HomeMy WebLinkAboutContract 45239 (2)STATE OF TEXAS
COUNTY OF TARRANT §
CITY SECRETARY
CONTRACTNO 45fl9
In consideration of the mutual covenants, promises and agreements contained herein,
THIS AGREEMENT ("Agreement") is made and entered into between CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, ("City") acting by and
through Charles W. Daniels, its duly authorized Assistant City Manager, and THE SAFE CITY
COMMISSION, INC., a Texas non-profit organization (hereinafter referred to as SCC) acting by
and through Ken Sheller, its duly authorized representative.
RECITALS
WHEREAS, City has determined that a Safe City Commission "Crime Stoppers Call
Center" is necessary to improve efficiency of the dissemination of the tip information to all 37
municipalities and all 18 school districts in Tarrant County by creating and operating a local, in-
house tip call center; and
WHEREAS, SCC has agreed to operate a call center that will be staffed by paid
qualified public safety dispatchers that will operate between the hours of 7:00 a.m. and 11:00
p.m., Monday through Thursday; 7 a.m. to midnight on Friday; and 8:00 a.m. to midnight
Saturday and Sunday, 52 weeks per year, to operate the hotline. A voicemail system will be
established to receive after -hour calls, which will be addressed the following morning at 7:00
a.m; and
WHEREAS, City desires to contract with SCC to operate a Crime Stoppers Call Center;
and
WHEREAS, City, as consideration for the performance of SCC, has appropriated monies
in the Crime Control and Prevention District (CCPD) budget as reimbursed by the CCPD in the
amount of $75,000.00 ("Program Funds") to provide to the SCC for the operation of the Crime
Stoppers Call Center;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
1. Responsibilities of SCC
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" to this agreement, attached and
incorporated herein for all purposes incident to this Agreement. SCC shall be responsible for
day-to-day administration of the Crime Stoppers Call Center. SCC agrees to expend the
Program Funds in accordance with its Crime Stoppers Call Center budget as described in Exhibit
11B II
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11-
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2. Program Funds
2.1 In no event shall the total distributions of Program Funds from City made to the SCC
during the term of this Agreement exceed the total sum of $75,000.00 for the operation of the
Crime Stoppers Call Center. SCC shall keep all Program Funds in a specific account designated
only for the Program Funds and shall not commingle the Program Funds with any other monies.
In the event this Agreement is terminated, for any reason at any time, SCC shall return to City
any unused portion of Program Funds distributed hereunder.
2.2 Payment of the Program Funds from City to SCC shall be made within 30 days following
receipt of an invoice from the SCC requesting payment for the remainder of the contract year
expiring September 30, 2012. The invoice shall be submitted in sufficient detail to determine
whether costs are allowable under the agreement.
2.3 SCC is authorized to adjust any categories in the budget in an amount not to exceed 5%
of those particular categories without prior approval of City, as long as the total sum does not
exceed the amount of the Program Funds; however, SCC must notify City in writing of any such
adjustments. Any adjustment of more than 5% in any category must have written permission
from City prior to the budget adjustment being made. Any program income earned directly as a
result of the Crime Stoppers Call Center must be reported monthly and may be expended on the
Crime Stoppers Call Center with written permission from the program coordinator INVOICES
for payment, and budget adjustments shall be submitted to the Fiscal Management Division of
the Fort Worth Police Department, ATTENTION: Gerald L. Chandler 350 W. Belknap, Fort
Worth, Texas, 76102.
3. Term
The initial term of this Agreement is for a period beginning on October 1, 2011,
regardless of the date actually executed, and ending on September 30, 2012. All expenditures
must be completed prior to September 30, 2012.
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" to this contract.
4.2 SCC agrees to provide a quarterly Performance Narrative to document the performance
of the work described in Exhibit ' A." The Performance Narrative shall document the details of
the Crime Stoppers Call Center activities and include a description of the program outcomes.
Additionally, it should include any successes realized in descriptive detail. The quarterly
Performance Narrative shall be submitted to City no later than the 20th day after the end of each
quarter (in the months of January, April, July and October).
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 timely received, in whole or in part, City may, at its sole discretion, terminate
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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.
5.2 If for any reason at any time during any term of this Agreement, City Council of City fails
to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may
terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by
City to SCC by written notice of City s intention to terminate or (ii) the last date for which funding
has been appropriated by City Council for the purposes set forth in this Agreement.
5.3 This Agreement may be terminated by City, in whole or in part, whenever such
termination is determined by City to be in the best interest of City; such as in event of SCC
default; inability of either party to perform or to comply with the terms herein; or for other good
cause.
5.4 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 may be necessary for completion
of the work not terminated.
5.5 In the event City suspends or terminates this contract for cause, and the cause for such
suspension or termination is determined to be invalid, the SCC s sole remedy shall be
reinstatement of this contract. SCC expressly waives any and all rights to monetary damages,
including but not limited to actual and punitive damages and court costs.
5.6 Within thirty (30) days following the date of termination of this Agreement, SCC shall
return to City any property provided hereunder or as so directed by the Contract Administrator.
