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HomeMy WebLinkAboutContract 47044 (2)RECE%VED SEP - 3 2015, Gl CIT1C SEGRFWI�RY H FORT PROFESSIONAL SERVICES AGREEMENT CITY , CONMACI AJa 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 Rudy Jackson, its duly authorized Assistant City Manager, and National Center For State Courts (NCSC) ("Consultant"), a Virginia Corporation and acting by and through Daniel J. Hall, its duly authorized Vice President, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A — Statement of Work 3. Exhibit B — Budget Schedule Exhibits A and B, which are attached hereto are 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 and B and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of benchmarking and analyzing the operations of the Fort Worth Municipal Court's structure, processes, collectibles and enforcement strategies. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall begin on September 1, 2015 ("Effective Date") and shall expire on August 31, 2016 ("Expiration Date"), unless terminated in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant in accordance with the hourly rate of Consultant personnel who perform services under this Agreement in accordance with the provisions of this Agreement and the Budget Schedule attached as Exhibit "B"; however, total payment made under this Agreement by the City for all services shall not exceed Forty -Five Thousand Dollars ($45,000). 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. Consultant shall provide monthly invoices to the City. Invoices shall contain a detailed breakdown to include: type of service performed including personnel name, functional title, date and hours of work performed. Professional Services Agreement National Center For State Courts OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX icy Revised, June 2012 C) 481 Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by the City of Consultant's invoice for payment of the same. In the event of a disputed or contested billing only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. The City will exercise reasonableness in contesting any billing or portion thereof. 4. TERMINATION. 4.1. Written Notice. The City or Consultant 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 Non -appropriation of Funds. 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 have been appropriated. 4.3 Breach. Subject to Section 27 herein, either party may terminate this Agreement for breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 27. 4.4 Duties and Obligations 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. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 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 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 5.2 Confidential Information. Consultant, for itself and its officers, agents and employees, 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. Professional Services Agreement Page 2 of 11 National Center For State Courts 5.3 Unauthorized Access. 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, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years have access to and the light 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, or the final conclusion of any audit commenced during the said three years 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 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 CONSULTANT. It is expressly understood and agreed that Consultant shall operate as an independent Consultant as to all rights and privileges and work performed under this agreement, 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, Consultants and subcontractor. Consultant acknowledges that the doctrine of respondent superior shall not apply as between the City, its officers agents, servants and employees, and Consultant its officers agents employees, servants, Consultants and subcontractor. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant It is further understood that the City shall in no way be considered a Co -employer or a Joint employer of Consultant or any officers agents, servants employees or subcontractor of Consultant Neither Consultant, nor any officers, agents servants, employees or subcontractor of Consultant shall be entitled to any employment benefits from the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - CONSULTANT SHALL BE LL4BLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, Professional Services Agreement Page 3 of 11 National Center For State Courts WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. B. GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. C INTELLECTUAL PROPERTY INDEMNIFICATION - CONSULTANT AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE ANY CLAIM OR ACTION AGAINST THE CITY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE OF THE SOFTWARE AND/OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE OR PAY SHALL NOT APPLY IF THE CITY MODIFIES OR MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS CONSULTANT BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST THE CITY PURSUANT TO THIS SECTION, CONSULTANT SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM HOWEVER, CITY SHALL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT THE CITY'S INTEREST, AND CITY AGREES TO COOPERATE WITH CONSULTANT IN DOING SO IN THE EVENT CITY, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST THE CITY FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, THE CITY SHALL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, CONSULTANT SHALL FULLY PARTICIPATE AND COOPERATE WITH THE CITY IN DEFENSE OF SUCH CLAIM OR ACTION. CITY AGREES TO GIVE CONSULTANT TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITY MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, THE CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE CONSULTANT'S DUTY TO INDEMNIFY THE CITY UNDER THIS AGREEMENT IF THE SOFTWARE AND/OR DOCUMENTATION OR ANY PART THEREOF IS HELD TO INFRINGE AND THE USE THEREOF IS ENJOINED OR RESTRAINED OR, IF AS A RESULT OF A SETTLEMENT OR COMPROMISE, SUCH USE IS MATERIALLY ADVERSELY RESTRICTED, CONSULTANT SHALL, AT ITS OWN EXPENSE AND AS CITY'S SOLE REMEDY, EITHER: (A) PROCURE FOR CITY THE RIGHT TO CONTINUE TO USE THE SOFTWARE AND/OR Professional Services Agreement Page 4 of 11 National Center For State Courts DOCUMENTATION; OR (B) MODIFY THE SOFTWARE AND/OR DOCUMENTATION TO MAKE IT NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLY ADVERSELY AFFECT CITY'S AUTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWARE AND/OR DOCUMENTATION WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON - INFRINGING SOFTWARE AND/OR DOCUMENTATION AT NO ADDITIONAL CHARGE TO CITY; OR (D) IF NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY AVAILABLE TO CONSULTANT, TERMINATE THIS AGREEMENT, AND REFUND ALL AMOUNTS PAID TO CONSULTANT BY THE CITY, SUBSEQUENT TO WHICH TERMINATION CITY MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO CITY UNDER LAW. Section 8 shall survive the expiration or termination of this Agreement. 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 of the Consultant under this Agreement prior to the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor 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. 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 $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each occurrence on a combined single limit basis 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 Professional Services Agreement National Center For State Courts Page 5 of 11 $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 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. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100 000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100 000 per disease per employee (d) Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. 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 General Requirements (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. (c) 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, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Professional Services Agreement Page 6 of 11 National Center For State Courts (f) 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. 11. COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS. Consultant agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this agreement will also 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 ai ises 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 Section 12 shall survive the expiration or termination of this Agreement. 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, ieturn receipt requested, addressed as follows: To the CITY: City of Fort Worth Attn' Rudy Jackson, Assistant City Manager 1000 Throckmorton Street Fort Worth TX 76102-6311 Facsimile (817) 392-8654 14. SOLICITATION OF EMPLOYEES. To CONSULTANT: National Center for State Courts Daniel J. Hall, Vice President 707 Seventeenth Street, Suite 2900 Denver, Colorado 80202 3429 Facsimile (303) 296-9007 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 Consultant, 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 Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Professional Services Agreement Page 7 of 11 National Center For State Courts 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 or immunities. 16. 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 / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to 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 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, 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, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision 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 A or B. 22. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS. No amendment, modification, or extension of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and executed by an authorized representative of each party. Professional Services Agreement Page 8 of 11 National Center For State Courts 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A and B, , 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. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument 25. WARRANTY OF SERVICES. Consultant warrants that its services will be of a professional quality and conform to generally prevailing industry standards City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by the City to Consultant for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility employment verification, and nondisciimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. 27. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.3, if either City or Consultant has a claim dispute, or other matter in question foi breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non -binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be Professional Services Agreement Page 9 of 11 National Center For State Courts liable for its own expenses, including attorney s fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. 28. 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. