Loading...
HomeMy WebLinkAboutContract 40892CITY SECRETARY CONTRACT NO. � 4DE -9 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation %J the State %J Texas ("City"), acting by and through Tom Higgins, its duly authorized Assistant City Manager, and Texas Industrial Security, Inc., a Licensed Investigation/Security Guard Company ("Consultant"), acting by and through Dave Greszler, its duly authorized representative. 1�=�Cyll l/l lfy WHEREAS, City is in need of unarmed and armed professional security guards to assist City in providing hospital guard services with regard to Fort Worth prisoners admitted to area hospitals; and WHEREAS, Consultant employs over 100 personnel trained to guard inmates and currently provides professional security guard services to other agencies, including the guarding of inmates admitted to hospitals; and WHEREAS, City and Consultant desire to enter into a contract whereby Consultant will provide guard services for the benefit of the City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. Services. Consultant covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all objectives described in "Exhibit A" attached and incorporated herein for all purposes incident to this Agreement. City agrees to fully perform, or cause to be performed, with good faith and due diligence, all actions described in "Exhibit B", attached and incorporated herein for all purposes incident to this Agreement. - OFFtC1��. �K:0>Rn 5 Agreement for Professional Services Page 1 of 11 2. Licensing. All TIS personnel sent to guard City prisoners under this agreement shall have current Texas Commission on Law Enforcement Officer Standards and Education ("T% L L3 ") security officer licenses or Department of Public Safety "Private Security Bureau" licenses. 3. Term. a. Services shall be provided by Consultant for an initial term beginning October 1, 2010 and ending on September 30, 2011, unless the agreement is extended or terminated as set forth herein. b. In addition to the initial term of this agreement, there shall be four consecutive options to renew for terms of one year each, unless earlier terminated as herein provided. Renewals shall occur upon (1) City appropriating in its budget sufficient funds for its obligations hereunder for each of the option years and (2) Consultant providing proof of continued required certifications and insurance. 4. Fee. City agrees to pay Consultant a rate of $22.90 per hour for unarmed guards and $26.07 per hour for armed guards performing hospital guard service. For purposes of calculating hours worked, billable time will begin upon the TIS guard's arrival at the hospital. TIS Guards must arrive at the designated hospital within one hour of TIS receiving a request from City to perform guard services. Billable time ends 30 minutes after the FWPD Officer relieves the TIS Officer by transporting the prisoner back to the City jail. The Fee shall constitute total compensation for all Services. Payment shall be made monthly and shall be based upon the number of hours of guard services provided during the previous month. Payment to Consultant shall be made by City following receipt by City from Consultant of a signed and approved invoice. Invoices shall be addressed to the City of Fort Worth, Police Department, attention Mike Brothers, Jail Operations, 350 West Belknap, Fort Worth, Texas, 76102, and shall be post marked no later than the 15th day of the month following that month in which the charges were incurred. Agreement for Professional Services Page 2 of 12 Agreement is terminated prior to expiration of the Term stated in Section 3, City shall pay Consultant only for Services actually rendered as of the effective date of termination. 6. Independent Contractor. Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Consultant, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Consultant. 7. Indemnification. CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY. CONSULTANT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED Agreement for Professional Services Page 3 of 11 PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONSULTANT LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,. ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONSULTANT AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. [Section 7 shall survive the expiration or termination of this Agreement.] 8. Insurance. During the term of this Agreement, Consultant shall procure and maintain at all times, in full force and effect, an insurance policy or policies that provides) the specific coverage set forth in this Section 8 as well as any and all other public risks related to Consultant's performance of its obligations under this Agreement. Consultant shall specifically maintain the following types of insurance at the following limits. Agreement for Professional Services Page 4 of 11 • General Liability Insurance which expressly extends coverage to include the professional services contracted herein. Minimum limits. $1,000,000 each occurrence $2,000,000 annual aggregate The City of Fort Worth should be named as an Additional Insured on this policy. • Workers Compensation, including Employers Liability with the following limits: $100,000 each accident $100,000 Disease, each employee $500,000 Disease, policy limit A Waiver of Subrogation should be granted for the City of Fort Worth in connection with this policy. • Errors &Omissions (Professional Liability): If coverage is written on a claims -made basis, the retroactive date for purposes of the policy shall be coincident with or prior to the date of execution of this agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of this agreement and for five (5) years following completion of the services provided for under this agreement. An annual certificate of insurance submitted to the City shall be evidence of coverage. Coverage shall be in the following amounts: (1) $1,000,000 per occurrence or claim (2) $2,0005000 aggregate Consultant shall promptly provide the City with certificates of insurance that verify Consultant's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Consultant's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Consultant shall comply which such requests or revisions as a condition precedent to the effectiveness of this Agreement. 