HomeMy WebLinkAboutContract 45571 CiTY SECRETAW
MmaM 4
CONTRACT N0191
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY of FORT WORTH (the "City"), a home rule municipal corporation
situated in portions of Tarrant, .Denton and Wise Counties, Texas, acting by and through Charles
Daniels, its duly authorized Assistant Cif Manager, and Alan Munoz Jr., (the `Consultant" or
"Contractor"), a private individual.
CONTRACT OCUNE TS
The Contract documents shall include the following:
1. This Agreement for Professional, Services
2. Exhibit A—Statement of Work plus any amendments to the Statement of Work
. Exhibit B—Payment Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents,, the terms and conditions of this Professional
Services Agreement shall control.
The term `Consultant" or Contractor" shall include the Consultant or Contractor, and its officers,
agents, employees, representatives, servants, contractors or subcontractors..
The to City" shall include its officers, employees, agents, and representatives..
L. SCOPE of SERVICES.
Consultant hereby agrees to provide the City with professional consulting services for the
purpose of evaluating the City's plan to operate a. City Jail and providing requested analysis. Attached
hereto and incorporated for all purposes incident to this Agreement is Exhibit "A.," Statement of
Work, more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall commence upon the date that both the City and Consultant have executed
this Agreement ("Effective Date") and shall continue in full force and effect for thirty(3 0)days. " nittal
Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following the
:initial Term, this Agreement may not be renewed.
CO ENSA' ION.
The City shall pay Consultant an amount not to, exceed $9,+ 95.00 in accordance with the
provisions of this Agreement and the Payment Schedule attached as Exhibit "B,," which is incorporated
for all purposes herein. Consultant shall not perform any ad'ditiona'l services for the City not specified by
this Agreement unless the City requests, and approves in writing, the additional costs for such services.
The City shall not be liable for any additional expenses of Consultant not specified by this Agreement
unless the City first approves such expenses in writing.
yuaiuwiu„uriuusarrmaom. wrwnuiirm«t§amtsiuunxcvrvbnaniuiwmwuonu;rirwlu��iwnmmuuu!wvewnariiw;wY;iwm'?mfircrrturvawwl°.
Professional .Services Agee ncnt
OFFICIAL RECORD
1�
Adan Munoz, Jr. CITY, ��� E I R t of 16
� fir,tiP
WOR fit X l�
REC ED
y
209
m�'I'!X0.1'W:wW,V!4WWW,W !u'17uluItiNNMWMmMVOomooumof7i!NMDIDiIDIloiowimiwiW«New!Uw !uupii�D'JNWII�INIOM@d
4. TERMINATION.
4.1. Co' nvenience., The City or Consultant may terminate this Agreement at any time and for
any reason by providing the other partywith 3 0 days' 'written notice of termination.
4.2 Non-at)orooriation of Funds. In the event no funds or insufficient funds are
appropriated by the City in any fiscal period for any payments due hereunder, City will notify
Consultant of such occurrence and this, Agreement shall terminate on the last day of the fiscal period for
which appropriations were received without penalty or expense to the City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for-which funds have been appropriated.
4.3 Breach. Subject to Section 29 herein, either party may terminate this Agreement for
breach of duty, obligation or warranty upon exhaustion of all remedies set forth M* Section 29.
4.4 Duties and Ob,ligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, the City shall pay Consultant for, services, actually rendered up to the
effective date of termination and Consultant shall continue to provide the City with services, requested
by the City and in accordance with this Agreement up to the effective date of tern m' ation. Upon
termination of this Agreement for any reason, Consultant shall provide the City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Consultant has
received access to City information or data as a requirement to perform services hereunder,, Consultant
shall return all City provided data to the City in a machine readable format or other format deemed
acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENT LAL PiFORMATION.,
5.l Disclosure of Conflicts. Consultant hereby warrants, to the City that Consultant has
made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's
services under this Agreement. In the event that any conflicts,of interest arise after the Effective Date of
this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents, and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party Without the prior written approval of the City,
5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure
manner and shall, not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
,Consultant shall, in good faith, use all commercially reasonable effifts, to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall ffilly cooperate with
the City to protect such information frorn further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until, the expiration of three (31) 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 of the consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal 'working hours to all necessary
Professional Services Agreement
Adan Munoz,Jr. Page 2 of 1.6
Consultant facilities and shall be provided adequate, and appropriate work space � order to conduct
audits in compliance with the provisions of this section. The City shall give Consultant reasonable
advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agTeernents, hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years:
have access to and the right to examine at reasonable times any directly pertinent books,, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and farther
that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to, conduct audits in compliance with the
provisions of this paragraph.. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an 4idependent contractor
as to all rights and privileges and work performed under this agreement, and not as agent, representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and ornissions, of its officers, agents, servants,
employees, contractors and subcontractors. Consultant acknowledges, that the doctrine of respondeat
superior shall not apply as between the 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 the 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 the City. Consultant shall be responsible
and liable for any and all payment and reporting of taxes on behalf o: itself, and any of its officers,
agents, servants, employees or subcontractors.