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement, collectively, "Work Product" Further, City shall be the sole and exclusive owner of all copyright patent trademark trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire' within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent trademark trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement Page 10 of 11 National Center For State Courts Date: IN ITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this Al day of ,2015. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Rudy Ja AssistanCity Manager Date: 1 ea'- APPROVAL RECOMMENDED: By: I �� DirVc or, Municipal Court Pomo ATTEST: APPROVED AS TO FORM AND LEGALITY: B C4004.000.01.......00,tafters "V 1 ZI •ua I IJ iii i c,, oota ti. rocc rctcke.n Assistant City Attorney I Professional Services Agreement National Center For State Courts NATIONAL CENTER FOR STATE COURTS: B el J. Hall: ice Presiden Date: S/�8/096)�`�� By: Name: Title: CONTRACT AUTHORIZATION: M&C: N/A Date Approved: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 11 of 11 al Center fntrState Courr$, Mary Campbell McQueen President Mr Rudy Jackson Interim Assistant City Manager Fort Worth Municipal Court 1000 Throckmorton Street Fort Worth, Texas 76102 EXHIBIT A STATEMENT OF WORK A nonprofit organization improving justice through leadership and service to courts Daniel J. Hall Vice President Court Consulting Services Denver Office June 11, 2015 RE: Benchmarking and Overview of the City of Fort Worth Municipal Court's Structure, Processes, Collectibles, and Enforcement Strategy Dear Mr. Jackson: Thank you very much for asking the National Center for State Courts (NCSC) to benchmark and analyze the operations of the Fort Worth Municipal Court. The NCSC is pleased to submit this proposal to accomplish the requested work and to produce a report comparing the Fort Worth Municipal Court with other municipal courts in Texas, identifying best practices, and making recommendations to improve the effectiveness and efficiencies of the Fort Worth Municipal Court system. The NCSC's headquarters office is located in Williamsburg, Virginia and its Court Consulting Services division is based in Denver Colorado. The Court Consulting Services division will be responsible for the services provided to the City of Fort Worth Municipal Court. • I will be the key contact in respect to this proposal. If you have any questions or concerns, please contact me at lklaversma@ncsc.orc or (303) 308-4301. Headquarters 300 Newport Avenue Williamsburg VA 23185-4147 (800) 616-6164 Laura Klaversma Court Services Director • Court Consulting 707 Seventeenth Street, Suite 2900 Denver, CO 80202-3429 (800) 466-3063 www.ncsc.org Sin__c��erely, ff1' Avir _:ay i gi f:Ui s� f/) i15gn B�o�ule�td, u 50 gton, VK2.22d�:I3'S26 V(810T5 2102O4 Cen r for S a Court City of Fort Worth Municipal Court • Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy REVISED PROPOSAL, June 2015 SUBMITTED BY NATIONAL CENTER FOR STATE COURTS COURT CONSULTING SERVICES Daniel J. Hall, Vice President Laura Klaversma, Court Services Director 707 SEVENTEENTH STREET, SUITE 2900 DENVER, COLORADO 80202-3429 PHONE: (303) 293-3063 FAX: (303) 296-9007 City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal TABLE OF CONTENTS I. Background 1 II. Project Description 1 A. Benchmarking Comparison 1 B. Best Practices 3 III. Work Plan 3 IV. Organizational Qualifications 5 V. Budget 7 VI. Timeline 7 National Center for State Courts if City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal I. Background Texas Municipal Courts The Texas Legislature has created municipal courts in each of the incorporated cities of the state. The larger cities are served by multiple courts, the number depending upon the population of the city and the needs of the public. Municipal courts have original and exclusive jurisdiction over violations of city ordinances and, within the city limits, have concurrent jurisdiction with justice of the peace courts over Class C misdemeanor criminal cases where the punishment upon conviction is by small fine only. When city ordinances relating to fire safety zoning public health, or sanitation are violated, fines of up to $2,000 may be charged, when authorized by the governing body of the city. Municipal judges may issue search or arrest warrants. These courts do not have jurisdiction in most civil cases but do have limited civil jurisdiction in cases involving owners of dangerous dogs. Fort Worth Municipal Court The City of Fort Worth has a population of close to 800,000 persons. The Fort Worth Municipal Court has 13 full-time judges and 11 pro-tem (substitute) judges. The court has approximately 120 full -tune staff persons. Annual filmgs in 2014 included 173,000 criminal cases and 60,000 civil/ administrative cases. The court had 800,000 active cases pending at the end of December 2014.1 II. Proiect Description A. Benchmarking Comparison - Pursuant to the task plan set out below, the National Center for State Courts (NCSC) will benchmark the Fort Worth Municipal Court to the municipal courts of Houston, San Antonio Dallas, Austin, El Paso, Arlington, Garland, Irving, and Plano. The comparison will include the following areas: 1. Structure a. Court structure with total number of authorized positions (APs) assigned to the court along with an organizational chart. b. Number of APs per capita and case load. c. The number of courts m the system. d. Whether or not they participate in the Office of Court Administration Collection Improvement Program. 2. Processes a. Detail the caseflow management including time from ticket to trial timeline. 1 Texas Administrative Office of the Courts National Center for State Courts I City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal b. Does the court have an administrative close or purge policy (include actual policy)? i. How often does the purge or administrative close process occur? ii. Percentage of cases purged per fiscal year for the last five (5) years. 