual or otherwise,to any other person or entity. 16.10 The parties acknowledge that each party and its counsel have reviewed 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. 16.11 City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. . Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.12 It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 16.13 Contractors are required to conduct criminal background screenings for all volunteers or employees who will be working with children under the proposed program. All criminal background checks shall be in compliance with Texas Department of Family and Protective Services standards, the Texas Administrative Code and all other applicable law. Contractors will be responsible for conducting criminal background screening and for maintaining appropriate records,which will be subject to review by the City. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. FYI 9 CALL CENTER CFW and SAFE CITY COMMISSION Page 12 of 21 IN WITNESS WHEREOF,the parties hereto have ecuted thi e m t in in Itipi in Fort Worth,Tarrant County,Texas,to be effective this day of ��71 20 APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR SAFE OF FORT WORT CITY CO SSION Jesus J.Chapa Ken Shetter Assistant City Manager / President JJ Date: ( O 01 �G 6 Date : 122 ZO APPRO ODED APPROVED AS TO FORM AND LEGALITY FOR SAFE CITY COMMISSION Chief Joel F.Fitzgerald Chief of Police Date: 9%��,i� SCC Attorney Date: APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT WORTH ATTMT IS - fT.� Matthew A.Murray ary J. r Assistant City Attorne Secre Date: V SJlhate: C D it ., •,: r. Form 1295 Certification 18- M&C No . Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including en r. p rf �rs a and reporting requirements. Nam VK(- + `` L Title �W is ice. �pt ca�aJ is� FY19 CALL CENTER CFW and SAFE CrrY COMMISSION Page 13 of 21 OFFICIAL RECORD CITY SECRETARY FT.VNORTH,TX EXHIBIT A SCOPE OF WORK Safe City Commission—Call Center Program Crime Stoppers Safe City Commission Crime Stoppers utilizes information from anonymous tipsters to arrest felony offenders. Since its inception in 1982 in Tarrant County, Crime Stoppers has paid more than $2,943,000 in rewards and recovered nearly$36 million in property and narcotics. Additionally, over 14,221 offenders have been arrested, with more than 34,114 cases cleared. Safe City Commission Crime Stoppers takes tips for all municipalities and school districts in Tarrant County. Crime Stoppers relies primarily on grants and probation fees to operate. Safe City operates one of the most innovative Crime Stoppers programs in the world,utilizing technology to ensure more citizens have the opportunities to share tips and encouraging student tipsters to provide anonymous tips related students who are victims of bullying, dating violence, harassment and gang targeting. Call Center employees are predominantly current or former 911 dispatchers working part-time taking tips and passing them on to local law enforcement. The Scope of Work is to be performed and documented in compliance with the monthly program activities and quarterly effectiveness measurement reports outlined in exhibits D and E. FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 14 of 21 Exhibit B BUDGET NARRATIVE FISCAL YEAR 2019 Please attach a detailed budget narrative that explains the need for all proposed expenditures by individual item. The budget narrative should clearly explain how funds will be used and why expenditures are necessary for successful implementation of your program. Please explain how costs are calculated. INDIRECT COSTS CANNOT EXCEED 10% OF THE APPROVED BUDGET DIRECT PROGRAM COSTS(90% Minimum): A. Personnel: $69,675 will be allocated to pay the majority of the part time salaries for staff to operate the Tarrant County Crime Stoppers Call Center. a. Call Center Staff work approximately 6,394 hours annually at$12.50 per hour for a total of$79,925+ FICA Taxes($75,000 x 7.65% = 5,737.50) = $85,662.50. As this amount exceeds the $75,000 award from CCPD, Safe City Commission supplements the remainder with separate fundraising. Safe City Commission will allocate 5,574 hours of the 6,394 worked to the contract (5,574 hours x $12.50 = $69,675) B. Fringe Benefits: $5,325 in FICA for the same Crime Stoppers employees calculated at 7.65%of gross pay will be allocated to the contract. a. FICA taxes equal 5,574 hours x $12.50 hours x 7.65%= $5,330.14 for these employee hours worked. $5,325 of the $5,330.14 in FICA taxes will be allocated to the contract for a total amount of$75,000. C. Travel and Training: D. Equipment: E. Supplies: F. Contracts/Consultants: G. Other Approved: I_NDIRECT COSTS (10% Maximum): A. Personnel: B. Fringe Benefits: C. Travel and Training: D. Equipment: E. Supplies: F. Contracts/Consultants: G. Other Approved: FY 19 CALL CENTER CFW and SAFE CITY COMMISSION Page 15 of 21 Exhibit B Budget Summary Fiscal Year 2019 DIRECT PROGRAM COSTS(90% Minimum) Total $75,000.00 A. PERSONNEL Salaries $69,675.00 PERSONNEL TOTAL: $69,675.00 B. FRINGE BENEFITS FICA $5,325.00 FRINGE BENEFITS TOTAL $5,325.