9. Assignment. Consultant shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any Agreement for Professional Services Page 5 of 11 attempted assignment or subcontract of same without such prior written approval shall be void and constitute a breach of this agreement. 10. Compliance with Law. Consultant, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents, employees or subcontractors, then Consultant shall immediately desist from continuing and correct such violation. 11. Non -Discrimination. Consultant, in the execution, performance or attempted performance of this agreement, will not discriminate against any person or persons because of disability, age, sex, race, religion, color or national origin, sexual orientation, transgender, gender identity, or gender expression, nor will Consultant permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into specifically with reference to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Consultant hereby covenants and agrees that Consultant, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee -applicant has been discriminated against by Consultant, its agents, employees or subcontractors. 12. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement or the conclusion of any audit begun hereunder, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. advance notice of intended The City shall give Consultant reasonable Agreement for Professional Services Page 6 of 11 Consultant further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract or the conclusion of any audit begun hereunder, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and. further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. [Section 12 shall survive the expiration or termination of this Agreement] 13. Fiscal Funding. In the event that no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to payment for any services already provided. 14. Entire Agreement. This written instrument, including Exhibits A-C, constitutes the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports 'to vary Tom the terms hereof shall be void. 15. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. 16. Notices. Notices to be provided in connection with this agreement shall be sufficient if forwarded to the other party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below. Agreement for Professional Services Page 7 of 11 1. CITY: Copies To: 2. CONTRACTOR: 17. Non -Waiver Tom Higgins, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Sasha Kane, Senior Contract Compliance Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 817-3924243 Monica Wood, Assistant City Attorney Fort Worth Police Department 350 West Belknap Street Fort Worth, TX 76102 Dave Greszler Texas Industrial Security Inc. One Summit Avenue, Suite 404 Fort Worth, TX 76102 817-335-3046 The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not constitute a waiver or relinquishment to any extent of City's or Consultant's right to assert or rely upon any such term or right on any future occasion. 18. Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services and proposed services with respect to the subject matter of this agreement. In the event that any conflicts of interest arise after the Effective Date of this agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. 19. Proprietary Information. The City acknowledges that Consultant may use products, materials or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain Agreement for Professional Services Page 8 of 11 any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Consultant understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. 20. Confidentiality. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 21. Media Inquiries. Consultant, its officers, agents and employees, shall not discuss services provided hereunder or any information related to any services performed hereunder with any member of the media without prior written approval of the City. 22. 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 be in any way affected or impaired. 23. Headings not Controlling, Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.] Agreement for Professional Services Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective and controlling as to the obligations set forth herein beginning on October 1, 2010, regardless of the date of actual execution. CITY OF FORT WORTH Tom Higgins Assistant City Manager Signature: �� Date: ��/y� D Jeffrey W. Halstead Chief of Police Signature: Date: l�'�' j APPROVED AS TO FORM AND LEGALITY: Monica Wofford Wood Assistant Signature: Attorney �v Date: � / � � ATTEST: City Secretary ��o-5-a�► TEXAS INDUSTRIAL SECURITY, INC. Dave Greszler Private Investigator/Sales Signature: _ � `� Date: l� ���/ `% Authority r.-24s�2 Contract Number: Agreement for Professional l�o VN�i�Ti�9 T� Page 10 of 11 "EXHIBIT A" HOSPITAL GUARD SERVICES RESPONSIBILITIES OF CONSULTANT (TIS) CONSULTANT HOSPITAL GUARD PROCEDURES The Consultant Security Officers are responsible for maintaining custody of assigned prisoners at medical facilities. The City jail supervisor shall make determinations as to how many TIS Security Officers are appropriate and whether or not the Security Officers should be armed. TIS Security Officers must arrive at the designated hospital within one hour of TIS receiving a request from City to perform guard services. Prisoners are to be restrained in accordance with instructions provided by the City's Police Officers when inmates are received at the medical facility. When the prisoner is being released from the hospital, Consultant will call the on -duty jail sergeant and request that a transport officer come to JPS to transport the prisoner back to the jail. All requests for service and transport will be communicated to the City's on -duty jail