3. Collectibles a. What are the volumes of criminal and civil parking cases by fiscal year for the last five (5) years? b. What are the corresponding collectibles for open criminal and civil parking tickets by fiscal year for the last five (5) years? What are the clearance rates per fiscal year for the last five (5) years? d. For tickets issued per fiscal year, for the last five (5) years, how many were paid deferred, community service, warrant, collections, etc ? e. What are the total net and gross revenues per year for the last five (5) years? f. What are the number, percentage, and dollar amounts of cases in deferred status? g. What tender types does the court use to receive payments? h. Is there an external collections agency? i. When are cases referred to an external collection agency? ii. How many cases, with associated value, have been placed with an external collections agency per fiscal year for the last five (5) years? What is the external collections agency collection rate per year for the last five (5) years? i. Is the amount of collectibles we have consistent with other cities of our size? i. If not, why? What differences in structure, process, or enforcements may be contributing factors? 4. Enforcement a. Who serves warrants? b. What is the number of warrants issued per year for the last five (5) years? c. What is the number of warrants served per year for the last five (5) years? d. How are warrant commitments handled? Is time served concurrently for tickets? e. Is there a limit on jail time served? f. Do you have a city owned jail? g. What are the top 5 violations? National Center for State Courts City of Fort Worth Municipal Court Benchmarking and Overview of Structwae, Processes, Collectibles, and Enforcement Strategy Revised Proposal 5. Disposition a. What methods and practices does the court have for managing payment plans and follow-up collection activities? b. What is the number and percentage of cases being classified as "indigent"? c. What processes/procedures does the court use for validating defendants are indigent? d. How does the court manage a "total view" perspective when a defendant has multiple cases outstanding? B. Best Practices The NCSC will identify "best practices' and provide recommendations to improve the effectiveness and efficiency of the Fort Worth Municipal Court system. III. Work Plan The work plan will include the following tasks: Task l: Project Initiation - Kickoff Teleconference Upon execution of the contract, the NCSC project director will request the City of Forth Worth (City) to designate an on -site project manager to serve as the primary contact for the NCSC project team throughout the project and to address all logistical details, including scheduling times and places for interviews that the NCSC project team will conduct during its site visits. The NCSC project director will set up a teleconference involving the NCSC project team and the City project manager and other persons designated by the City project manager to: • Establish the working relationship between the NCSC project team and the City project manager. • Discuss any changes to what is to be included in the benchmarking comparison identified in Section II(A) above. • Discuss any needed revisions to the work plan. • Identify data and background information that the City project manager can provide to the NCSC project team for review prior to the first site visit. • Identify other readily available background information that the NCSC project team should access and review prior to the first site visit. • Discuss a plan for the site visit to be conducted under Task 3, including the identity of specific persons from the City or the court or collections agencies that the NCSC project team should interview and specific processes that the team should observe. • Identify the persons who will receive and review the draft and final reports. Task 2: Review of Background Information The NCSC project team will review data and background information provided by the City project manager and other material identified in the teleconference along with materials on state and national best practices for municipal courts National Center for State Courts City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal Task 3: Initial Site Visit — Gather Information through Observation and Interviews The NCSC project team will travel to Fort Worth and conduct a five (5) day site visit. During the visit, the NCSC project team will interview personnel; observe the performance of the court, related offices, and stakeholders; review the documentation and performance of operational systems and procedures and gather data and documentation needed to answer the questions in II(A) above. Task 4: Data Analysis and Document Review The NCSC project team will review and analyze the data and documents obtained during the site visit. As necessary, the NCSC project team will ask the City project manager to provide additional information. The NCSC project team will seek . obtain, and analyze similar data and documents from the nine other Texas municipal courts identified above The NCSC project team will review and analyze available research that the NCSC has previously conducted in other municipal courts and contact municipal court judges and administrators, as well as judicial experts, nationwide in order to identify best practices in each area. The NCSC project team will make every effort to collect the data requested recognizing that there may be courts or jurisdictions