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HomeMy WebLinkAboutContract 48895-R2A1 1 CITY SECRETARY CONTRACT NO. R 915 FIRST AMENDMENT AND SECOND RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT NO.48895 This FIRST AMENDMENT AND SECOND RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT NO. 48895 ("Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting herein by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and All City Management Services, Inc, a foreign for-profit corporation ("Vendor"), acting by and through Demetra Farwell, its duly authorized Corporate Secretary, each individually referred to as a"Party"and collectively referred to as the"Parties". WHEREAS, City and Vendor entered into an agreement for crossing guard services,the same being Fort Worth City Secretary Contract No. 48895 (the "Agreement"); and WHEREAS,under the terms of the Agreement, services began on February 8, 2017 and ended on February 7,2018, and provided that the City would have the option to renew the Agreement for up to four one-year renewal options with the Vendor's consent;and WHEREAS,City exercised its first option to renew the Agreement from February 7, 2018 through September 30,2018 under City Secretary Contract Number 48895-R1 ("First Renewal"); and WHEREAS,Vendor consented to the First Renewal; and WHEREAS,the City now desires to exercise its option to renew the Agreement for the second year beginning on October 1,2018 through September 30,2019(the"Second Renewal"); and WHEREAS, in addition to renewing the Agreement,the Vendor has requested an increase in the hourly rate being paid to the Vendor due to an increased cost for labor throughout the marketplace;and WHEREAS,the Parties wish to amend the Agreement to reflect an increase in the hourly rate being paid to the Vendor in Exhibit B of the Agreement(Price Schedule),attached hereto as Exhibit A;and, WHEREAS,the Parties would like to increase the"not to exceed"amount reflected in Section 3 of the Agreement, as well as amend the notice to terminate provisions in Section 4 of the Agreement; and, WHEREAS, the Parties also wish to remove the requirement for professional liability insurance within Section 10 of the Agreement. ra�B v. 'w..4to CITY."'i_3C i-ET,�Ry IFT.VI6 IRTH,TX FIRST AMENDMENT OF CSC NO.48895 Page I of 5 NOW THEREFORE, KNOWN ALL BY THESE PRESENT, City and Vendor, acting herein by and through their duly authorized representatives, enter into this Amendment, which amends the Agreement as follows: 1. Section 3 of the Agreement is hereby replaced in its entirety as follows: 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," - Price Schedule. Total payment made under this Agreement for each respective renewal term shall be as follows: • For the Second Renewal, payments shall not exceed the amount of One Million Six Hundred and One Thousand and Seventy-Eight Dollars ($1,601,078.00). • For a third renewal, if the Parties agree to such a renewal, payments shall not exceed the amount of One Million Seven Hundred Ninety-Four Thousand and Ten Dollars($1,794,010.00)." Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 2. Section 4.1 of the Agreement is hereby replaced in its entirety as follows: 4.1 Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other Party with 90 days written notice of termination." 3. Exhibit B of the Agreement titled"PRICE SCHEDULE"is hereby replaced in its entirety with the attached Exhibit A to this Amendment. 4. Section 10.1 of the Agreement is hereby replaced in its entirety as follows: FIRST AMENDMENT OF CSC NO.48895 Page 2 of 5 10.1 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 Vendor, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle"shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits Employer's liability $100,000- Each accident/occurrence $100,000- Disease-per each employee $500,000- Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.0 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of: $100,000- each accident/occurrence, $500,000 bodily injury disease policy limit $100,000- per disease per employee 5. Except as expressly modified in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. (signature page follows) FIRST AMENDMENT OF CSC NO.48895 Page 3 of 5 IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office to triplicate originals on this day of'�C: �L,2018. CITY: VENDOR: CITY OF FORT WORTH ALL CITY MANAGEMENT SERVICES By: C B Name: Jesus J. Chapa Name: emetra F ell Title: Assistant City Manager Title: C rate ecretary APPROVAL RECOMMENDED: By: Name: Joel F.Fitzgerald Title: Chief of Police APPROVED AS TO FORM AND LEGALITY: By._ Name:Royce Hansen Title: Assistant City Attorney Contract Authorization:M&C P-11996, February 7,2017 Amendment Authorization: M&C � ATTESTED: M&C: ( % 3 By: " 1295: aot - X59 cod Name: Mary K * ' Title: City Secretk 'E Contract Compliance Manager: "c ,AS By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance an reporting requirements. OFFICIAL RECORD Captain James C. Stockton CITY SECRETARY FT.WORTH,Contract Compliance Specialist ,TX FIRST AMENDMENT OF CSC NO.48895 Page 4 of 5 1 Exhibit A to the Amendment EXHIBIT B PRICE SCHEDULE As a full service Vendor,the hourly rate shall be a fully loaded rate,meaning all of Vendor's costs shall be included in the hourly billing rate. This includes but is not limited to;recruitment,background clearance,training,equipment, insurance,supervision and management of the City of Fort Worth,Texas Crossing Guard Program. Hourly Rate: • For the second renewal: Twelve Dollars and 74/100 Cents($12.74)per hour,per guard. • For a third renewal if such a renewal is agreed to by both Parties in accordance with the Agreement: Fourteen Dollars and 28/100 Cents($14.28)per hour,per guard. Starting pay for all guards shall be as follows: Second(October 1.2018-September 30,2019)Renewal Rates: • Guards located in the Keller ISD will receive$9.00 an hour or higher with incumbents paid at their current rate. • Guards located outside of the Keller ISD will receive$8.50 an hour or higher with incumbents paid at their current rate. • Lead crossing guards starting pay shall be$9.59 an hour or higher with incumbents paid at their current rate. Third October 1,2019-September 30,2020)Renewal Rate if such a renewal is agreed to by both Parties in accordance with the Agreement: • All Guards will receive$9.50 an hour or higher with incumbents