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HomeMy WebLinkAboutItem 13 - Off-Duty Law EnforcementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL i FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MARCH 19, 2002 SUBJECT: CONTRACT WITH U. S. ARMY CORPS OF ENGINEERS FOR OFF-DUTY LAW ENFORCEMENT RECOMMENDATION: City Council to consider authorizing the City Manager and the Chief of Police to enter into a contract with the U. S. Army Corps of Engineers for off-duty law enforcement. FUNDING SOURCE: Account: 100-33200-000-0, Federal Grant, Lake Patrol - Amount $ 38,697.60 BACKGROUND INFORMATION: For the past 16 years, the U. S. Army Corps of Engineers has contracted with the City of Grapevine for off-duty officers to patrol those areas of the lake not leased by the City. This contract is 100% funded by the U. S. Army Corps of Engineers for six months (April through September) each year during peak use of the lake within our city limits. This contract is for three days per week (Friday, Saturday and Sunday) and holidays at 12 hours per day. The only exception is the month of April, which will include Saturdays and Sundays only. Staff recommends approval. RDW/clt March 12, 2002 (1:46PM) DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS GRAPEVINE PROJECT OFFICE 110 FAIRWAY DRIVE GRAPEVINE, TEXAS 76051-3495 February 22, 2002 Grapevine Police Department 307 W. Dallas Road Grapevine, Texas 76051 Dear Chief Wilkins, The enclosed Cooperative Agreement for Additional Law Enforcement Services, Tarrant County, Grapevine Lake, Texas initiates an Agreement No. COOPLAW-02-GRAPE between the City of Grapevine and the U.S. Army Corps of Engineers. This agreement is for the provision of additional law enforcement services from 14 April 2002 to 15 September 2002 for a sum not to exceed $38,697.60. If the agreement is satisfactory, please sign both copies keeping one for your records, and returning the other to the U.S. Army Corps of Engineers office at Grapevine Lake. Sincerely, Doug Cox Operations Manager Elm Fork Project Lewisville/Ray Roberts/Grapevine Lakes Enclosure CF: CESWF-OD-M CESWF-RM 60513 A00061 W45XMA20524861 $38697.60 RESUME OF NEGOTIATIONS PROPOSED LAW ENFORCEMENT SERVICES AGREEMENT NO. COOPLAW-02GRAPE CITY OF GRAPEVINE In January 2002, Lake Manager Lee Hunt spoke with Grapevine Police Department Administrative Manager, Connie Traweek, regarding the 2002 Cooperative Law Enforcement Agreement. Ms. Traweek provided Mr. Hunt with the hourly wage rate for 2002 which is as follows: Labor/Man Hour $36.84 Vehicle/Man Hour $2.65 Overhead $.77 Total $40.31 These figures were found to be within the wage rate requirements issued for this contract. The proposed cost for 960 hours at the rate of $40.31 is $38,697.60. This schedule and cost is considered to be fair and reasonable to both parties involved in the proposed law enforcement agreement. Approval of this is recommended. C' Douglas L.- 'Cox Date ADaleilkins Date Operations Manager Chief of Police Elm Fork Project Lewisville/Ray Roberts/Grapevine Lakes COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND GRAPEVINE, TEXAS FOR THE PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES (Agreement No. COOPLAW-02GRAPE) This agreement, entered into by the U.S. Army Corps of Engineers, Fort Worth District (hereinafter referred to as the Corps) and the city of Grapevine, Texas (hereinafter referred to as the Cooperator), witnesseth that: WHEREAS, the construction of Grapevine Lake (hereinafter called the "Project") was authorized by the River and Harbor Act, Public Law 14, 79th Congress, First Session, approved 2 March 1945, and the provision of recreation resources in Tarrant County was authorized by Section 4 of the Flood Control Act approved 22 December 1944 (Public Law 534, 78th Congress, Second Session); and WHEREAS, it is the responsibility of the Corps, in administering the Project lands, to provide the public with safe and healthful recreational opportunities; and WHEREAS, the Cooperator has the authority to enforce the state and local laws for the City of Grapevine on such lands, and WHEREAS, Section 120 of the Water Resources Development Act of 1976 (Public Law 94-587) authorizes the Corps to contract with states and their political subdivisions for the purpose of obtaining increased law enforcement services on project lands to meet needs during peak visitation periods; and WHEREAS, it is in the best interests of the Corps to obtain the assistance of the Cooperator in the enforcement of state and local laws on project lands. NOW, THEREFORE, the parties hereto mutually agree as follows: Article 1. Plan of Operation. (a) The Corps and the Cooperator have agreed to a Plan of Operation which describes the scope and extent of law enforcement services to be provided by the Cooperator in accordance with this agreement. Such Plan of Operation, as concurred in by the Cooperator, is attached hereto as Appendix A and made a part hereof. (b) It is recognized and understood that the Corps and the Cooperator may, at the request of either, renegotiate the Plan of Operation. The renegotiated Plan of Operation shall, upon written acceptance thereof by both parties, supersede Appendix A. Article 2. obligations of the Cooperator. (a) The Cooperator agrees to furnish additional law enforcement services as follows: (1) Normal, emergency, or