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HomeMy WebLinkAboutContract 56011 CSC No. 56011 PERSONAL SERVICES AGREEMENT This PERSONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Deputy City Manager, and RYAN LAWSON, an individual ("Consultant"), each individually referred to as a "party" and collectively referred to as the"parties." RECITALS WHEREAS,the City has a vested interest and desire to work with communities in the City of Fort Worth to improve relationships and work together to aid in the reduction of violence; WHEREAS, the City seeks to improve public safety, minimize arrests and incarceration, strengthen its local communities and improve relationships between law enforcement and the communities it serves; WHEREAS, staff has conducted research and identified a variety of intervention types and methods which complement law enforcement efforts to prevent violence by identifying and attempting to address underlying issues within the community; WHEREAS,the City desires to participate in the development of an intervention approach tailored specifically to the needs and desires of Fort Worth and its residents; WHEREAS,this service will include the development of process surrounding Police and Citizens engagement, responsibilities, expectations, procedures and resolutions. Plans include worksheets that allows Citizens and Law Enforcement to interact with one another during sessions. WHEREAS,Consultant is an individual with unique personal experiences,qualifications and ties to the local communities who has the insight and background necessary to bridge gaps between residents, law enforcement, and social service providers and to provide input and guidance to the City and other stakeholders as they work toward development of an intervention program; WHEREAS, Consultant seeks to accomplish the same goals as the City in reducing violence, strengthening local communities,and improving public safety; WHEREAS, the City wishes to engage Consultant to assist in the development and implementation of an intervention program tailored to Fort Worth and designed to improve relationships, meet community needs and goals, and communicate a united message of support and assistance to all members of the local communities,especially those most vulnerable to being impacted by violence. NOW, THEREFORE, for and in consideration of the mutual agreements stated herein, the parties agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Personal Services Agreement; and 2. Exhibit A—Scope of Services OFFICIAL RECORD CITY SECRETARY Personal Services Agreement FT. WORTH, TX The Exhibits,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of the Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Consultant will assist the City with the development of a violence intervention and reduction program tailored for the City of Fort Worth and its residents. Consultant will provide community liaison and outreach services and provide feedback regarding elements for the program. The City may ask Consultant to attend various training programs in order to evaluate them and provide feedback regarding which trainings Consultant believes would be most beneficial as part of a local program. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall be effective for services occurring between and including July 12, 2021 ("Effective Date") and July 11, 2022, unless terminated earlier in accordance with this Agreement("Initial Term"). 3. Consideration. 3.1 Fee As full and complete compensation for all services provided during the Initial Term,City shall pay Consultant a fee of$28/hr.bimonthly on the 1 s`and 15'h of the month between 12 minimum and 19 maximum hours per pay period plus expenses. If services are provided during a period of less than two weeks, such amount shall be prorated according to the number of days worked during the two week period as compared to ten work days. 3.2 Expenses and Allowances In addition to any fee due under 3.1, City shall (i) reimburse Consultant for his documented actual mileage based on the IRS business mileage rate in effect at the time of travel; (ii) reimburse Consultant for insurance in an amount equal to the lesser of(A) actual documented and paid expense or(B) $3,000.00 for the Initial Term; and (iii) pay a one-time computer allowance of$1,000.00. The total amount of all such reimbursements and allowances for Consultant shall not exceed$5,000.00 during the Initial Term. 3.3 Structure of Payments/Invoicing The Consultant will submit invoices on bimonthly on the 1 st and 15th of the month basis,with the first such invoice due no later than 5:00 PM central time on Friday, July 15, 2021. Invoices shall be sent to Nicole Garcia Fort Worth Police Department 505 W. Felix Street,Fort Worth,Texas 76115. Invoices are due and payable within 30 days of receipt. If an invoice is submitted late, payment may be delayed. In connection with his fee invoices, the Consultant shall provide the City with signed time sheets documenting the time spent on the services, which shall generally be sufficient documentation to substantiate invoices. If the City requires additional reasonable documentation,it shall request the Personal Services Agreement Page 2 of 12 same promptly after receiving the above-described information, and the Consultant shall provide such additional reasonable documentation to the extent the same is available. On full and final completion of the Services,Consultant shall submit a final invoice, and City shall pay any balance due within 30 days of receipt of such invoice. The computer allowance will be paid within fifteen(15)business days of the Effective Date, and Consultant shall generally limit use of the device to providing services. If Consultant requires connection to City computer networks,such use shall be in accordance with requirements imposed by the City's Information Technology Solutions (ITS) Department, including execution of a network access agreement if ITS requires. The Consultant will submit invoices for all reimbursable costs at the same time as his fee invoices. Reimbursement of mileage shall be paid on a bimonthly on the 1st and 15th of the month basis, and reimbursement of insurance costs shall be paid following documented expenditure. Copies of paid invoices for insurance must be submitted in connection with request for reimbursement. For any mileage reimbursement request, Consultant shall submit documentation showing the following information for all service-related driving during the pay period for which reimbursement is being requested: (A)start and end dates of the period;(B)dates on which driving in connection with the services occurred; (C) total miles driven in connection with services on each date; and (D) total miles driven in connection with services during the period. Reimbursement invoices are due and payable within 30 days of receipt. In the event of a disputed or contested billing, only the portion being contested will be withheld from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until the contest has been mutually resolved. For contested billings,the City shall make payment in full to Consultant within 60 days of the date the contested matter is resolved. If City fails to make such payment, Consultant may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of services, Consultant shall have no liability to City for delays or damages caused to City because of such suspension of services. 