HomeMy WebLinkAboutContract 52730 CITY SECRETARr..
CONTRACT No. 5Q 7 3 Q
6 2019
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G�GSSSR SUPPLIER SERVICES AGREEMENT
Servexo
This SUPPLIER 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 Jesus J.Chapa,its duly authorized Assistant City Manager,and SERVEXO("Supplier"),a foreign
for-profit corporation, and acting by and through John Palmer, its duly authorized Operations Manager,
each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Supplier Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C,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 Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
I. SCOPE OF SERVICES.
Supplier shall provide security guard services for the City's Police Department(FWPD). Exhibit
"A,"-Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on September 2,2019("Effective Date")and shall expire on
September 1,2020("Expiration Date"),unless terminated earlier in accordance with this Agreement
("Initial Term"). This Agreement may be automatically renewed for four(4)one-year terms at the City's
option,each a"Renewal Term."The City shall provide Consultant with written notice of its intent to
renew at least thirty(30)days prior to the end of each term.
3. COMPENSATION.
City shall pay Supplier in accordance with the provisions of this Agreement and Exhibit "B,"—
Price Schedule. Total payment made under this Agreement for the first year by City shall not exceed the
amount of One Hundred Thousand Dollars ($100,000.00). Supplier 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 Supplier not specified by this Agreement unless City first approves such expenses in writing. City agrees
to pay all invoices of Consultant within thirty(30)days of receipt of such invoice.
4. TERMINATION.
4.1. Written Notice. City or Supplier may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
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City of Fort Worth and Servexoage
CITY SECRETARY
FT. WORTH,TX
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 Supplier 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 Supplier for services actually rendered up to the effective date of
termination and Supplier 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,Supplier shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Supplier has received access to City Information or data as a requirement
to perform services hereunder, Supplier 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. Supplier hereby warrants to City that Supplier has made full
disclosure in writing of any existing or potential conflicts of interest related to Supplier's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Supplier hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Supplier,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 Unauthorized Access. Supplier 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. Supplier 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, Supplier
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. RIGHT TO AUDIT.
Supplier 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 Supplier involving transactions relating to this Agreement at no
additional cost to City. Supplier agrees that City shall have access during normal working hours to all
necessary Supplier 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 Supplier reasonable advance notice
of intended audits.
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7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Supplier 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,
Supplier 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, consultants and
subcontractors.Supplier acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Supplier, its officers, agents, employees, servants,
contractors and subcontractors. Supplier further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Supplier. It is further understood that City shall in no
way be considered a Co-employer or a Joint employer of Supplier or any officers, agents, servants,
employees or subcontractor of Supplier. Neither Supplier,nor any officers,agents,servants,employees or
subcontractors of Supplier shall be entitled to any employment benefits from City. Supplier 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.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY-SUPPLIER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANYAND 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 SUPPLIER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - SUPPLIER 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 SUPPLIER'S BUSINESS
AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO
ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
SUPPLIER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Supplier agrees to defend,
settle, or pay, at its own cost and expense,any claim or action against City for infringement of any
patent,copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Supplier bears the cost and expense of payment for claims or actions
against City pursuant to this section,Supplier shall have the 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; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Supplier in doing so. In the event City, for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
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negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Supplier shall fully participate and cooperate with City in defense of such claim or action.City agrees
to give Supplier timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Supplier's duty to indemnify City under this Agreement.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,
Supplier shall,at its own expense and as City'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
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Supplier terminate this Agreement, and refund all amounts
paid to Supplier by City, subsequent to which termination City may seek any and all remedies
available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Supplier shall not assign or subcontract 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 Supplier under which the assignee agrees to be
bound by the duties and obligations of Supplier under this Agreement. Supplier and Assignee shall be
jointly liable for all obligations of Supplier under this Agreement prior to the effective date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract,subContractor shall execute a written
agreement with Supplier referencing this Agreement under which subcontractor shall agree to be bound by
the duties and obligations of Supplier under this Agreement as such duties and obligations may apply.
Supplier shall provide City with a fully executed copy of any such subcontract.
to. INSURANCE.