sergeant. Consultant's Dispatch telephone number is (817) 335-3046. If at any time a prisoner dies (from any cause), is injured, or escapes, the TIS Security Officers will immediately notify the on -duty Jail Sergeant at (817) 3924050. To request a FWPD Officer to transport the prisoner from jail after release, TIS Security Officers should contact the FWPD jail supervisor at 817-3924050 and request a FWPD Officer be sent to transport the prisoner back to jail. The jail supervisor will follow current FWPD policy to accomplish this request. If a TIS Security Officer has any concerns, requests, or issues with a prisoner while under guard they should contact the FWPD jail supervisor for assistance. Consultant's Security Officers shall adhere to the following at all times: • Security Officers shall not furnish any item that is not supplied by the FWPD to an inmate. This includes food, drink, reading material, writing materials, and/or the use of a cell phone. No prisoner is allowed to use any phone unless the appropriate FWPD personnel provide written authorization. • Security Officers shall not discuss a prisoner's medical condition or treatment with anyone. The only exception is when a medical condition might affect the use of certain restraint devices, and then the communication should only be with other officers. • Security Officers shall not provide any medical assistance to the prisoners and instead shall contact a member of the medical staff if an inmate requires medical attention. • In the case of an inmate death, the Security Officer shall immediately contact TIS, and the Consultant shall then immediately contact the City jail supervisor. • Security Officers shall ensure that the prisoner has access to the hospital "call button" at all times. • Security Officers shall not discuss security procedures with the medical staff or others, unless it is absolutely relevant to the medical treatment of a prisoner. • Security Officers shall not have visitors while on post. • Security Officers shall not leave post for any reason during their shift. • Security Officers must remain on post until their relief arrives. • Security Officers are required to know and understand the FWPD security rules and TIS security policy. "EXHIBIT B" DUTIES AND RESPONSIBILITIES OF CITY FWPD Officer Procedure for Handling Guard Duties at Hospitals If a FWPD Officer needs to take a FWPD prisoner to the hospital after arrest and before transport to the FWPD jail, the officer shall transport the prisoner to JPS Hospital for treatment as usual. The FWPD Officer can then request the services of TIS after either of the two following conditions are met: 1. The FWPD officer has waited at the hospital for a minimum of two hours and the A/P has not been admitted to the hospital. 2. The A/P has been admitted to the hospital regardless of how long the A/P has been at the hospital. The following will apply to requests that TIS guard a prisoner at a hospital: 1. FWPD Officers shall contact the jail supervisor to request that TIS take over the guard services. The FWPD officer shall at that time communicate the details of the arrest as well as any concerns about a prisoner (extremely violent, needs extra guard, or has a special physical need, etc.) so the jail supervisor can make appropriate decisions; 2. The jail supervisor shall make determinations as to how many TIS Security Officers are appropriate and whether or not the officers should be armed; 3. The jail supervisor will contact TIS dispatch at 817-335-3046; and 4. FWPD Officers shall ensure that arrested persons are restrained appropriately with handcuffs to the bed or wheelchair when the TIS Security Officers arrive; exceptions to this practice should be approved by the jail supervisor prior to contacting TIS. [END OF EXHIBITS] r • '• Page 1 of 1 • • • • • COUNCIL ACTION: Approved on 9/28/2010 DATE: Tuesday, September 28, 2010 LOG NAME: 35JPSGUARDSVC2010 REFERENCE NO.: C-24502 SUBJECT: Authorize a Professional Services Contract with Texas Industrial Security, Inc., for an Estimated Amount Not to Exceed $145,000.00 for Providing Guard Services for Fort Worth Prisoners Admitted to John Peter Smith Hospital RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a professional services contract in an amount not to exceed $145,000.00 to Texas Industrial Security, Inc., Fort Worth, Texas for providing guard services for the City of Fort Worth prisoners admitted to John Peter Smith Hospital; 2. Authorize the contract term to be October 1, 2010 through September 30, 2011; and 3. Authorize the agreement to be extended for four one-year periods without further action by the Council. DISCUSSION: The City of Fort Worth executed a contract with the City of Mansfield to provide jail detention services beginning in Fiscal Year 2006 with M&C C-21611. The Council authorized the agreement to be extended for up to nine one-year terms in addition to the base year. The contract required Mansfield to provide guard services, at an additional charge, when a prisoner is guarded at a hospital. Mansfield notified the City, through the Police Department, that the guard services could not be provided beyond September 30, 2010. This professional services contract will be awarded according to the procedures of the Professional Services Procurement Act, Texas Government Code 2254. Texas Industrial Security, Inc., (TIS) is a local woman -owned security company and possesses the highest qualifications necessary to perform the requirements of guarding prisoners admitted to a hospital. TIS is licensed by the Texas Department of Public Safety as an Investigation/Security Contractor Guard Company and has been in business for 41 years. TIS will provide armed and unarmed hospital guard service and has over 100 officers trained to guard inmates in a variety of locations. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. FROM Fund/AccountlCenters Thomas Higgins (6192) Jeffrey W. Halstead (4231) Monique Lee (4221) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14205&print=true&DocType=Print 10/S/2010