3.4 Maximum Contract Expenditure. The total amount paid to Consultant for fees plus reimbursable expenses shall not exceed$27,664.00 during the Initial Term. 3.5 Additional Costs. The City may,at its cost,provide supplies and promotional materials for use in connection with providing the services. In addition, the City may, at its option, send Consultant to attend and evaluate trainings for potential inclusion in the intervention program. Attendance at the training may require travel. City shall pay directly for costs of such training and associated travel, which amount shall not count toward the contract maximum in Section 3.4. If Consultant is required to attend such travel, City shall also pay Consultant a per diem for each day of travel,including departure and return date,with the amount of such per diem determined based on the IRS per diem rate for the destination City. The amount of such per diem will not count against the contract maximum in Section 3.4. Personal Services Agreement Page 3 of 12 4. Termination. 4.1. Written Notice. 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 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 City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of termination,and Consultant shall continue to provide City with services requested by 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 City with copies of all completed or partially completed documents prepared under this Agreement. In the event Consultant has received access to City Information (defined below) or data as a requirement to perform services hereunder, Consultant shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Consultant hereby warrants to 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 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 City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 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 Personal Services Agreement Page 4 of 12 corrupt City Information in any way. Consultant shall notify 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 City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Access to Restricted City Facilities and Information. In performing services under this Agreement, Consultant may need to access portions of the Bob Bolen Public Safety Training Center or other City facilities (the "Premises") that are restricted due to requirements associated with access to Criminal Justice Information Systems("CJIS").The parties acknowledge and understand that the Premises contains one or more areas where CJIS protected data is viewed, modified, and used. Furthermore, the parties acknowledge that federal and state law set forth the access requirements for CJIS protected data. In being granted access to the Premises, Consultant must be escorted at all times while on Premises by a City employee who has proper clearance and authorization to access CJIS protected data. Consultant shall sign in and out at the front desk of Premises upon entry and exit. Consultant shall carry a valid photo ID while on Premises. In addition to the extent Consultant requires access to CJIS-protected data,the parties agree to comply with all federal and state law requirements regarding access. 7. Ownership of Work Product. City shall not 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 not be the sole and exclusive owner of all copyright,patent, trademark,trade secret and other proprietary rights in and to the Work Product.Consultant reserves all rights to PCI, PSI and any documentation created with Consultant's program. Documents created by Consultant and City under this Agreement may be utilized by both parties. 8. Right to Audit. Consultant agrees that 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 right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Consultant involving transactions relating to this Agreement at no additional cost to City. Consultant agrees that 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. City shall give Consultant reasonable advance notice of intended audits. 9. Independent Contractor. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement,and not as agent,representative or employee of 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, contractors and subcontractors. Consultant acknowledges that the doctrine of respondent superior shall not apply as between City,its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, Personal Services Agreement Page 5 of 12 contractors, and subcontractors. 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 City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant,nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from 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. 10. Liability and Indemnification. 10.1 LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDINGDEATH, TOANYANDALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES, OR SEPARATE CONTRACTORS OR SUBCONTRACTORS. 10.2 GENERAL INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND 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) AND/OR 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, EMPLOYEES, OR SEPARATE CONTRACTORS OR SUBCONTRACTORS. 11. Assignment and Subcontracting. 11.1 Assignment. Consultant shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City.If City grants consent to an assignment, the assignee shall execute a written agreement with City and Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. Consultant and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the effective date of the assignment. 