Supplier shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and L.imiLs
(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
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Coverage shall be on any vehicle used by Supplier, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
1 (a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear.The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager,City
of Fort Worth,200 Texas Street,Fort Worth,Texas 76102, with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A-ViI in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Supplier has obtained all required
insurance shall be delivered to the City prior to Supplier proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Supplier 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,
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ordinances, rules and regulations. If City notifies Supplier of any violation of such laws,ordinances, rules
or regulations,Supplier shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Supplier, for itself, its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Supplier'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 SUPPLIER, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
SUPPLIER 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,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered, return receipt requested,addressed as follows:
To CITY: To SUPPLIER:
City of Fort Worth Servexo
Attn:Jesus J.Chapa,Assistant City Manager Mike Dalton,Security Manager
200 Texas Street 1515 W. 1906'Street,Suite 170
Fort Worth,TX 76 1 02-63 1 4 Gardena,CA 90248
Facsimile:(817)392-8654 Facsimile:323-521-5034
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Supplier 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 person's employer.Notwithstanding 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 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.
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16. NO WAIVER.
The failure of City or Supplier 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 Supplier'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 Supplier 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, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
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 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 A,B,and C.
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. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Supplier,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.
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24. 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.
25. WARRANTY OF SERVICES.
Supplier warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Supplier's option, Supplier shall either(a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Supplier for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Supplier shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Supplier shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Supplier shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Supplier employee who is not legally eligible to perform such services. SUPPLIER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SUPPLIER,
SUPPLIER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written
notice to Supplier, shall have the right to immediately terminate this Agreement for violations of this
provision by Supplier.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Supplier hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
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may be executed by any authorized representative of Supplier whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto. Any signature delivered by a party by facsimile or other elecftnic transmission (including email
transmission of a portable document file(pdf)or similar image)shall be deemed to be an original signature
hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Supplier shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Supplier or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Supplier has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. Supplier acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott
Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this Addendum, Supplier certifies that Supplier's signature
provides written verification to City that Supplier: (1) does not boycott Israel, and (2) will not
boycott Israel during the term of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
3rd day of September,2019.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
,„Ze, gfI 7 CGS responsible for the monitoring and administration of
Jesus J.Chapa(Sep 6,zo 9 this contract,including ensuring all performance and
By. Name: Jesus J. Chapa reporting requirements.
Title: Assistant City Manager
Date; Richard E.Dernore(Sep 5,2019)
By:
Name: Richard Demore
APPROVAL RECOMMENDED: Title: Lieutenant
Lt.Amy L d ep 5,2019)
Edwin Kraus By
Edwin Kraus(Sep 6,2019) Name: Amy E. Ladd
By: Title: Lieutenant
Name: Edwin Kraus
Title: Chief of Police
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
Thomas Royce Hansen(Se ,2019)
BH.,Naa
Y Y L'.� ri7 - By.
y: Name: Thomas Royce Hansen
Ma J.Ka ser 'D' y Title: Assistant City Attorney
City Secreta �
CONTRACT AUTHORIZATION:
M&C: Not Applicable
U
SUPPLIER:
Servexo ATTEST:
By: By:
Name: Mike Dalton Name:
Title: Security Manager Title:
Date:
OFFICIAL RECORD
CITY SECRETARY
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EXHIBIT A
SCOPE OF SERVICES
1.0 SCOPE
1.1 Supplier shall provide security guard services on an as needed basis for the Fort Worth
Police Department(FWPD) in accordance with the following scope of services.
1.2 FWPD will utilize this Agreement for unarmed and optional armed security guard
services for prisoners admitted to John Peter Smith Hospital and other area hospitals
on an as-needed basis.
1.3 FWPD shall also utilize this Agreement for Near Eastside Security Vehicle Patrol
(NESVP)unarmed and optional armed security guard services.
1.4 Supplier shall ensure that its security guards possess all required licenses,certifications,
permits, and authorizations, including the appropriate Texas Private Security Bureau
License if retired and not still commissioned.
2.0 GENERAL REQUIREMENTS
2.1 Hospital Unarmed and Optional Armed Security Guard Services
2.1.1 The Supplier shall provide hospital unarmed and optional armed security guard
services on an as needed basis,as requested by the City.
2.1.2 Supplier shall respond and supply requested security guard services required
within a 45 minute response time or less for reporting to John Peter Smith
Hospital or other area hospitals from the time original request is made by the
FWPD.
2.1.3 Supplier shall provide a 24-hour answering system to immediately notify and
dispatch a security guard upon notification by the FWPD that a prisoner is being
admitted to John Peter Sm ith Hospital or other area hospitals.