unanticipated enforcement of civil and criminal laws of the state and local jurisdiction on Project lands and waters without claim for reimbursement under this agreement. This agreement does not diminish or otherwise limit the existing law enforcement responsibilities of state or local law enforcement agencies. (2) The enforcement of the civil and criminal laws of the state and applicable local laws on project lands in accordance with the schedules and duties described in the Plan of Operation, with payment by the Corps in accordance with Article 3 of this agreement. (b) The Cooperator agrees to provide personnel, equipment, and supplies which are required in order to provide the law enforcement services requested by the Corps in accordance with subparagraph (a) above. (c) The Cooperator agrees to prepare a Daily Enforcement Log of a format provided or approved by the Corps and to submit this log to the Corps at least once a month throughout the effective period of the current Plan of Operation. (d) The Cooperator agrees to assign only those personnel who are qualified and trained pursuant to the requirements of state and local laws and regulations to undertake the law enforcement services to be provided under Article 2(a)(2)• Where state and local standards for the qualifications of law enforcement personnel do not exist, the Cooperator will advise the Corps of the experience, qualifications and training of those personnel expected to be assigned law enforcement duties under this agreement and assign such duties to them only with the approval of the Corps. Article 3. Obligation of the Government. Subject to the availability of funds, the Corps agrees to pay the Cooperator for the total cost of the law enforcement services to be provided in accordance with the obligations agreed to be undertaken by the Cooperator in Article 2(a)(2), including the costs of operation and maintenance of such equipment as is required for the provision of such services identified in the Plan of operation under Article 1. At the request of the Cooperator, partial payments may be made as the law enforcement services are performed based on billings as identified in the Plan of Operation under Article 1 and approved by the Corps. Article 4. Period of Services. The period of this agreement shall be from the date of execution until terminated by mutual agreement, or on written notice from either party to the other, as set forth in Articles 6 and 10. Article S. Disputes (Dec. 1991)FAR 52.233-0001. (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A Voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting officer. (2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that - (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable. (3) (i) If the Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by - (A) A senior company official in charge at the contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) At the time a claim by the Contractor is submitted to the Contracting officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternated dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph (d)(2) of this clause, and executed in accordance with paragraph (d)(3) of this clause. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date the contracting officer receives the claim (properly certified if required), of (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -moth period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. Article 6. Default. In the event that either party to this agreement fails other party may this agreement. notice of either to meet any of its obligations hereunder, the immediately terminate the whole or any part of Such termination shall be effected by written party to the other. Article 7. Exclusion of Federal Employee Benefits. It is understood and agreed that the services to be provided by the Cooperator and its employees shall not be considered to fall within the scope of Federal employment, that the Cooperator and its employees shall not be considered as agents or employees of the Federal government, and that none of the benefits of Federal employment will be conferred under the terms of this agreement. Article 8. Release of Claims. The Cooperator agrees to hold and save the Corps, its officers, agents or employees, harmless from liability of any nature or kind, for or on account of any claims for damages that may arise during the performance of the law enforcement services by the Cooperator under this agreement. Article 9. Transfer or Assignment. The Cooperator shall not transfer or assign this agreement, nor any rights acquired thereunder, nor grant any interest, privilege, or license whatsoever in connection with this agreement without the approval of the Corps. Article 10. Termination for Convenience. The Corps or Cooperator may, on 30 days written notice, terminate this agreement, in whole or in part, when it is in the best interests of either party. If this agreement is so terminated, the Corps shall be liable only for payment in accordance with the payment provisions of this agreement for services rendered prior to the effective date of termination. Article 11. Equal Opportunity (Apr. 1984)FAR 52.222-0026. (a) If, during any 12 -month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (S) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and order of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive order 11246, as amended, and nd by the rules, regulations , and orders of the Secretary of Labor. Standard Form 100 (EEO -1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. 