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HomeMy WebLinkAboutContract 53653 ' RFcFIV CSC No. 3 b Ep 5 MAR 1 20?0 C17YOFroll INCRT C17) FrA�Y y AGREEMENT FOR PRELIMINARY PERSONAL SERVICES �S AGREEMENT FOR PRELIMINARY PERSONAL SERVICES ("Agreement') is made and entered into by and between THE CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and RODNEY MCINTOSH ("Consultant'), an individual. City and Consultant may be individually referred to herein as a"Party" and collectively as the "Parties." WHEREAS, City and Consultant are parties to a Personal Service Agreement with a term beginning February 17, 2020 (the "Start Date") and expiring September 30, 2020, that agreement being Fort Worth City Secretary Contract No. 53551 (the"Contract'); and WHEREAS, beginning February 1, 2020, while the Contract was being fmalized, the City engaged Consultant to provide a limited amount of preliminary services prior to the Start Date; and WHEREAS, the Parties wish to memorialize the terms of the preliminary services provided and the compensation to be paid therefor. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows. 1. Preliminary Services. In connection with the development of a violence intervention and reduction program tailored for the City of Fort Worth and its residents, Consultant will provide community liaison and outreach services and provide feedback regarding elements for the program. Exhibit"A,"- Scope of Preliminary Services more specifically describes the services to be provided hereunder. Consultant shall perform the preliminary services in accordance with standards in the industry for the same or similar services. In addition, Consultant shall perform the preliminary services in accordance with all applicable federal, state, and local laws,rules, and regulatio OFFICIAL RECORD-1 CITY SECRETARY Personal Services Agreement FT.%0ftYH,1TX 2. Term. This Agreement address all preliminary services provided by Consultant for a term beginning February 1, 2020 and ending February 16, 2020 (the"Term"). 3. Consideration 3.1 Fee As full and complete compensation for all preliminary services provided during the Term, City shall pay Consultant a fee of$25.00 per hour. 3.2 Structure of Payments/Invoicing The Consultant will submit an invoice for preliminary services during the Term. Invoices shall be sent to Nicole Garcia Fort Worth Police Department 505 W. Felix Street, Fort Worth, Texas 76115. Invoices are due and payable within 30 days of receipt. If an invoice is submitted late, payment may be delayed. In connection with his fee invoices, the Consultant shall provide the City with signed time sheets documenting the time spent on the preliminary services, which shall generally be sufficient documentation to substantiate invoices. If the City requires additional reasonable documentation, it shall request the same promptly after receiving the above-described information, and the Consultant shall provide such additional reasonable documentation to the extent the same is available. In the event of a disputed or contested billing, only the portion.being contested will be withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until the contest has been mutually resolved. Personal Services Agreement Page 2 of 11 For contested billings,the City shall make payment in full to Consultant within 60 days of the date the contested matter is resolved. If City fails to make such payment, Consultant may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of services, Consultant shall have no liability to City for delays or damages caused to City because of such suspension of services. 3.3 Maximum Contract Expenditure. The total amount paid to Consultant related to the preliminary services shall not exceed $500.00 during the Term. 4. Termination. Either Party may terminate this Agreement at any time, with or without cause,by providing the other Party with ten(10) days' written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Consultant only for preliminary services actually rendered as of the effective date of termination. In the event this Agreement is terminated prior to expiration of the Term, Consultant shall continue to provide the City with preliminary services requested by the City and in accordance with this Agreement up to the effective date of termination 5. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the preliminary services performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. It is expressly understood and agreed that no officer, agent, servants, employee, or subcontractor of Consultant is in the paid service of City. 6. Liability and Indemnification. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR Personal Services Agreement Page 3 of 11 PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES . CONSULTANT 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 RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY(INCLUDINGDEATH)THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONSULTANT'S BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS A GREEMENT OR (II)ANY NEGLIGENTACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, 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 L)ABILITYRESULTING Fj?OM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,AND INTHEEVENT OFJOINTAND CONCURRENTNEGLIGENCE OF BOTH CONSULTANTAND CITY,RESPONSIBILITY,IFANY,SHALL BEAPPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THELAWS OF TEXAS. Consultant 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. Personal Services Agreement Page 4 of 11 7. Confidential Information. Consultant, for itself and its officers, agents, servants, employees, and subcontractors, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. Consultant understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including,but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Consultant acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Consultant, and 2)information held by the Consultant for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. If the City receives a request for any documents that may reveal any of Consultant's proprietary information under the Act, or by any other legal process, law,rule, or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify Consultant prior to disclosure of such documents. The City shall not be liable or responsible in any way for the disclosure of information not clearly marked as "Proprietary / Confidential Information" or if disclosure is required by the Act or any other applicable law or court order. In the event there is a request for such information,it will be the responsibility of Consultant to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 8. Insurance. Consultant shall not be required to procure or maintain insurance in connection with the preliminary services during the Term of this Agreement. Nothing in this Agreement shall impact the obligations of the parties with respect to Insurance under the Contract. 9. Assignment. Because of the personal nature of the preliminary services to be performed hereunder, Consultant may not and shall not assign or subcontract all or any part of its rights, privileges,or duties under this Agreement. Any attempted assignment of subcontract shall be void and constitute a breach of this Agreement. Personal Services Agreement Page 5 of 11 10. Compliance with Law. Consultant, its officers, agents, servants, employees, and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and Understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents, servants, employees, or subcontractors,then Consultant shall immediately desist from and correct such violation. 