City will have no responsibility or liability for SCC's expenditures or actions occurring after the
effective date of termination of the Agreement.
6. Administrative Requirements
6.1 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 anytime any 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 Public Accountant 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.
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6.2 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 contract(s)
with SCC.
6.3 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.
6.4 SCC's obligation to City shall not end until all closeout requirements are completed
Activities required during this closeout period shall include, but are not limited to: making final
payments, disposing of Crime Stoppers Ca11 Centel assets as appropriate and any other actions as
directed by City's Contract Administrator.
6.5 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 the SCC, its officers, members, agents,
employees, and subcontractors for the purpose of such monitoring.
7. Independent Contractor
7.1 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
respondent 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. It is
expressly understood and agreed that no officer, member agent employee, subcontractor,
licensee or invitee of the SCC, nor any program participant hereunder is in the paid service of
City and 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.
7.2 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.
8. Indemnification
8.1 SCC covenants and agrees to indemnify, hold harmless and defend, at its own expense,
City and its officers, agents, servants and employees from and against any and all claims or suits
for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted arising out of or in connection with the
execution, performance, attempted performance or nonperformance of this agreement and/or the
operations, activities and services of the program described herein, whether or not caused, in
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whole or in part, by alleged negligence of officers, agents, servants, employees, or
subcontractors; and SSC hereby assumes all liability and responsibility of City and its officers,
agents, servants, and employees for any and all claims or suits for property loss or damage and/or
personal injury, including death, to any and all persons, of whatsoever kinds or character,
whether real or asserted, arising out of or in connection with the execution, performance,
attempted performance or non-performance of this contract and agreement and/or the operations,
activities and services of the programs described herein, whether or not caused in whole or in
part, by alleged negligence of officers, agents, servants, employees, or subcontractors of City.
SCC likewise covenants and agrees to and does hereby indemnify and hold harmless City from
and against any and all injury, damage or destruction of property of City, arising out of or in
connection with all acts or omissions of SCC, its officers, members, agents, employees,
subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, or subcontractors;
8.2 SCC agrees to and shall release City, its agents, employees, officers and legal
representatives from all liability for injury, death, damage or loss to persons or property sustained
in connection with or incidental to performance under this agreement, even if the injury, death,
damage or loss is caused by City's sole or concurrent negligence.
8.3 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.
9. Non -Assignment
No assignment or delegation of duties under this Agreement by SCC shall be effective
without City's prior written approval.
10. Prohibition Against Interest
10.1 No member, officer or employee of City, or its designees or agents no member of the
governing body of the locality in which the Crime Stoppers Call Center is situated; and no other
public official of such locality or localities who exercises any functions or responsibilities with
respect to the Crime Stoppers 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.
10.2 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.
11. Nondiscrimination
11.1 In accordance with the policy of the Executive Branch of the federal government, 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
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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, or statutory
requirement.
11.2 SCC will not unlawfully discriminate against any person or persons because of sex, race,
religion, age, disability, color, national origin, or familial status, nor will SCC permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
11.3 This Agreement is made and entered into with reference specifically to Chapter 17,
Article III ("Discrimination"), Division 3 ("Employment Practices"), of City Code of City of Fort
Worth, and SCC hereby covenants and agrees that SCC, its officers, members, agents, employees
and subcontractors, have fully complied with same and that no employee, employee -applicant or
program participant has been discriminated against by the terms of such ordinance by either
SCC, its officers, members, agents, employees or subcontractors.
11.4 SCC further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990
('ADA' ), SCC warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public nor in the
availability, terms and/or conditions of employment for applicants for employment with SCC, or
employees of SCC or any of its subcontractors. SCC warrants it will fully comply with ADA s
provisions and any other applicable Federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of SCC's and/or its subcontractors' alleged
failure to comply with the above -referenced laws concerning disability discrimination in the
performance of this Agreement
12. Compliance
12.1 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 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.
12.2 SCC shall utilize Program Funds and City funds strictly for those purposes and goals
intended under the terms and conditions of this Agreement. If City calls the attention of SCC 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.
12.3 City delegates authority for contract administration, compliance, and monitoring to the
Contract Administrator, Program Support Division, Grants and Contracts Section.
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13. 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.
14. Miscellaneous Provisions
14.1 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.
14.2 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.
14.3 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 he in Tarrant County, Texas.
14.4 SCC represents that it possesses the legal authority, pursuant to a proper appropriate and
official motion, resolution of action passed or taken, to enter into this Contract and to perform
the responsibilities herein required.
14.5 This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Agreement for all purposes, constitute the entire agreement
between the parties concerning the work and services to be performed hereunder, and any prior
or contemporaneous, oral or written agreements which purport to vary from the terms hereof
shall be void. Any amendments to the terms of this Agreement must be in writing and must be
approved by each party.
14.6 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 set out in the
preamble of this Agreement or at such other address as the receiving party designates by proper
notice to the sending party.
14.7 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.