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D. EQUIPMENT None EQUIPMENT TOTAL $0.00 E. SUPPLIES None SUPPLIES TOTAL $0.00 F. CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 R CT PROGRAM COSTS(10%Maximum) Total $0.00 A. PERSONNEL None PERSONNEL TOTAL: $0.00 FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 16 of 21 B. FRINGE BENEFITS None FRINGE BENEFITS TOTAL $0.00 C.TRAVEL AND TRAINING None TRAVEL AND TRAINING TOTAL $0.00 D. EQUIPMENT None EQUIPMENT TOTAL $0.00 E. SUPPLIES None SUPPLIES TOTAL $0.00 F. CONTRACTS/CONSULTANTS None CONTRACTS/CONSULTANTS TOTAL $0.00 G. OTHER APPROVED None OTHER APPROVED TOTAL $0.00 GRAND TOTAL $75,000.00 FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 17 of 21 WORTH Exhibit c .... FORT ---'.� Request for Reimbursement(RFR)_ FY 2019 CRIME CONTROL A-NO PREVEN11ON DISTRICT Submit To: Submitting Agency: Safe City Commission-Call Center Bob Bolen Public Safety Complex Contact Name: Grant Summers Atter Keith Morris Phone Nlmtber. (817)502-7121 Financial Management Division Eatlail: gsummers9bonesafeolace.ora 505 West Fels St - - Fort Worth,TX 76115 Rem¢Address: 1100 Hemphill St,Fort Worth,TX 76104 Invoice Number. Month ofRequest DMECr COSTS(90%Minimum) A B C D E Total of Previous This Month's B (A-D Budget Category BudgetAmount Reimbursements Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ 69,675.00 5 - S 69,675.00 B Fringe Benefits $ 5,325.00 5 - $ 5,325.00 C Travel&Training $ - $ - D Equipment S - $ E Supplies F Contracts/Consuhants Total Direct Costs S 75000.00 $ $ S S 75,000.00 INDHU=COSTS(10%1Na mum) A B C D E Total of Previous A-D Budget Category Budget Amount Reimbursements This Month's Total Requested Remaining Balance Requested Request To-Date Available A Personnel $ - $ - B Fringe Benefits $ - $ - C Travel&Training S - $ D Equipment $ - $ - E Supplies $ - $ - F Contracts/Consultants $ $ Total lnDirect Costs Is S $ S S a Supporting documents required with monthly requests. _ This includes,timesheets depicting CCPD funded activities, r Totals t St S 75 00.00 -_ copy ofpsychecks,invoices and receipts detailing a0 CCPD �__ Previous Requests: $ —funded espenditurea• _ This Request:j S Total Requested To-Dau 1 S Reaeming Funds $ 75 00.00 _— Ihave reviewed this request and certify that these listed expenses and su_p�rt documentation are accurate. Authored Signatory Signatory Title Date Fiscal Agent Use Onl _ Purchase Order# Fund Dep[ID Accoant RFR A__,r,_p-__,proved ForPaytnent _Grant Staff Signature Date Finance Received Stamp Placed Below FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 18 of 21 FORT WORTH CRLM CovnwL &PREvEmwN Dtsrwcr Exhibit D Fiscal Year 2019 Monthly Program Activities Report Current Reporting Month Submitting Agency Safe City Commission—Call Center Contact Name Rachel Gilbert Phone Number and (817) 502-7112/rgilbert@onesafeplace.or� Email Remit Address 1100 Hemphill St, Fort Worth,TX 76104 Activity Current To Date Year End Month Total Goal Total 1 Number of hours worked in the Safe City Commission Crime Stoppers Call 6,000 Center hours 2 Number of informant contacts 7,000 contacts 3 Number of tips received and referred to law enforcement or school 3,200 personnel tips 4 5 6 7 I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 19 of 21 FORT WORTH CRIME COKMOL &PnvEmion Dismcr Exhibit E Fiscal Year 2019 Quarterly Program Effectiveness Measurement Report Current Reporting Quarter Submitting Agency Safe City Commission—Call Center Contact Name Rachel Gilbert Phone Number and (817) 502-7112/rgilbert@onesafeplace.org Email Remit Address 1100 Hemphill St, Fort Worth,TX 76104 Please include outcome narrative that describes how measure was accomplished for each quarter. Effectiveness Measures and Quarterly Outcomes Measure 1 45%of informant contacts to the Call Center result in the establishment of a new Crime Stoppers tip. Outcome Measure 2 10%of Crime Stoppers tips received by the Call Center result in the arrest of an offender. Outcome Measure 3 22%of Crime Stoppers tips received by the Call Center result in a cleared case. Outcome Measure 4 8%of Crime Stoppers tips received by the Call Center result in a reward paid to an anonymous tipster. Outcome Measure 5 Narrative of any success stories during the quarter. Outcome I have reviewed this report and certify that the measures provided are accurate