2.1.4 Supplier shall provide one unarmed guard or optional one armed guard per prisoner
when notified that a prisoner is admitted to John Peter Smith Hospital or other area
hospitals.Quantity of guards per prisoner shall be FWPD sole discretion.
2.1.5 In the event that more than five guards are needed at any one time, one guard
shall be permitted to guard two prisoners provided they are in custody for
misdemeanor offenses,and are hospitalized together in the same room or adjacent
rooms,and are secured to their beds.
2.1.6 A FWPD officer shall inventory the prisoner's personal property,and the
property shall be maintained by the FWPD.
2.1.7 Supplier shall not be involved in transportation of the prisoners to and from the
John Peter Smith Hospital facility or other area hospitals.
2.1.8 While on duty, Supplier security guards must adhere to the FWPD Post
Orders.The Post Orders include,but are not limited to:
a. Security Guard shall not furnish any item that is not supplied by the
FWPD to a prisoner, including food,drink,reading material,writing
materials,or the use of a cellphone. No prisoner is allowed to use any
phone unless the appropriate FWPD personnel provide authorization
either by phone or in writing.
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b. Security Guard shall not allow visitors to have access to prisoners at
the hospital.
c. Security Guard must remain on post until relief arrives.
d. Security Guard is required to know and understand the FWPD security
rules and Company's security policy.
e. Security Guard is required to wear Supplier approved uniform and is
required to display Supplier identification card at all times while
performing duties under this Agreement.
f. Security Guard duties shall cease when security guard is relieved by
FWPD officer or Tarrant County Sheriff's Deputy.
g. Supplier shall meet the insurance requirements listed in Section 3.0.
2.2 Near Eastside Security Vehicle Patrol(NESVP), Unarmed and Optional Armed
Guards
2.2.1 Supplier shall provide NESVP for enhanced public safety and promote crime
prevention through an additional security presence in the area Due to a high
concentration of homeless services and population, the NESVP shall monitor
primary issues which include loitering, storage of belongings on private
property, consuming alcohol within 1,000 feet of a shelter, public lewdness,
and illegal activity such as drugs and prostitution.
2.2.2 The patrol boundaries are:
• 1-30 to the North,
• Pine Street to the East,
• Union Pacific Railroad tracks to the South,and
• 1-35 to the West
2.2.3 Services shall be provided 365 days and holidays included for NESVP
program.
2.2.4 NESVP program daily hours:4:00 PM— 10:00 PM
2.2.5 Vehicle patrol shall be provided. Vehicles used for these services shall
have up to date inspections and license tags.
2.2.6 Awarded Supplier shall submit to FWPD weekly performance measures,
including:
• Number of hours spent patrolling by security staff in the Near Eastside
Neighborhood
• Number of miles patrolled by security staff
• Number of contacts made by security staff
• Number of calls made to FWPD by security staff
• Number of calls made to FWPD from Near Eastside area
• Education efforts to encourage productive relationships and reduce
hesitation to initiate calls to FWPD
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2.2.7 Supplier shall attend Presbyterian Night Shelter and Fort Worth Police
Department meetings during normal work hours as requested.
2.2.8 Supplier shall submit a detailed weekly report to Lt.Richard Demore at
Richard.Demore(alfortworthtexas.gov of all activities or issues the Supplier has
identified during each day.
2.2.9 Awarded Supplier shall provide security guard services in accordance with the
following NESVP Policy and Procedures.
• The primary responsibility of the security officer is to Observe,Request,
and Report.
• The security officer is to patrol and observe the Near Eastside
Neighborhood for compliance with City of Fort Worth laws,safety of
clients and employees,helping in a crisis,and the observation of all
activities surrounding the area.
• The security officer will be required to provide continuous monitoring of
the identified areas paying special attention to the following issues:
• Loitering&camping on public sidewalks,private property,right of way,
and streets.
• Storage of belongings on public sidewalks,private property,right of way,
and streets.
• Consuming alcohol or open containers within 1,000 feet of a shelter.
• Illegal activity such as drugs,prostitution,etc.
• Public lewdness.
• The security officer is to request for compliance with the city of Fort Worth
laws,engage in a manner that is professional,non-confrontational,helpful,
yet very firm,and discuss in a calm manner that will help de-escalate
difficult situations.The officer is encouraged to request compliance from
inside the patrol vehicle.