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14.8 SCC certifies that it has obtained a 501(c)(3) Certificate from the Internal Revenue
Service. SCC shall notify City in writing of any changes to its 501(c)(3) tax-exempt status
during the term of this Agreement.
14.9 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
14.10 The provisions and conditions of this Agreement are meant 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, to be effective October 1, 2011.
CITY OF FORT WORTH
J-f • y Halst-ad /0 st�/
Chief of Police
arles W. Daniels
Assistant City Manager
SAFE CITY COMMISSION, INC.
Ken Shetter
NesidetttacistftetBsettade
APPROVED AS TO FORM AND LEGALITY:
.4,1A7)4/
Jsica Sangsvang
Assistant City Attorney
ATTEST:
City Secretary
Authorization:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
Services to be Provided by Safe City Commission, Inc.
Call Center Contract — CRIME STOPPERS HOTLINE
1. Operate the CRIME STOPPERS Hotline, hereinafter referred to as the "Hotline".
This line will be used to receive calls from persons wishing to report information
regarding unsolved crimes, the recovery of stolen property, the seizure of illegally gained
assets, the seizure of illegal contraband, or wanted fugitives from justice;
2. Provide trained Call -Takers 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, to operate the Hotline.
3. Provide a voicemail system to receive after -hour calls. The voicemail will be checked
the following morning at 8 00 a.m.;
4 Ensure that all tips or other information received through the Hotline are logged in and
relayed to the appropriate agency in accordance with the procedures set for in this
contract
5. Provide adequate supervision and training to the personnel assigned to operate the
Hotline;
6. Maintain an electronic record of Hotline reports in a manner that will assure their
physical and electronic integrity and provide any such Hotline infoiuiation to the
RECEIVING PARTY upon request;
7. Install and maintain TipSoft for the expeditious retrieval of all tips and information
received from Hotline calls;
8. Call the Hotline periodically and correct any problems that interfere with the proper
working order of the line;
9. Ensure the confidentiality of information obtained during the performance of the
services under this contract so that the identity of informants will not be revealed; and
10. Ensure that personnel assigned to operate the Hotline are instructed regarding the
criminal penalties under US Law for the misuse of the information received. The
instruction shall take place before personnel operate the Hotline.
Exhibit B
"Safe City Call Center Budget"
Projected Use of City of Fort Worth Funds
Hourly Wages for Crime Stoppers
Call Center Supervisors and Equipment Costs $75,000.00
TOTAL: $75,000.00
M&C Review
Page 1 of 2
DATE:
CODE:
COUNCIL ACTION: Approved on 1/4/2011
1/4/2011 REFERENCE
NO.:
HEARING:
SUBJECT: Authorize the Ratification and Execution of an Agreement with the Safe City Commission,
Inc., to Operate a Crime Stoppers Call Center for $75,000.00
Official site of the City of Fort Worth, Texas
FORT WORTH
C TYPE:
**C-24672 LOG NAME: 35SCCCALLCENTER2011
CONSENT PUBLIC
NO
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to ratify and execute an
agreement for $75,000.00 with the Safe City Commission, Inc., during Fiscal Year 2011 with four
one-year options to extend the agreement to operate a Crime Stoppers Call Center without further
action from City Council.
DISCUSSION:
The Fort Worth Police Department has been an active partner in the Safe City Commission Crime
Stoppers Program Prior to Fiscal Year 2007, there was not an effective system to provide useful,
accurate information for the Crime Stoppers Program In an effort to improve efficiency of the
dissemination of the tip information to all 37 municipalities and all 18 school districts in Tarrant
County, Safe City Commission, Inc. began the creation of a local, in-house tip call center. The call
center is staffed by paid off -duty public safety dispatchers that operate between the hours of 8:00
a.m. and 12:00 a.m , seven days a week, 365 days a year A voicemail system receives after -hour
calls, which will be checked the following morning at 8:00 a.m. The ratificaton action is necessary
due to revisions in the contract performance measures and budget to accurately align and delineate
Safe City Commission's responsibilities from the City's responsibilities.
The Fiscal Year 2011 budget includes $60,000.00 in the Crime Control and Prevention District Fund
and $15,000.00 from the Federal Awarded Assets Fund for the Crime Stoppers Call Center. This
Mayor and Council Communication will authorize the ratification and execution of a contract for
$75,000.00 with the Safe City Commission Inc., in order to operate a Crime Stoppers CaII Center
beginning October 1, 2010.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated, of the Crime Control and Prevention District Fund and the Federal Awards
Asset Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR79 531200 0359102 $60.000.00
R107 539120 0351000 $15.000.00
Submitted for City Manager's Office by: Charles W. Daniels (6575)
Originating Department Head: Jeffrey W. Halstead (4210)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14557&councildate=1/4/2011 11/9/2011
M&C Review Page 2 of 2
Additional Information Contact: Monique Moore (4221)
ATTACHMENTS
http://apps.cfwnet org/council_packet/mc review.asp?ID=14557&councildate=1/4/2011 11/9/2011