that choose not to share the requested data or cannot provide it Task 5: Develop a Draft Report for Review and Distribution The NCSC project team will prepare a draft report that, addresses each matter identified in the project description (Section II) and send it via e-mail to the City project manager for review by the City project manager and other persons designated by the City project manager. Task 6: Review the Draft Report The NCSC project team will meet with the City project manager and other persons identified by the City project manager via teleconference in order to receive comments on the draft report and to gather additional mformation. The NCSC project team will then revise the draft report as appropriate based on the feedback provided. Task 7: Complete Final Report The NCSC project team will prepare the final report which addresses all matters identified in Section II(A), and in particular compares the Fort Worth Municipal Court to the other nine Texas municipal courts. The report will include best practices and provide recommendations to improve the effectiveness and efficiency of the Fort Worth Municipal Court system. Task 8: Present Findings of the Report The NCSC project team will conduct a teleconference/webinar with the City project manager and with persons designated by the City project manager to present the findings and recommendations of the final report and discuss "next steps" to implement its recommendations in both the short and long terms. National Center for State Courts City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal N. Organizational Qualifications The NCSC is a non-profit corporation with the mission to improve the administration of justice through leadership and service to state courts and to justice systems around the world. Founded by the Conference of Chief Justices in 1971, the NCSC is the pre-eminent judicial reform organization m-the United States and a national and global leader in helping courts improve the administration of justice and delivery of services. The NCSC is dedicated to modernizing court operations and improving justice at the state and local level throughout the country. It functions as an extension of the state courts, working with them and providing an effective voice in matters of national importance. The NCSC thus acts as a focal point for judicial modernization, serving as a catalyst for implementing standards of fair and expeditious judicial administration and helping to determine and disseminate solutions to the problems of individual courts and state judicial systems. The NCSC's work includes providing information, technical assistance, and consulting services to courts and other interested parties, and conducting research and evaluations in all areas of operation of the courts. Through its Denver office, the NCSC provides direct court consulting services to courts in order to improve court management performance across a broad spectrum of topical areas, including court leadership, caseload management, financial management technology management, human resources facilities, court security, and enforcement of court sanctions. No organization in the nation is more knowledgeable about how courts work and the application of modem management principles to court leadership, organization and operations than the NCSC. Over the past five years, the NCSC has conducted 25 projects focused on municipal courts in 9 states: • Assistance with Designing a High Performance Court Planning and Management Process for the City of Scottsdale, Arizona, Municipal Court (2014) • Review of Municipal Court Operations for Stone Mountain, Georgia (2013) • Barberton, Ohio Municipal Court Needs Assessment (2013) • Court Consolidation Study for Franklin Municipal Court, Lebanon Municipal Court, and Warren County Court, Ohio (2013) • Internal Implementation Manager for the City of El Paso, Texas, Municipal Court Software (2013) • Judicial Facility Needs Assessment and Space Planning for the City of Scottsdale, Arizona, Municipal Court (2012) • Greeley, Colorado, Municipal Court Procedures Review (2012) • Ohio Municipal Courts Complex Renovation (2012) • Courthouse Security Assessment of Cibolo, Texas, Municipal Court (2012) • Phoenix, Arizona, Municipal Court Operations Study (2011) • Assistance with Candidate Search for the Atlanta Georgia Municipal Court (2011) • Cleveland, Ohio, Housing Court Efficiency Review (2011) • Austin, Texas, Municipal Court Facility Master Plan (2011) • Des Moines, Iowa, Municipal Court Assessment (2011) National Center for State Courts City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal • • • • • • • • • • Washington State Municipal Court Finance Assessment (2011) Courthouse Security Assessment for the Municipal Court of Mesa, Arizona (2010) Assistance in Hiring a New Presiding Judge for the City of Littleton, Colorado, Municipal Court (2010) Consulting Assistance to Evaluate Policies and Procedures for the Clerk's Office and Court Operations for the City of Littleton, Colorado Municipal Court (2010) Judicial Process Study for the Olathe Municipal Court Kansas (2010) Review of the Beaverton, Oregon, Municipal Court (2010) Assessment of the Charleston South Carolina, Municipal Court (2010) Assessment of the Montgomery, Texas, Municipal Court (2010) Cleveland, Ohio, Municipal Court Operations Review (2010) Renton, Washington, Municipal Court Workload (2010) Seattle, Washington, Municipal Court Assessment (2010) Key Staff John Douglas, a Principal Court Management Consultant at the NCSC, will serve as the project director. Since joining the NCSC in 1997, Mr Douglas has participated in many judicial workload