8. LIABILITY AND EN-DEMNI-FICATION.,
A. L"BMITY - CONSULTANT SHALL BE LIABLE, A" RESPONSIBLE FOR A-NY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INKRY, 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 OR E-NWLOYEES.
B. INDEMNUICATION - CONSULTANT HEREBY COVENANTS AND AG RE ES, TO
INDENINI[FY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS: OF ANY KINI) OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS JCL I G ALL DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL
INJURY, INCLUDING DEATH, TO, ANY AND ALL PERSONS, ARISING OUT OF OR 1[N
CONNECTION WITH THIS AGREE NT, TO TIM EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS
OFFICERS,,AGENTS, SERVANTS OR EMPLOYEES.
Professional Services Agreement
Ada. Munoz,Jr. Page 3 of 16
C. COPYRIGHT M'IUNGENIENT - Consultant agrees to defend, settle, or pay, at its own cost
and expense, any claim or action against the City for infringement of any patent, copyright, trade
secret, or similar property right arising from City's use of the software and/or documentation in
accordance with this agreement. Cons,ultant shall have the sole right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or
compromise any such claim, and City agrees to cooperate with it in doing so. City agrees to give
Consultant timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto. If the software and/or documentation or any part thereof is held to
infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise,such use is materially adversely restricted, Consultant shall,at its own expense and as
I s sole remedy, either: (a) procure for City the right to continue to use the software and/or
documentation; or (b) modify the software and/or documentation to make it non-infringing,
provided that such modification does not materially adversely affect Clity's,authorized use of the
software and/or documentation*, or (c) replace the software and/or documentation with equally
I
suitable, compatible, and functionally equivalent non-infringing software and/or documentation at
ul
no additional charge to City;, or (d) if none of the foregoing alternatives is reasonably available to
Consultant, terminate this agreement and refund to City the payments actually made to
Consultant under this agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this,
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Consultant under which the assignee!
agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant
and Assignee shall be jointly liable for all obligations of the Consultant under this Agreement prior to
the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor shall
execute a written agreement with the Consultant referencing this Agreement under which the
subcontractor shall agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully
executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting policies, of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement,
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$27000,000 Aggregate
(b) Professional Liability (Errors & Omissions)
$1,0001,,000 Each Claim Limit
$1 000,000 Aggregate Limit
Professional Services Agreement
Adan Munoz, Jr. Pagae 4 of 16
Coverage shall be claims made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. A_n annual certificate of insurance shall be submitted to the City to
evidence coverage.,
10.2 General Recuirements
(a) The commercial general liability and automobile liability p,ol,icies shall name the City as an
additional insured thereon, as its interests, may appear. The to City shall include its
employees, officers, officials, agents, and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in
favor of the City of Fort Worth.
(c) A minimum of Thirty (30) days notice of cancellation or reduction in limits, of coverage shall be
provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of
premium,. Notice shall be sent to the Risk Manager, City of Foil Worth, 1000 Throckmorton,
Fort Worth, Texas 76 102, with copies to the City Atto�mey at the same address.
(d) The insurers for all policies, must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval, of Risk Management is
required.
(e y failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(0 Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall
be delivered to the City prior to Consultant proceeding with any work pursuant to this
Agreement.
11. COMPLIANCE WITH LAWS, 0.RDLNANCES_,RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it will comply with all
applicable federa.l., state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this agreement will also comply with all applicable federal, state and local, laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws,
ordinances, rules or regulations., Consultant shall immediately desist from wi,d correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest., as part of the consideration herein, agrees that in the performance of Consultant's duties and
obligations hereunder', it shall not discriminate in the treatment or employment of any individual or group,
of individuals on any basis prohiblited by law, If any claim arises from an alleged violation of this non-
discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors
in interest,, Consultant agrees to assume such liability and to indemnify and defend the City and hold the
City harmless,from such claim.
Professional Services Agreement
Ad an Munoz,Jr. Page 5 of 16.