• After observing the situation and requesting for compliance,if the situation
escalates or is not resolved the officer is then instructed to report the
situation to 911 and the Presbyterian Night Shelter supervisor.The security
officer should identity himself as with the"Near Eastside Security Patrol'
when calling 911.There will be certain situations where no requesting will
be implemented,the officer is to directly report the situation to 911.These
include drinking within 1,000 feet of a shelter,drug activity,fighting,or
other
• Illegal behavior. In such incidents,the security officer should complete an
"Incident Report."
• If a report is being made to the police and if appropriate,a picture of the
offender in the situation is to be taken and provided to the responding police
officer and the Presbyterian Night Shelter.In addition,the security officer is
to stay directly on the scene until the police arrives.
• The security officer is not allowed to physically engage a client unless the
security officer is in physical danger.
• The security officer is responsible for providing a security presence 7 days a
week from 4:00pm-10:OOpm.The property and streets for monitoring will
be all of the streets in the Near Eastside Neighborhood.
Supplier Services Agreement btw
City of Fort Worth and Servexo—Exhibit A Page 13 of 16
• The security officer will provide a handout that describes the times of intake
for the following shelters: Presbyterian Night Shelter,Union Gospel
Mission,Salvation Army,and YWCA.
• If the security officer is approached by a client seeking assistance because
of a violent or dangerous situation they are to call 911,remain with the
client, inform the Presbyterian Night Shelter of the situation and coordinate
with the shelter to meet the needs of the client.
• The security officer will be provided with a mobile radio for constant
contact with the Presbyterian Night Shelter.
• If a Near Eastside Neighborhood Incident Report is received from a
business,the vehicle patrol will conduct increased patrols of that specific
area monitoring for compliance.
• The security officer will be required to complete a daily mileage sheet and a
daily log report for each shift as well as Incident Reports when 911 is
called.These reports must be emailed weekly to Lt.Richard Demore at
Richard.Demore@fortworthtexas.gov.
Supplier Services Agreement btw
City of Fort Worth and Servexo—Exhibit A Page 14 of 16
EXHIBIT B
PRICE SCHEDULE
Servexo
1515 W. 190`h Street,Suite 170
Gardena,CA 90248
Facsimile: 323-521-5034
The Supplier will be paid for services on an hourly rate based on the amounts listed in this Price
Schedule. Supplier will submit invoices to City at the end of each month and will be paid on a monthly
basis for the work provided during the previous month's services. Supplier will submit invoices to fwpd_
invoicingCw.Fortworthtexas.gov_. City agrees to pay all invoices of Supplier within thirty (30)days of
receipt of such invoice.
The quantities and total amounts below are only projections for the use of Supplier's services
throughout the term of this agreement.
ITEM CLASS-ITEM PROJECTED UNIT UNIT ESTIMATED
QUANTITIES PRICE TOTALS
OF UNITS
1 Unarmed Security Guard Services per 1,258.5 HOUR $26.00 $32,700.00
guard/per hour for City prisoners
hospitalized at John Peter Smith Hospital
or other area hospitals as needed.
2 Optional:Armed Security Guard Services 20 HOUR $30.00 $600.00
per guard/per hour for City prisoners
hospitalized at John Peter Smith Hospital
or other area hospitals as needed.
3 Unarmed Near Eastside Security Vehicle 2200 HOUR $30.00 $66,000.00
Patrol (NESVP)per guard/per hour,4:00
pm to 10:00 pm, M-F, Saturday &
Sunday,Holidays
4 Optional:Armed Near Eastside Security 20 HOUR $35.00 $700.00
Vehicle Patrol (NESVP)per guard/per
hour,4:00 pm to 10:00 pm, M-F,
Saturday &Sunda ,Holidays
PROJECTED TOTAL: $100,000.00
Supplier Services Agreement btw
City of Fort Worth and Servexo—Exhibit B Page 15 of 16
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
SERVEXO
1515 W. 190TH STREET,SUITE 170
GARDENA,CA 90248
FACSIMILE:323-521-5034
Supplier hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Supplier and to execute any agreement, amendment or
change order on behalf of Supplier. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Supplier.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Supplier. Supplier will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Supplier.
I. Name:
Position:
Signature
2. Name:John I
Position: ciahs lice senative
hnwr? Y
3. Name:Jayme Hong
Poi 'on: Contract Specialist
nature
Name:J n er
Si at re of President
Ij
Other Title: Authorized Signor
Date: 09/3/2019
Supplier Services Agreement btw
City of Fort Worth and Servexo—Exhibit C Page 16 of 16