assessment studies, specifically those in Georgia, Iowa, Kansas, Maine Maryland, North Carolina North Dakota, South Dakota, Tennessee, Wyoming, Guam, and Puerto Rico. He has also participated m a number of clerical and probation officer workload assessments. Mr. Douglas has also audited the work processes of the City of Aurora, Colorado Municipal Court; the Colorado Eighteenth Judicial Circuit; the Arapahoe County, Colorado Jail; the Denver County Drug Court; the Colorado State Court of Appeals; the Galveston, Texas Municipal Court the Collin County, Texas Clerk's Office; the Salt Lake City Municipal Court; and the Colorado State Supreme Court. Other projects on which Mr Douglas has worked include the Denver Juvenile Justice Integrated Treatment Network; Philadelphia Court Reporters Project, Knox County Juvenile Court Project; Iowa Alternative Dispute Resolution Analysis; Eugene, Oregon Municipal Court Assessment, Mecklenburg County, North Carolina Fines and Fees Assessment; Atlanta City Court Management Review; Delaware Court of Common Pleas Work Process Review; and the North Dakota Staffing Standards Project. Janet Cornell is a court consultant, facilitator, and educator with a background in general and limited jurisdiction courts. From 2002 to 2013, Ms. Cornell was court administrator for the Scottsdale (Arizona) City Court, and from 1998 to 2002 she was criminal justice staff consultant with the Maricopa County (Phoenix) Information Technology Department. Ms Cornell also served as senior judicial administrator with the Maricopa County Superior Court administrator with the county justice courts, and operations manager for the U.S. District Court of Arizona in Phoenix. Ms. Cornell has a long history of consulting for local, federal, and international audiences in areas including caseflow management, court • administration, customer service, leadership, reengmeering and court performance measures. She has published numerous court -based articles and is a past president of the National Association for Court Management, the Arizona Courts Association, and the Arizona Limited Jurisdiction Administrators Association National Center for State Courts 6 EXHIBIT B BUDGET SCHEDULE City of Fort Worth Municipal Court Benchmarking and Overview of Structure, Processes, Collectibles, and Enforcement Strategy Revised Proposal Paige Bobbitt has been the Court Administrator of the Garland, Texas, Municipal Court since June 2005. Ms. Bobbitt is responsible for the administrative, financial, and operational oversight of all municipal court operations and facilities. She has reengineered the court by implementing paperless court operations, instituting a model collection program, developing performance measures to identify how functional activities impact fine collections, and initiated an internal cross -training program to ensure quality staff development and an' effective succession plan. Ms Bobbitt worked with the NCSC from 2012 — 2014 on a project to assess Iowa's Electronic Data Management System. Ms. Bobbitt has Masters of Public Affairs and Bachelor of Arts degrees from the University of Texas at Dallas. _ V. Budget ^' '1-mt ..Ux 1. Project Initiation — Kickoff Teleconference 2. Review of Background Information 3. Initial Site Visit — Gather Information through Observation and Interviews 4. Data Analysis and Document Review 5. Develop a Draft Report for Review and Distribution 6. Review the Draft Report 7. Complete Final Report 8. Present Findings of the Report TOTAL NCSC Technical Assistance Cost to City VI. Timeline tisk' .• 1. Project Initiation — Kickoff Teleconference 2. Review of Background Information 3. Initial Site Visit — Gather Information through Observation and Interviews 4. Data Analysis and Document Review 5. Develop a Draft Report for Review and Distribution 6. Review the Draft Report 7. Complete Final Report 8. Present Findings of the Report $846 $2,176 $20,921 $11,128 $8,140 $3,430 $2,090 $1,269 $50,000 ($5 000) $45 000 National Center for State Courts 6 16 124 88 66 26 16 9 351 din SI 6 days each/ 2 consultants mi MI al IM 12 days 7 192938 ACORO THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (804) 267-3100 Wells Fargo Insurance Services USA, Inc. 9020 Stony Point Parkway, Suite 200 Richmond, VA 23235 INSURED National Center for State Courts 707 17th Street, Suite 2900 Denver, CO 80202 COVERAGES INSURER A : INSURER B INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 9482645 REVISION NUMBER: See below IFAx 877-827-0725 INC. 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(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Misc Professional Liability (CLAIMS MADE) $25,000 SIR Y/N N X 73507722 N/A X 71703910 G27071855002 12/31/2014 12/31/2015 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Deductible $0 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) Deductible $0 EACH OCCURRENCE AGGREGATE 12/31/2014 12/31/2015 x ISTATUTE I IER" E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ 12/31/2014 12/31/2015 $2,000,000 Ea Claim or Related Claims subj to $2,000,000 Aggregate DATE (MM/DD/YYYY) 8/28/2015 1,000,000 1,000,000 10,000 1,000,000 2,000,000 Included 1,000,000 500,000 500,000 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The City of Fort Worth, its employees, officers, officials, agents and volunteers are included as an Additional Insured under General Liability and Auto Liability when required by written contract regarding their interest in the operations of the Named Insured. A Waiver of Subrogation in favor of the the City of Fort Worth applies on the Workers Compensation policy. 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