13. NOTICES.
Notices required pursuant to the provisions of this Agreernent 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:
City of Fort Worth .dan Munoz, Jr.
Attn: Joseph J. Kornisarz 1480 Cabelas Drive, #217
350, W. Belknap Buda., Texas, 7" 86 10
Fort Worth TX 76102 Phone: 361.728.4396
Phone.- 817.392.42,89
With Copy to.-
City Attorney
1000 Throckmorton
Fort•Worth, Texas 76102
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the to of this
agreement, without the prior written consent of the person's employer. Notwi th stand i ng the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS4MMUNITIFES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its goverwriental powers or immunities.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VETWE.
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.
Professional Services Agreenient
Adan Munoz, Jr. Page 6 of 16
SEVIERABMITY.
If any provision of this Agreement is held to be Invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions ons shall not in any way be affected or irnpaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties, and
obligations as set forth in this Agreement, but shall, not be held liable for any delay or omission in
perforinance due to force majeure or other causes beyond their reasonable control, Including, but not
limited to, compliance with any goverment law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters,, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other si-milar causes.
20. HEADINGS NOT CONTROLLMG,
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. RIEVICEW OF COUNSEL
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits, hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTMETY OF AGREEM[ENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counter-part shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WA.R-RA-NTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) (lays from the date that the services are completed. In such event, at Consultant's option, Consultant
Professional Services Agreement
Adan Munoz, Jr. Page 7 of 16
shall either (a) use commercially reasonable efforts to re-perform, the services in a manner that conforms
with the walTanty, or(b)refund the fees paid by the City to Consultant for the nonconforming services.
26. EqNfIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Irmigration & Nationality Act (INA) which
includes, provisions addressing employment eligibility, employment verification, and nondiscrimination.
Consultant shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all, supporting employment eligibility and identity documentation for all employees, and
upon request,, provide City with copies, of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures,
and controls, so that no services Will be performed by any employee who is not legally eligible to perform,
such services. Consultant shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Consultant shall indemnify City from any penalties
or liabilities due, to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim,
dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that
arises under this Agreement,, the parties shall first attempt to resolve the matter through this dispute
resolution process. The disputing party shall notify the other party in writing as soon as practicable after
discovering the claim,dispute, or breach. The-notice shall state the:nature of the dispute and list the party's
specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall
commence the resolution process and make a good faith effort, either through email, mail, phone
conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other
matter in question that may arise out of, or in connection with this AgTeement. If the parties fail to resolve
the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may
submit the matter to non-binding mediation in Tarrant County, Texas, upon written consent of authorized
representatives of both parties in accordance with the Industry A-rbitration Rules of the American
A-rbitration Association or other applicable rules governing mediation then in effect. The mediator shall be
agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees
however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the
dispute through mediation, then either party shall have the right to exercise any and all remedies available
under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a,
dispute in accordance with this informal dispute resolution process, the parties agree to continue without
delay all of their respective duties and obligations under, this Agreement not affected by the dispute.
Either party may, before or daring the exercise of the informal dispute resolution process set forth herein,
apply to a court having Jurisdiction for a temporary restraining order or preliminary injunction where
such relief is necessary to protect its interests.
2,18'. RIEPORTING,RE IRIEMENTS
For purposes of this section, the words below shall have the following meaning:
Child shall mean a person,under the age of 18 years of age.
Professional Services Agreement
Adan Munoz, Jr. Page 8 of 16
Child pornography means an image of a child engaging in sexual conduct or sexual performance as
defined by Section 43.25 of the Texas Penal Code.
Comptiter means an electronic, magnetic, optical, electrochernical, or other high-speed, data processing
device that performs logical, arithmetic or memory functions by the manipulations of electronic or
magnetic impulses and includes all input, output, processing, storage, or communication facilities that are
connected or related to the device.
Computer technician means an individual who, in the course and scope of employment or business,
installs, repairs, or otherwise services a computer for a fee. This shall include installation of software,
hardware, and maintenance services.
If Consultant meets the definition Of Computer Technician as defined herein, and while providing
services pursuant to this Agreement, views an image on a computer that is or appears to be child
pornography, Consultant shall immediately report the discovery of the image to the City and to a local or
state law enforcement agency or the Clyber Tip Line at the National Center for Missing and Exploited
Children. The report must include the name and address of the owner or person claiming a right to
possession of the computer, if known, and as permitted by law. Failure by Consultant to make the report
required herein may result in criminal and/or civil penalties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 4,coo day
of April, 2014.
ACCEPTED AIND AGREED-.
