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HomeMy WebLinkAbout064160 - General - Contract - Leon StephensPersonal Services Agreement Page 1 of 12 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 Assistant City Manager, and Leon Stephens, 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 further improve on the public safety initiatives created by the One Second Collaborative including minimizing arrests and incarceration, strengthening local communities and improvingrelationships between law enforcement and the communities it serves; WHEREAS,staff has worked with local agencies to implement 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 expansion of an intervention approach tailored specifically to the needs and desires of Fort Worth and its residents; WHEREAS, the expansion process will require working with key stakeholders in both the community and the pool of potential service providers inside and outside of government, interfacing with the community, identifying and prioritizing among available resources; 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; and WHEREAS, the City wishes to engage Consultant to assist in the implementation of an expanded 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: Personal Services Agreement Page 2 of 12 AGREEMENTS The Agreement documents shall include the following: 1.This Personal Services Agreement; and 2.Exhibit A – Scope of Services 3.Exhibit B – Request for Reimbursement (RFR) 4.Exhibit C – Schedule of Expenses 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 implementation of a violence intervention and reduction program tailored for the City of Fort Worth and its residents. Consultant will provide community liaison and outreach services and provide feedback regarding elements for the program. Exhibit “A,” - Scope of Services more specifically describes the services to be provided hereunder. 2. Term This Agreement shall be effective for services occurring between the date signed by the Assistant City Manager (“Effective Date”) and September 30, 2026, 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 $1,700.80 biweekly (every two weeks). 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 Structure of Payments/Invoicing The Consultant will submit invoices and Request for Reimbursement form on a biweekly (every two weeks) basis, with the first such invoice due no later than 5:00 PM Central time October 29, 2025 and subsequent invoices due every other Wednesday thereafter. Invoices shall be sent to: Keith Morris, Assistant Director Fort Worth Police Department 505 W. Felix Street, Fort Worth, Texas 76115 Keith.Morris@fortworthtexas.gov Personal Services Agreement Page 3 of 12 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 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. 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 $44,221.00 during the Initial Term. 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, Personal Services Agreement Page 4 of 12 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 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 Personal Services Agreement Page 5 of 12 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. 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. 8. 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, 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. 9. Liability and Indemnification 9.1 LIABILITY CONSULTANT SHALL BE LIABLE 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, 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. 9.2 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 Services Agreement Page 6 of 12 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. 10. Assignment and Subcontracting 10.1 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. 10.2 Subcontract As personal services, the duties of Consultant may not be subcontracted. 11. 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. 12. Non-Discrimination Covenant Consultant, for itself, its personal representatives, assigns, sub consultants 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. 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, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Personal Services Agreement Page 7 of 12 To CITY: City of Fort Worth Attn: William Johnson, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney’s Office at same address To CONSULTANT: Leon Stephens Community Outreach Worker 135 Rocking River Drive Fort Worth, TX 76120 14. 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. 15. 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. 16. 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. 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 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, restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively “Force Majeure Personal Services Agreement Page 8 of 12 Event”). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party’s performance, as soon as reasonably possible, as determined in the City’s discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 15 above. 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 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. 22. 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. 23. 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. 24. Counterparts and Electronic Signature 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. 