11.2 Subcontract. As personal services, the duties of Consultant may not be subcontracted. Personal Services Agreement Page 6 of 12 12. Insurance. Within ten (10)business days of the Effective Date, Consultant shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect in connection with providing services. Such certificates must be reviewed and approved prior to Consultant commencing any work pursuant to this Agreement: 12.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Consultant,its employees,agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. 12.2 General Requirements (a) The commercial general liability and automobile liability policies shall name 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) Any workers' compensation policy required or obtained in connection with the Consultant's services shall include a Waiver of Subrogation(Right of Recovery)in favor of City. (c) A minimum of thirty(30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten(10) days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth 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. Personal Services Agreement Page 7 of 12 (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Consultant has obtained all required insurance shall be delivered to the City prior to Consultant commencing services under this Agreement. 13. Compliance with Laws,Ordinances,Rules and Regulations. Consultant agrees that in the performance of its obligations hereunder, it shall 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 City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 14. Non-Discrimination Covenant. Consultant,for itself,its personal representatives, assigns, subconsultants 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 ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONSULTANT, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONSULTANTS OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 15. 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, or(2)received by the other party by United States Mail,registered, return receipt requested, addressed as follows: To CITY: To CONSULTANT: City of Fort Worth Ryan Lawson Attn: Jesus J. Chapa,Deputy City Manager 6720 Trail Cliff Way 200 Texas Street Fort Worth,TX 76132 Fort Worth,TX 76102-6314 (817)800-9626 With copy to Fort Worth City Attorney's Office at same address 16. Solicitation of Employees. Neither City nor Consultant shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the other party. Notwithstanding the foregoing, this provision shall not apply to an employee who responds to a general solicitation of advertisement of employment by either party. Personal Services Agreement Page 8 of 12 17. Governmental Powers. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 18. No Waiver. The failure of 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 City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. Governine 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. 20. 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. 21. Force Maieure. 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, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. 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. 23. Review of Counsel. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits. 24. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 25. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. Personal Services Agreement Page 9 of 12 26. Entirety of Agreement. This Agreement,including Exhibits A,B and C,contains the entire understanding and agreement between 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. Signatures of Following Page Personal Services Agreement Page 10 of 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONSU TANT: By: Jesus J.Chapa(JuI13,202121:03CDT) By: r Name: Jesus J. Chapa, Name: Ryan L on Title: Deputy City Manager Title: Owner D APPROVAL RECOMMENDED: NeW NaWrel By: Neil Noakes(Jul 13,202118:26 CDT) Name:Neil Noakes Title: Chief of Police .dam FDRT �� ATTEST: ti 09� ° 0 By: 7*� 00 �yName: Ronald P. Gonzales ���� °°°°°°°°°° �`� Title: Acting City Secretary ���EXe4a� CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. fCe�i CC����arid By: Kelly Cleveland(Jul 13,202113:39 CDT) Name: Sasha Kane Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: AW— By: To kin(Jul 13,202113:16 CDT) Name: Nico Arias Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A OFFICIAL RECORD CITY SECRETARY Personal Services Agreement FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Lesson Plans—PCI(Police Citizen Interaction)with Law Enforcement personnel,and various police groups(Ministers Against Crime,Clergy and Police Alliance,Youth groups from various organizations, and participants)in conjunction with Community Safety Partnership team. Instructor: Ryan Lawson Contractor will provide training and instruction to various groups. In the training session Contractor will provide educational training,literature,and work sheets to participants. The lesson plans will include discussions surrounding Police and Citizens engagement, responsibilities, expectations,procedures,and resolutions.Plans include worksheets that allows Citizens and Law Enforcement to interact with one another during sessions.Lesson plans will also include objectives and goals each class. Class will include lunch breaks on attendees own. Contractor will provide all materials necessary for each session SUMMARY Session I-Will be an Introduction to PCI(Police Citizen Interaction).Citizens and Police both will take surveys about interaction between citizens and law enforcement and both will leam about rights, responsibilities and procedures. Additionally,will be focused on Traffic Stops and Detainments. Officers and Citizens will have guided discussion on the differences between Traffic Stops and Detainments and will compile a list to compare and consolidate what constitutes a Traffic Stop versus Detainment. Session-2-Will be focused on assessing Traffic Stops and Detainments. Officers and citizens will collaborate on different scenarios on of what went right or wrong during stops. In addition,will focus on Complaints. PCI will teach and give Citizens information on how,when,and where to file complaints using the FWPD online resources. Instructor will be paired with FWPD Officers when teaching these sessions. LOCATION: Bob Bolen Public Safety Complex and various community locations Personal Services Agreement Page 12 of 12