Loading...
HomeMy WebLinkAboutContract 52988 CITY 5 aq 8 9 SUPPLIER SERVICES AGREEMENT National Secrnriy&Protective Service Inc- 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 National Security & Protective Service Inc.("Supplier"),a Texas corporation,and acting by and through Danny Elmore its duly authorized Director of Operations, 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. 1. 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 October 14, 2019 ("Effective Date') and shall expire on October 13,2020("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 fast 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. F�' U�10R�'�9, e of 16 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. 4.2 Non- propriation of Funds.In the event no fimds 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. 43 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 warrant$ 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 fn 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'l 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 firlly 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 2 of 16 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 subcontractorsr 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 ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF 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, FROMAND AGAINST ANYAND 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,INCL UDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENTA CIS 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 negotiations for its settlement or compromise and to settle or compromise any such claim; however, Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 3 of 16 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,subContractorr shall execute a written agreement with Supplier referencing this Agreement under which subContractorshall 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. 10. 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 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 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 4 of 16 (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 accidentloccurrence $100,000- Bodily Injury by disease;each employee $500,000- Bodily Injury by disease;policy limit 10.2 General Requirements (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, 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 5 of 16 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-DISCRIMNATION 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 Danny Elmore Attn:Jesus J.Chapa,Assistant City Manager Director of Operations 200 Texas Street National Secutity&Protective Services Inc. Fort Worth,TX 76102-6314 8553 N.Beach Facsimile: (817)392-8654 Fort Worth,T,i 76244 (214)299-8772 xt.300 Office With copy to Fort Worth City Attorney's Office at (817)642-8919 Mobile same address (866)562-8432 Fax 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 tie 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 6 of 16 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 He 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. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 7 of 16 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. EM31IGRATION NATIONALITY ACT. Supplier shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eli bility Verification Form (I-9). Upon request by City, Supplier shall provide City with copies of alI-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 nd controls so that no services will be performed by any Supplier employee who is not legally eligible 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. ff 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, Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Page 8 of 16 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 electronic 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 day of October,2019. (signature page follows) Supplier Services Agn ment City of Fort Worth and National Security&Protective Services Inc. Page 9 of 16 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: Jesus J.chapa,c,-I 2=,2o19; this contract,including ensuring all performance and Name: Jesus L Chapa reporting requiremem. Title: Assistant City Manager Richard E. D'More Date: By: Richard- De more fOct 28,2019) Name: Richard Demore APPROVAL RECOMMENDED: Title: Lieutenant By: amyl (Oct 28,2019) D-w Name: Amy E.Ladd By: Edwin Kraus(Oct 28,2019) Title: Lieutenant Name: Edwin Kraus Title: Chief of Police APPROVED AS TO FORM AND LEGALITY: ATTEST: Mait,zzeza _ By: Matt Murray(Oct 28,20 9) By; Mary) K �r(0e,2019) Name: Matthew A. Murray Name: ary J.Kay o �. Title: Assistant City Attorney Title: City Secre `" F R • � CONTRACT AUTHORIZATION: M&C: Not Applicable SUPPLIER: National Security&Protective S rvices Inc. ATTEST: B . y: army o Name: Dir r of Operations Title: Date: / OFFICIAL RECORD Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. FT. WORTH,TX 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 Smith 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 b. materials,or the use of a cellphone. No prisoner is allowed to use any Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Exhibit A Page 11 of 16 phone unless the appropriate FWPD personnel provide authorization either by phone or in writing. C. Security Guard shall not allow visitors to have access to prisoners at the hospital. d. Security Guard must remain on post until relief arrives. e. Security Guard is required to know and understand the FWPD security rules and Company's security polidy. f. 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. g. Security Guard duties shall cease when security guard is relieved by FWPD officer or Tarrant County Sheriffs Deputy. h. Supplier shall meet the insurance requirements listed in Section 10.0. 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 1p1009 feet of a shelter, public lewdness, and illegal activity such as drugs and won. 2.2.2 The patrol boundaries are: • I-30 to the North, • Pine Street to the East, • Union Pacific Railroad tracks to the South,and • I-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 s�ff • Number of contacts made by security staff • Number of calls made to FWPD by security staff • Number of calls made to FWPD from New Eastside area Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Exhibit A Page 12 of 16 • Education efforts to encourage productive relationships and reduce hesitation to initiate calls to FWPD 2.2.7 Supplier shall attend Presbyterian Night Shelter and Fort Worth Police Department meetings as requested during normal work hours. 2.2.8 Supplier shall submit a detailed weekly report to Lt.Richard Demore at Richard.Demore@fortworthtexas.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 Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Exhibit A Page 13 of 16 week from 4:00pm-10:00pm.The property and streets for monitoring will be all of the streets in the Near Eastside Neighborhood. • 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 She°tter. • 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 City of Fort Worth and National Security&Protective Services Inc. Exhibit A Page 14 of 16 EXHIBIT B PRICE SCHEDULE National Security&Protective Services,Inc. 5601 Bridge St.,Ste 353 Fort Worth,TX 76112 ITEM CLASS-ITEM ESTIMATED UNrr UNrr ESTIMATED QUANTITX PRICE TOTAL 1 Unarmed Security Guard Services per 1,509.2 HR $24.21 $36,538.00 guard/per hour for City prisoners hospitalized at John Peter Smith Hospital or other area hospitals as needed. 2 Optional: Armed Security Guard Services per 30 HR $25.70 $771.00 guard/per hour for City prisoners hospitalized at John Peter Smith Hospital or other area hospitals as needed. 3 Unarmed Near Eastside Security Vehicle 2,300 HR $27.00 $62,100.00 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 HR $29.55 $591.00 Vehicle Patrol(NESVP)per guard/per hour, 4:00 pm to 10:00 pm,M-F, Saturday& Sunday,Holidays TOTAL: $100,000.00 The Supplier will invoice the City on a monthly basis to:City of Worth at FWPD- invoicing@fortworthtexas.gov. ACH payment will be made by the City in net 30 days of invoice submittal. Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Exhibit B Page 15 of 16 EXFMIT C VERIFICATION OF SIGNATURE AT-MORITY NATIONAL SECURITY&PROTECTIVE SERVICES,INC. 5601 BRIDGE ST.,STE 353 FORT WORTH,TX 76112 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 chas 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. 1. Name: Position: i/, Sign 2. Name: Position: Signature 3. Name: /9 Position:D6/0---T)/ C M;4,C Signature Nam igna 4'125c. es' ent/ EO er Tit ,���T•"AiZa Date: Supplier Services Agreement City of Fort Worth and National Security&Protective Services Inc. Exhibit C Page 16 of 16