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HomeMy WebLinkAboutContract 42735CITY SECRETARY �-2 -+ CONTRACT NO. AGREEMENT FOR PROFESSIONAL SERVICES This agreement ( "Agreement ") is made and entered into between the 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 Daniel Peel, a registered nurse, ( "Contractor "). RECITALS WHEREAS, City is in need of a Registered Nurse to assist City in drawing blood from persons suspected of driving under the influence; and WHEREAS, Contractor possess the necessary licensing to be known as a Registered Nurse and currently provides professional Nursing services to other agencies, including the drawing of blood for lab results; and WHEREAS, City and Contractor desire to enter into a contract whereby Contractor will provide nursing services for the benefit of the City. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the parties agree as follows: 1. SERVICES Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all objectives described in "Exhibit A" attached and incorporated herein for all purposes incident to this Agreement. City agrees to fully perform, or cause to be performed, with good faith and due diligence, all actions described in "Exhibit B," attached and incorporated herein for all purposes incident to this Agreement. 2. LICENSING All nursing personnel sent to draw blood of people in City custody under this Agreement shall have current "Registered Nursing" licenses in the state of Texas. 3. ASSIGNMENT Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment or subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. .� - � ,.. tip, � � ♦ � 4. CONSIDERATION City agrees to pay Contractor a rate of $50.00 per hour for registered nurse services. For purposes of calculating hours worked, billable time will begin upon the arrival at the designated spot at the times directed by the Police Department's Senior Contract Compliance Specialist. Billable time ends when the Police Department's DWI Sergeant relieves the Contractor from their assignment. The Fee shall constitute total compensation for all Services. Payment shall be made in a one time check and shall be based upon the number of hours of nursing services provided during the term of the contract. Payment to Contractor shall be made by City following receipt by City from Contractor of a signed and approved invoice. Invoices shall be addressed to the City of Fort Worth, Police Department, attention Program Support Division, 350 West Belknap, Fort Worth, Texas 76102, and shall be post marked no later than the 15`h day of the month following that month in which the charges were incurred. 5. TERM Services shall be provided by Contractor on an as needed basis agreed upon by both parties for a term beginning December 30, 2011 ( "Effective Date ") and ending on January 2, 2012, unless this Agreement is terminated as set forth herein. 6. INDEMNIFICATION CONTRACTOR COVENTANTS 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 OF 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 DESCRIBED HEREIN, WHETHER OR NOT CUASED, IN WHOLE OR IN PART, BY ALLEGED NEFLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY. CONTRACTOR 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 AGREEMENT AND /OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR 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. [Section 6 shall survive the expiration or termination of this Agreement.] 9. CONTINGENCY OF AGREEMENT It is expressly understood and agreed by and between the parties hereto that this Agreement is wholly conditioned upon the actual receipt of funds from the City Council to the Police Department and that if such funds from the City are not budgeted, in whole or in part, City may, at its sole discretion, terminate this Agreement. City shall make all payments under this Agreement from current revenues available to the paying party. 8. TERMINATION AND FINAL PAYMENT This Agreement may be terminated by City, in whole or in part, for any reason, upon written notice to the Contractor. Such written notice shall specify to what extent the work under the Agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of such termination, Contractor shall forward to City a final invoice for the appropriately prorated unpaid balance due on the Contract Amount for services rendered and City shall remit payment in full within sixty (60) days after the date of such invoice. 9. CURE OF BREACH Contractor and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms or provisions of this Agreement, each party shall provide written notice to the other as soon as reasonably possible after the non - breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non - breaching party shall have the right to declare this Agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 10. MONITORING Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the. Contractor under this Agreement, and City shall have access at all reasonable hours to offices and records of the Contractor, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring, such access being subject to the limitations and requirements under the Texas Public Information Act (PIA) and the Health Insurance Portability and Accountability Act (HIPAA). 11. RIGHT TO AUDIT Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement or the conclusion of any audit begun hereunder, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City should give Contractor reasonable advance notice of intended audits. [Section 11 shall survive the expiration or termination of this Agreement] 12. INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. The City shall not be responsible under the Doctrine of Respondent Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 13. PROPERTY LOSS City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. Contractor shall in no way nor under any circumstances be responsible for any property belonging to City, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged, unless the damage is caused by the Contractor's negligence. 