25. Entirety of Agreement This Agreement, including Exhibits A and B 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. SIGNATURE PAGE TO FOLLOW Personal Services Agreement Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. ACCEPTED AND AGREED: CITY OF FORT WORTH By: _________________________________ William Johnson, Assistant City Manager Date: _________________ APPROVAL RECOMMENDED By: _________________________________ Name: Robert Alldredge Title: Executive Assistant Chief ATTEST By: _________________________________ Jannette Goodall, City Secretary 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. By: _________________________________ Name: Keith Morris Title: Police Assistant Director CONSULTANT By: _________________________________ Name: Leon Stephens Title: Community Outreach Worker APPROVED AS TO FORM AND LEGALITY By: _________________________________ Name: Jerris Mapes Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION M&C: N/A APPROVED: N/A Form 1295: N/A Personal Services Agreement Page 10 of 12 EXHIBIT A SCOPE OF SERVICES The City desires to work with others to implement the expansion of proactive, non-law- enforcement-based violence intervention program designed to bring together stakeholders in the community to identify and address underlying issues. Consultant will assist the City with the expansion of the program. Consultant will provide community liaison and outreach services and provide feedback regarding elements from programs provided in other communities in order to assist the City in designing a program tailored to meet the needs and desires of the City and its residents. The Consultant will provide the following services to the City: Responsibilities: Work to develop relationships with all key individuals that may contribute in the development of City-specific violence intervention program. Meet with representatives of the City on an as-needed basis to provide advice and guidance on proposals for non-law enforcement related programs to reduce violence within City of Fort Worth communities as directed by Program Outreach Lead. Assist in developing strategies to mediate disputes and conflicts between individuals and/or groups. Provide insight regarding ways to “short circuit” potential escalating-violence cycles with guidance on how to prevent retaliatory violence or escalation before it occurs. Collect and report data as requested by the City to inform program development and intervention efforts. Attend regular team meetings. Connect with additional resources from neighboring communities (e.g., gang mediation assistance) to get needed support, when necessary. Conduct outreach to the community to build strong relationships with youth, residents, businesses, and church, civic, and community groups. Inquire into underlying motives for shootings/killings to assist in mediating situations and preventing retaliation between individuals and groups (working with the community and outreach programs). Identify and diffuse "hot spots" for shootings and violence (conducting eyeball surveys with residents and community organizations to identify areas frequented by potential offenders) to determine where the program should be implemented at a future date. Submit all required documents/reports as directed. Report to and work under direction of Program Outreach Lead. All other duties agreed upon by Consultant and City. Personal Services Agreement Page 11 of 12 Personal Services Agreement Page 12 of 12 EXHIBIT C SCHEDULE OF EXPENSES INSTRUCTIONS: Request for Reimbursements (RFRs) should include time sheets and other documentation for expenses that coincide with the time periods outlined in expense schedule below. All timesheets must be validated by a supervisor and correspond with the following timelines. For Timesheets and expenses that occur RFRs are Due by 5 PM on 10/15/2025 - 10/28/2025 Wednesday, October 29, 2025 10/29/2025 - 11/11/2025 Wednesday, November 12, 2025 11/12/2025 - 11/25/2025 Wednesday, November 26, 2025 11/26/2025 - 12/9/2025 Wednesday, December 10, 2025 12/10/2025 - 12/23/2025 Wednesday, December 24, 2025 12/24/2025 - 1/6/2026 Wednesday, January 7, 2026 1/7/2026 - 1/20/2026 Wednesday, January 21, 2026 1/21/2026 – 2/3/2026 Wednesday, February 4, 2026 2/4/2026 - 2/17/2026 Wednesday, February 18, 2026 2/18/2026 - 3/3/2026 Wednesday, March 4, 2026 3/4/2026 - 3/17/2026 Wednesday, March 18, 2026 3/18/2026 - 3/31/2026 Wednesday, April 1, 2026 4/1/2026 - 4/14/2026 Wednesday, April 15, 2026 4/15/2026 – 4/28/2026 Wednesday, April 29, 2026 4/29/2026 – 5/12/2026 Wednesday, May 13, 2026 5/13/2026 – 5/26/2026 Wednesday, May 27, 2026 5/27/2026 – 6/9/2026 Wednesday, June 10, 2026 F�RT ��RTH�} City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Leon Stephens Subject of the Agreement: Consultant to provide services to "interrupY' or reduce gun and group violence as part of the City's strategy to combat violent crime and ensure public safety. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? XYes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: ACM Signature Date If�different from lhe approval dale. Expiration Date: 9/30/2026 If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processin� in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the infor7nation is required and if the information is nol provided, the contract will be returned to the department.