CITY OF FORT WORTH, CONS ULTAN
K,
By:_ By.
Marles W. Daniels Adan Munoz, Jr.
Assistant Cit)/ Manager
Date: 475l oz'o 14-1
ATTEST.-I
By
APPROVAL RECOMMENDED,.
tv"
By-
Jeffrey W. Halstead
Chief of Police
el
Date:
wr
Professional Services Agreement
Adan Munoz, Jr., Page 9 of 16
r �
APPROVED AS TO FORM ANID LEGALITY:
By
' ann Guzman
Assistant City Attomey
0 �
m
w.
000'' i
ATTEST:
r
By.--
rya
City Bed's
CONTRACT AUTHORIZATION:
&C None Required
Date Approved.
r fi�PmM'uw�'U��vMN7�✓''d�G'N�'�PAHiNNN!V'N�'W�+*''IR+l7�flft"��N'ePaWY!'W�4!',W
li
1 0C,
01 I ifs ;` JI�I�� u��ll�o� �_ AM!"t1f,
1 yaNl�lis r� ,O
TX
lu�����nmNi�4�oiuro�umW�y,���m�oiou�mNmmd��v�w�wWwrfi�rr�+w�m�aauww�wu��wwNrafiuwmi�n!rr�� �u�ww�w�wio�ni�oo��oo����m�u�moimmoim�wi��m
Professional Services greemen.
Ad an Munoz,Jr. Rage 10 of 1
EXHIBIT A
STATEMENT OF WORK
The consultant shall:
1. Be thoroughly familiar with 'the operational standards for ails set forth by the Texas
Coy Fission on Jail Standards,.
2. Review the draft concept of operations for the proposed Fort Worth City operated jail.
3. Use the following functional standards categories set forth by the Texas Commission on
Jail Standards (Texas Administrative Code Title 37, Part 9) to evaluate the plan for
operating the Cityjail:
a. Life Safety Rules
b. Admission
c. Release
d. Records, and Procedures
e. Classification and Separation of Inmates
f. Health Services
g. Supervision of Inmates,
h,. Clothing, Personal Hygiene and Bedding
1. Sanitation
j. Food Service
k. Discipline and Grievances
1. Recreation and Exercise
m. Education and Rehabilitation, Programs
n. Work Assignnients,
o. Services and Activities
p. Compliance and I i Lnforcernent
q. Variance Procedure Rules,
4. For each, functional standard category, consultant will indicate whether the City's plan-.
a. Complies with required standard
b. Does not compily with required standard
c. Is not required to rneet the standard
S. For each functional area where the ptan does, not meet standards, consultant shall provide
rationale for that determination and further describe actions required by the City to bring,
that functional area into compliance.
Professional Services Agreement
Adan Munoz,Jr. Page I I of 16
4:�
6. For each functional area where the plan does not address a particular standard that should
be included, consultant shall point that out and further describe actions required by the
City to incorporate that functional area into the plan in such a way to meet standards.
7. Provide a list of vendors that could be used for notification purposes in the Request for
proposal process that may be able to provide both in-full or partial services including
correctional services and general set-vices that are deemed necessary as set forth based on
Texas Con mission on Jail Standards for each required function.
8. Obtain feedback from the Texas Commission on Jail Standards as needed, and include
details regarding any feedback, outcomes or determinations within the report.
9. The deliverable will be a written report presented to Police Department Capital Project
Planning Manager no later than May 7, 2014.
Professional Services Agreement
Ad an Munoz, Jr. Page 1.2 of 16
EXHIBIT B,
PAYMENT SCHEDULE
Compensation will be paid at the rate of$115.00 for each our worked, not to exceed 80 hours.
Consultant is solely responsible within this hourly rate for any and all necessary travel, lodging,
per them and/or any other incidental expenses related to this project.
Consultant and the City will communicate on a daily basis, regarding hours worked, progress to
date and projected completion date.
Consultant will be paid, only after final report is received by City.
Consultant and City will agree on number of hours worked to establish total fee City will pay to
I
consultant. In no case will total fees exceed $9,095.00:
Professional Services Agreement
Alan Munoz, Jr, Page 1,3 of 16
THIS PAGE INTENTIONALLY BLANK
Professional Services Agreement
Ad,an Munoz, Jr. Page 14 of 16
THIS PAGE INTENTIONALLY BLANK
Professional Services Agreement
Adan Munoz,Jr. Page 15 of'16
THIS PAGE INTENTIONALLY BLANK
6Professional Services Agreement
Adan Munoz,Jr. Page 16 of 16