14. PROVISIONS REGARDING AGE City and Contractor covenant that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in the performance of this Agreement shall, in connection with the employment, advancement, or discharge of employees, or 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. 15. NON- DISCRIMINATION City and Contractor, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its agents, employees, subcontractors or program participants to engage in such discrimination. This Agreement is made and entered into specifically with reference to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ( "Discrimination in Employment Practices "), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee - applicant has been discriminated against by Contractor, its agents, employees or subcontractors. 16. SEVERABILITY 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. 17. NO WAIVER The failure of City or Contractor 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 Contractor's right to assert or rely upon any such term or right on any future occasion. 18. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non - performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 19. COMPLIANCE WITH LAW Contractor, its officers, agents, 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 Contractor any such violation on the part of Contractor of any of its officers, agents, employees or subcontractors, then Contractor shall immediately desist from continuing and correct such violation to the City's satisfaction. 20. DISCLOSURE OF CONFLICTS Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services and proposed services with respect to the subject matter of this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing to the City of Fort Worth, Police Department, attention Program Support Division, 350 West Belknap, Fort Worth, Texas 76102 21. PROPRIETARY INFORMATION The City acknowledges that Contractor may use products, materials or methodologies proprietary to Contractor. The City agrees that Contractor's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Contractor understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the PIA. 22. CONFIDENTIALITY Contractor, for itself and its officers, agents and employees, 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. 23. MEDIA INQUIRES Contractor, its officers, agents and employees, shall not discuss services provided hereunder or any information related to any services performed hereunder with any member of the media without prior written approval of the City. 24. ENTIRE AGREEMENT This written instrument, including Exhibits A -B, constitutes the entire Agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 25. NOTICE PROVISIONS Notices to Contractor shall be deemed given when delivered in person to the Contractor, or on the next business day after the mailing of said notice addressed to said Contractor by United States mail, certified or registered mail, return receipt requested, and postage paid at 12432 Silvermist Trail, Burleson, Texas 76028. Notices to City shall be deemed given when delivered in person to the Assistant City Manager for Public Safety of the City, or the next business day after the mailing of said notice addressed to said Assistant City Manager for Public Safety of the City by United States mail, certified or registered mail, return receipt requested, and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102. [SIGNATURES APPEAR ON FOLLOWING PAGE] APPROVED FOR CITYM FORT WORTH: / 441e� W.hartes W. Daniels Assistant City Manager Date: 12. 29. // w G{/ J fi W. Halstead Z . Z?- Chief of Police APPROVED AS TO FORM AND LEGALITY: r-� Jessicoangsvang Assistant City Attorney Date: A EST: ,O"ZA- ity Secretary Date: 1Z- 30. 11 Nurse Name.: 1, () p u- ,t-�L Daniel Peel Register Nurse Date: etc 11 NO M &C RC(�UIRED M &CNo. Contract No.: C ` Y FT 14140RTH, -1. EXHIBIT A" NURSE'S RESPONSIBILITES CONTRACTOR NURSING PROCEDURES The Contractor is responsible for drawing blood and giving the specimen to the arresting officer for it to be put into the property room. The DWI Sergeant shall make determinations as to how many nurses are appropriate for the job. The nurse must arrive at the designated location at the time stated in writing by the Senior Contract Compliance Specialist. Prisoners are to be restrained in accordance with instructions provided by the City's Police Officers when inmates are received at the facility. The nurse will report any accidents to the DWI Sergeant, and will also works under the direction of the DWI Sergeant. If a nurse has any concerns, requests, or issues with a prisoner while under guard they should contact the DWI Sergeant for assistance. Contractor shall: • Work under the supervision of the DWI Sergeant • Possess a current registered nurse license with the State of Texas and provide copy to the City • Perform duties related to his /her license such as medical/legal blood draw • Perform these duties at the request of a police officer • Effectively address intoxicated, combative, or passive resistance subjects • Properly mark for identification and persevere blood evidence for court presentation • Be able to provide courtroom testimony that references the blood draw [THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] "EXHIBIT B" DUITES AND RESPONSIBILITY OF CITY FWPD Officer Procedure for Handlina Nurse Duties at The Police and Fire Training Academy The City will: • Provide the nurse with certain medical supplies needed to carry out the work outlined in this contract • Appoint the nurse with a direct supervisor • Transport and restrain the prisoner to and from the training academy • Follow all laws in regards to the arresting or detaining of people [END OF EXHIBITS]