11. No Boycott of Israel. If Consultant has fewer than 10 employees or the Agreement is for less than$100,000,this section does not apply. Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Consultant certifies that Consultant's signature provides written verification to City that Consultant: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 12. Non-Discrimination. In the execution, performance, or attempted performance of this Agreement, Consultant will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color, national origin, or sexual orientation, nor will Consultant permit its officers, agents, servants, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17,Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its officers, agents, employees, and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Consultant, its officers, agents, employees, or subcontractors. Personal Services Agreement Page 6 of 11 13. Right to Audit. Consultant agrees that the City shall,until the expiration of three(3)years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace 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 of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract,and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give subcontractor reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. 14. FiscaI Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments 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 City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 15. 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. Personal Services Agreement Page 7 of 11 16. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Parry by hand-delivery or via U.S. Postal Service certified mail,postage prepaid,to the address of the other Party shown below: Jay Chapa, Assistant City Manager City of Fort Worth Rodney McIntosh 200 Texas St. 5420 Conroy Street Fort Worth, Texas 76102 Fort Worth, Texas 761344 17. 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. 18. Non-Waiver. The failure of either Party 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 or Consultant's right to assert or rely on any such term or right on any future occasion. 19. Disclosure of Conflicts. 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 provision of the preliminary services. In the event that any conflicts of interest arise after the execution of this Agreement, Consultant hereby agrees to make full disclosure to the City in writing immediately upon learning of such conflict. ,. 20. Diversity Business Enterprise Participation. In accordance with the City Code,the City has goals for the participation of diversity business enterprises in City contracts. Consultant acknowledges the goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. Personal Services Agreement Page 8 of 11 27. 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. 28. Entire Agreement. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this,the 13 day of March , 2Q2Q CITY OF FORT WORTH,TEXAS RODNEY MCINTOSH Jesus J.Chapa(Mar 13,2 20) Jay Chapa Rodney Mc ntosh Assistant City Manager Program Outreach Lead Date Signed: Date Signed: 3' l 3'2-z> Edwin K✓aus Edwin Kraus(Mar 13,2020) Edwin Kraus Chief of Police Ilk %% . ATTEST: Mary Kayser City Secretary APPROVED AS TO FORM AND LEGALITY: Denis McElroy(Mar 13,2020) Denis C. McElroy, Assistant City Attorney No M&C Required r FFT,, WORTN, TX REDO RETARY Personal Services Agreement Page 10 of 11 21. 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. 22. 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. 23. Force Majeure. If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes,lockouts, or other industrial disturbances; acts of public enemies;wars;blockades; insurrections;riots;epidemics;public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (each a "Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 24. 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. 25. Review of Counsel. The Parties acknowledge that each Party and its counsel have had the opportunity to review and revise 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. 26. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. Personal Services Agreement Page 9 of 11 EXHIBIT A SCOPE OF PRELIMINARY SERVICES The City desires to work with others to develop a proactive,non-law-enforcement-based violence intervention program designed to bring together stakeholders in the community to identify and address underlying issues. Consultant will assist the City with the development of the program. Consultant will provide community liaison and outreach services and provide feedback regarding elements from programs provided in other communities in order to assist the City in designing a program tailored to meet the needs and desires of the City and its residents. The City's goal is for full implementation of the program to commence in October of 2020. The Consultant will provide the following preliminary services to the City: Responsibilities: • Work to develop relationships with all key individuals that may contribute in the development of City-specific violence intervention program • Meet with representatives of the City on an as-needed basis to provide advice and guidance on proposals for non-law enforcement related programs to reduce violence within City of Fort Worth communities • Assist in developing strategies to mediate disputes and conflicts between individuals and/or groups • Provide insight regarding ways to "short circuit"potential escalating-violence cycles with guidance on how to prevent retaliatory violence or escalation before it occurs • Give insight and furnish training on specific strategies that individuals and groups can implement to bring about behavior change • Collect and report data as requested by the City to inform program development and intervention efforts • Attend regular team meetings • Connect with additional resources from neighboring communities (e.g., gang mediation assistance)to get needed support, when necessary • Conduct outreach to the community to build strong relationships with youth, residents, businesses, and church, civic, and community groups • Coordinate panels to evaluate other entities and resources for possible inclusion in program • Inquire into underlying motives for shootings/killings to assist in mediating situations and preventing retaliation between individuals and groups (working with the community, outreach programs and local law enforcement to gain information that may be helpful in preventing further violence) • Identify and diffuse "hot spots" for shootings and violence (conducting eyeball surveys with residents and community organizations to identify areas frequented by potential offenders)to determine where the program should be implemented at a future date • Attend and participate in meetings with law enforcement, community outreach workers, prosecution,probation, and agencies providing opportunities to discuss recent situations and coordinate efforts collectively to stop the killing r • Submit all required documents/reports as directed • All other duties agreed upon by Consultant and City Personal Services Agreement Page 11 of 11 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. e f Employee/Signature Titl� mil!' ❑ This form is N/A as No City Funds are associated with this Contract 1 Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH,T