4 (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not excepted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and condition, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. Article 12. Gratuities (Apr.1984)FAR 52.203-0003). (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative - (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled - (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Article 13. Examination of Records by Comptroller General. The Cooperator agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this agreement or such less time specified in Appendix M of the Defense Acquisition Regulation have access to and the right to examine any directly pertinent books, documents, papers, and records of the Cooperator involving transactions related to this agreement. Article 14. Audit by Department of Defense. Upon request, the Cooperator shall provide, and the Corps shall have the right to examine, books, records, documents, and other evidence of accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this agreement. Article 15. Service Contract Act of 1965 (As Amended) (May 1989) FAR 52.222-0041. (a) This cooperative agreement is subject to the following provisions and all other provisions of the Service Contract Act of 1965, as amended. Each service employee employed in the performance of this contract shall be paid not less than the prevailing wage rates and fringe benefits of the cooperator for the locale in which the work is being performed. (b) Records. The cooperator and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division Employment Standards Administration, a record of the following for each employee subject to the Act: (1) Name and address and social security number; (2) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (3) Daily and weekly hours worked by each employee; and (4) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. Article 16. Any changes in the provisions of this agreement which are necessary and proper will be made by formal amendment signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first written above. U.S. ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT BY: Dwight Quarles Chief, Operations Division as THE CITY OF GRAPEVINE Roger Nelson City Manager APPENDIX A PLAN OF OPERATION 1. Scope of Work- The cooperator agrees to provide law enforcement services for that part of Grapevine Lake Project lying within the limits of the City of Grapevine, Texas, for the purpose of enforcement of State and local criminal and civil laws. 2. Surveillance Areas- Standard surveillance will include vehicular patrol by the cooperator of all interior roads, shoreline accesses, and lake waters of all U.S. Government property (excluding city lease areas and Rockledge Park) within the city limits of the City of Grapevine. In addition, the following designated and developed recreation areas will be included in the patrol area: (a). Silver Lake Park (except the Golf Course lease area and the Silverlake Day Use Area located off of Fairway Drive, which is colloquially known as "Silverlake By the Dam" and is now leased to Marinas International) (b). Oak Grove Park (except the City of Grapevine lease area) (c ). Meadowmere Park (except the City of Grapevine lease area). 3. Reimbursable Services - (a) Reimbursement for law enforcement services shall be limited to designated surveillance areas which is to patrolled: including time of day, number of hours per day, number of days per week, number of patrols, and effective starting and ending date as designated in Appendix B - Patrol Schedule. The schedule includes a one-half hour lunch break, which is not to be paid through this contract. At least eight (8) non -routine patrols will be performed at each park location. (b). The cooperator agrees to provide reimbursable law enforcement services in the areas described in Paragraph 2, during the time period described in Appendix B, between the effective dates of 14 April 2002 and 15 September 2002, or the first scheduled day after the approval of this cooperative agreement, whichever is later, and not to exceed a total of 960 man-hours. NOTE: Deviations from the above schedule may be required to allow for special situations that may arise during the agreement period. Any deviations shall be mutually agreed upon in advance by both parties to this agreement, and in no event will the total man-hours specified in the agreement be exceeded. (c). Law enforcement services to be performed during routine patrols shall include, but are not limited to the following: (1). Control traffic by means of visual observation and the use of electronic radar units as needed. (2). Inform park users of federal, state, and local laws and regulations through personal contacts. (3). At discretion of the officer, cite or arrest violators committing applicable offenses. 4. Non-Reimbursable Services- State and local law enforcement agencies generally have the same authority and responsibilities on Corps administered lands and waters as they do elsewhere oirii in their respective jurisdictions. The city agrees to dispatch a police unit or units, within their manpower capabilities for unforeseen or emergency situations. Therefore, requests by the District Commander or his Authorized Representative, for emergency or unanticipated law enforcement assistance will be considered non-reimbursable. 