paid at their current rate. • Lead crossing guards starting pay shall be$10.59 an hour or higher with incumbents paid at their current rate. FIRST AMENDMENT OF CSC NO.498895 Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/18/2018 DATE: Tuesday, September 18,2018 REFERENCE NO.: **P-12252 LOG NAME: 13P17-0045 AMEND CROSSING GUARD SVCS JD PD SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No.48895 with All City Management Services,Inc., for Crossing Guard Services Increasing the Hourly Rate for the Second Renewal to $12.74 per Hour, Resulting in a new Annual Amount of$1,601,078.00 and Providing for an Hourly Rate of$14.28 per Hour for Subsequent Renewals, if the City Elects to enter into Subsequent Renewals and Funds are Appropriated by Council, for an Annual Amount of$1,794,010.00(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of an Amendment to City Secretary Contract No.48895 with all City Management Services,Inc_,for crossing guard services increasing the hourly rate for the second renewal to$12.74 per hour,resulting in a new annual amount of$1,601,078.00 and providing for an hourly rate of$14.28 per hour for subsequent renewals,if the City elects to enter into subsequent renewals and funds are appropriated by Council,for an annual amount of$1,794,010.00. DISCUSSION: The Police Department uses this Agreement to provide crossing guard services for school crossings in the morning and afternoon hours for regular school days and summer school days throughout the year.Each school crossing guard will work three hours per day. Currently,the City of Fort Worth(City), through its Agreement with All City Management Services,Inc.(ACMS),covers 10 school districts and 137 schools with elementary age children for a total of 232 intersections. The Agreement was approved by City Council on February 7,2017(M&C P-11996),began on February 8,2017,ended on February 7,2018, and provided that the City and ACMS would have the option to renew the agreement for up to four one-year terms. The City and ACMS exercised the First Option to renew the Agreement from February 7,2018 through September 30,2018 (City Secretary Contract Number 48895-R1). Staff requests authorization to amend the Agreement to increase the hourly rate paid to ACMS and the maximum annual contract amount. Staff also plans to renew this Agreement for its Second Renewal which would begin on October 1,2018 and to also extend the notification requirements within the Termination Provisions of the Agreement. ACMS has experienced difficulty filling crossing guard positions and retaining these guards throughout the school year. The increase in the Agreement amount reflects an increased cost within the labor market and covers additional pay for some of the crossing guards as well as to improve acquisition and retention of crossing guards. Starting pay for all guards shall be as follows: October 1,2018-September 30,2019 • Guards located in the Keller Independent School District(ISD)area shall receive$9.00 an hour or higher with incumbents paid at their current rate. • Guards located outside of the Keller ISD area shall receive$8.50 an hour or higher with incumbents paid at their current rate. •Lead crossing guards starting pay shall be$9.59 an hour or higher with incumbents paid at their current rate. If a Third Renewal Term is exercised by both parties, Starting pay for all guards under that term will be as follows: October 1,2019-September 30,2020 • Guards located in the Keller ISD area $9.50 an hour or higher with incumbents paid at their current rate. • Guards located outside of the Keller ISD area$9.50 an hour or higher with incumbents paid at their current rate. • Lead crossing guards starting pay shall be$10.59 an hour or higher with incumbents paid at their current rate. The hourly billing rate to the City will increase from$11.94 per hour to$12.74 per hour,per guard for the October 1,2018 through September 30,2019 term and then to $14.28 per hour,per guard for a Third Renewal Term of October 1,2019 through September 30, 2020 term,if the Third Renewal term is exercised. Total payments made under this amended Agreement shall be as follows: •From October I,2018 through September 30,2019 shall not exceed the amount of $1,601,078.00. (a$105,234.00 difference from the original Agreement) •From October 1,2019 through September 30,2020 shall not exceed the amount of $1,794,010.00. (a$192,932.00 difference from the Second Renewal) The Termination Clause within the Amended Agreement will change the written notification of termination requirement from 30 days to 90 days. All other terms and conditions of the Agreement shall remain the same. ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2018-2019 budget by the City Council to include the above referenced item, funds will be available in the Fiscal Year 2019 Budget,as appropriated, of the General Fund,Police Community Programs/Youth Section,and that prior to an expenditure being made,the Police Department has the responsibility to validate the availability of funds. Funds for future year contract renewals are subject to Mayor and Council appropriation. BQN117-004511D FUND IDENTIFIERS (FIDs): TO Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FROM Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Cbapa (5804) Originating Department Head: Susan Alanis (8180) Additional Information Contact: Cynthia Garcia (8525) Jack Dale (8357) ATTACHMENTS 1. 1295 Form 082318.12df (Pubic 2. 48895 Amendment 1 signed by ACMS ,pdf (public) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested partes. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-395969 ALL-CITY MANAGEMENT SERVICES, INC. Santa Fe Springs,CA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/23/2018 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP-17-0045 Provide School Crossing Guard Services and Training 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Farwell,Baron Santa Fe Springs,CA United X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is AwAyim and my date of birth is My address is 149J �!7� r''`¢di J I-9P 7a, (street) (city) (state) (zip code) (country) I declare under penalty of perjury that thefor ing is true and correct. Executed in Ad L 3 f County, State of ,on the day of .2t1 (month) (year) nature of authorized agent of contracting business entity (Dederenl) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711