and appropriately reflect the CCPD goals set forth in the contract. Authorized Signatory Signatory Title Date Report due each quarter: 1"Quarter(Oct-Dec)due January 15 2nd Quarter(Jan-Mar)due April 15 3rd Quarter(Apr-June)due July 15 4th Quarter(Jul-Sep)due October 15 FY 19 CALL CENTER CFW and SAFE CITY COMMISSION Page 20 of 21 FORT WORTH CRO CONI OL &PRrvrxnon DisrRicr • Up to 5%of any budgeted line-item does not need prior approval but form must be sent to City with monthly RFR • More than 5%of any budgeted line-item must have prior City approval • An increase in a zero line-item must have prior City approval • Modifications cannot be made between Direct and Indirect costs Exhibit F Request for Budget Modification Fiscal Year 2019 Date Submitting Agency Contact Name Phone Number and Email Remit Address DIRECT COSTS(90%minimum) Budget Category Approved Budget Change Requested Revised Budget Personnel 69,675 Fringe Benefits 5,325 Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Direct Costs INDIRECT COSTS(10%maximum) Budget Category Approved Budget Change Requested Revised Budget Personnel Fringe Benefits Travel and Training Equipment Supplies Contracts/Consultants Other Approved Total Indirect Costs Modification Narrative(describe in detail what change is ford I have reviewed this request and certify that the listed modifications are correct. Authorized Signatory Signatory Title Date FWPD STAFF USE ONLY Modification Approved Q Modification NOT Approved FWPD Staff Signature Date FYI CALL CENTER CFW and SAFE CITY COMMISSION Page 21 of 21 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT_ O�TtI COUNCIL ACTION: Approved As Amended on 9/25/2018 REFERENCE 35SAFE CITY COMMISSION DATE: 9/25/2018 NO.: C-28880 LOG NAME: CALL CENTER PROGRAM FY19 CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Agreement with Safe City Commission in the Amount of $75,000.00 to Continue Operation of the Crime Stoppers Program Call Center for Fiscal Year 2019 (CCPD Funded) (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Safe City Commission in the amount of$75,000.00 to continue operation of the Crime Stoppers Call Center for Fiscal Year 2019. DISCUSSION: Safe City Commission (SCC) is a vital partner in the City of Fort Worth's crime prevention efforts. SCC seeks to help make Fort Worth the safest major city in the United States through its partnerships with the community, schools, and law enforcement. The Fort Worth Police Department actively supports the SCC Crime Stoppers Program, which was established in Tarrant County in 1982. The Crime Stoppers Call Center creates a centralized location for anonymous callers to report information about criminal activity in Tarrant County. This information can be used by law enforcement authorities and school districts to prevent and combat crime. The Call Center operates between the hours of 7:00 a.m. and 11:00 p.m., Monday through Thursday; 7:00 a.m. to midnight on Friday; and 8:00 a.m. to midnight Saturday and Sunday, 52 weeks per year. A voicemail system is in place to receive after- hour calls, which are checked the following morning. The Crime Control and Prevention District Fiscal Year 2019 Budget will include the amount of $75,000.00 to reimburse Safe City Commission for partial operating costs of the Crime Stoppers Program Call Center. The Agreement will be effective October 1, 2018, and will end on September 30, 2019. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, contingent upon adoption of the Fiscal Year 2019 Budget by City Council, funds will be available in the Fiscal Year 2019 Budget of the Crime Control and Prevention District Fund and the Police Department is responsible for verifying the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Joel Fitzgerald (4231) Additional Information Contact: Tiffany Moore (4223) ATTACHMENTS HB 1295 (Cull Center)pdf i1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity Tiling form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-390364 Safe City Commission Fort Worth,TX United States Date Fled: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/09/2018 being filed. City of Fort Worth Date Acknowledg d: /S 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. FY2019 CCPD Call Center Tarrant County Crime Stoppers Call Center Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION L My name is (7Varl+ 1N1 and my date-of birth is O) 3 D1 Myaddressis 11bo att" mI ST rpf k4rA . -y - (atreet) (dry) (state) (zip asde) (country) I declare under penalty of perjury that the foregoing is true and correct. go— ExecutedJ Q In 1�/iG► _County.ty.State of on the day of�� .20�. —� (nth) (Year) Signature R authonz contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711