5. Orientation- An appropriate orientation for all field officers and administrative law enforcement personnel shall be conducted at a site to be determined by the Lake Manager, to familiarize the cooperator with policies and procedures of the Corps, and to familiarize Corps personnel with function and duties of the local law enforcement contracting agency. 6. Patrol Schedule- Unless otherwise directed by the Lake Manager, personnel shall be distributed as shown in Appendix B. NOTE: Names of Officer's scheduled to patrol will be furnished by the cooperator to the Reservoir Manager on a monthly basis. This schedule should be submitted one week prior to the first of each month. The officers assigned to this cooperative agreement must work specified hours and not deviate from the cooperative agreement to answer routine call within the City. 7. Daily Law Enforcement Log- The cooperator will prepare a Daily Law Enforcement Log and turn it into their police supervisor at the close of each shift. The completed daily logs will be submitted at the close of each week to the Corps of Engineers representative identified in this agreement for review. The contractor will supply these logs. Any drowning or serious incidents in these areas will be reported to the Corps of Engineers immediately, through the Lake Office, or directly to a Park Ranger on duty. Telephone numbers will be included with the approved contract. 8. Uniforms- All cooperative contract personnel shall wear the standard Grapevine Police Department uniform, normally worn by the law enforcement agency. 9. Patrol Vehicles - (a). All patrol vehicles/vessels shall have standard insignia and markings normally used by the law enforcement agency. (b). Patrol vehicles/vessels shall also be equipped with standard law enforcement type lights, radios, and any other standard equipment necessary to perform the required services. (c ). The cooperator shall be responsible for all vehicle/vessel costs, including insurance, fuel, service and maintenance, and any other costs associated with the operation of the vehicle/vessel. 10. Cost for Reimbursable Services - (a). The cost per man-hour for the provision of law enforcement services described in paragraph 3 will be $ 40.31. The costs for labor, utilization, operation, maintenance and repair of equipment and supplies used in performing the reimbursable services are listed as follows: Labor/man-hour - $36.89 Vehicle/man-hour - $ 2.65 Overhead (S/A) - $ .77 Total cost per man-hour- $40,31/ 960 hours = $38,697.60 (b). The total cost of reimbursable services during tenure of the cooperative agreement may not exceed $38,697.60 11. Request for Payment - (a). The cooperator will provide the Corps of Engineers representative designated a request for payment for reimbursable services performed each month. The request for payment will include total charges (including cost of utilization, operations, maintenance and repair of equipment and supplies), number of hours involved, and starting and ending dates of billing period. (b). The request for payment will be submitted no later than 5 calendar days after the close of the reporting month. (c). Total cost of reimbursable services during tenure of the contract may not exceed $38.697.60. (d). The following individuals are designated to issue and receive requests for reimbursable law enforcement services under the contract: Corps of Engineers Representative Douglas L. Cox, Operations Manager Elm Fork Project 1801 N. Mill Street Lewisville, TX 75057 Phone 972/434-1666 Police Department Representative Dale Wilkins, Chief of Police Grapevine Police Dept. 307 W. Dallas Road Grapevine, Texas 76051 Phone 817/410-3225 12. Inspection- The services performed by the contract law enforcement agency under provisions of this contract shall be subject to inspection by the Contracting Officer or his designated representative to insure strict compliance with the terms of the cooperator agreement. 13. Terms of Agreement- If for any reason the cooperator fails to provide or satisfactorily perform the services as specified, the Government reserves the right to terminate the cooperative agreement. (a) PATROL SCHEDULE - Patrol of the areas in paragraph I shall be as follows: VESSELS/ DAY OF WEEK TIlVIE OF DAY HOURS VEHICLES OFFICERS Friday 1400-0200 12 1 1 Saturday 1400-0200 12 1 1 Sunday 1400-0200 12 1 1 1600-2200 6 1 1 Holidays on 1400-0200 12 1 1 27 May, 4 July, 1600-2200 6 1 1 and 2 Sept 2002 July 3, 2002 1800— 2400 6 1 1 (April only schedule: 1400-0200, Saturday and Sunday). NOTE: Deviations from the above schedule may be required to allow for special situations that may arise during the contract period. Both the Government and the City shall mutually agree upon any deviations in advance and in no event shall the total man-hours specified in the contract be exceeded. (b) START OF COOPERATIVE AGREEMENT- Patrols shall start on 14 April 2002 or on the first scheduled day after approval of this agreement, whichever is later, and shall be provided for a total of 960 man-hours through 15 September 2002, in accordance with the above patrol schedule.