HomeMy WebLinkAboutContract 56871 City Secretary Contract No. 56871
FORT WORTH,
""I,
SUPPLIER SERVICES AGREEMENT
National Security&Protective Service Inc.
This VENDOR 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 its duly authorized Assistant City Manager, and National Security & Protective Service Inc.
("Vendor"), a Texas Corporation and acting by and through its duly authorized representative, each
individually referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents will 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 will control.
1. Scone of Services. Supplier will provide security guard services for City Departments
("Services"),which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for
all purposes.
2. Term. This Agreement begins on December 15, 2021 ("Effective Date") and expires on
December 14, 2022 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same
terms and conditions,for up to four one-year renewal option(s) (each a"Renewal Term").
3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit`B,"which is attached hereto and incorporated herein for all purposes.Total compensation
under this Agreement will not exceed the amount of One million eight thousand five hundred twenty
dollars($1,008,520.00). Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement
FT. WORTH, TX
4. Termination,
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice oftermination.
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 Vendor
of such occurrence and this Agreement will 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 will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will 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, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will 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.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must 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,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit.Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement,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,
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papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor.It is expressly understood and agreed that Vendor will 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, Vendor will 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondent superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will 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,contractors,orcontractors.
8. LiabiliLy and Indemnification.
8.1 LIABILITY- VENDOR WILL 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
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'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
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 will not apply if
City modifies or misuses the software and/or documentation.So long as Vendor bears the cost
and expense of payment for claims or actions against City pursuant to this section, Vendor
will 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 will
have the right to fully participate in any and all such settlement, negotiations, or lawsuit as
Vendor Services Agreement Page 3 of 12
necessary to protect City's interest, and City agrees to cooperate with Vendor 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 will 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,Vendor will fully participate and cooperate with City in defense of such claim
or action. City agrees to give Vendor 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 will not eliminate Vendor'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, Vendor will, 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 Vendor terminate this Agreement, and refund all
amounts paid to Vendor 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.Vendor will 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 will execute a written agreement with City and Vendor under which the
assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor
will be liable for all obligations of Vendor under this Agreement prior to the effective date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. In addition to the insurance requirements as listed below the Contractor shall
provide security/law enforcement coverage with a minimum coverage amount of$1,000,000.00 and furnish
certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence
thereof. Vendor must 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 Services 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:
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$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will 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 Services are 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
(d) Professional Liability(Errors&Omissions): ❑Applicable ❑N/A
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must 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 will not constitute a waiver of the insurance requirement.
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(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws. Ordinances.Rules and Regulations.Vendor agrees that in the
performance of its obligations hereunder, it will 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will 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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR 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 will 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 VENDOR:
City of Fort Worth Danny Elmore
Attn: Assistant City Manager Director of Operations
200 Texas Street National Security&Protective Services Inc.
Fort Worth,TX 76102-6314 8553 N.Beach
Facsimile: (817) 392-8654 Fort Worth,TX 76244
(214)299-8772 Ext. 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 EmIlloyees. Neither City nor Vendor will, 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 will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by eitherparty.
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.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law /Venue. This Agreement will be construed in accordance with the laws
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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 will 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 will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will 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; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will 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 will 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 will 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 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.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will,for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
25. Warranty of Services. Vendor 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 Vendor's
option, Vendor will 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 Vendor for the nonconforming
services.
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26. Immigration Nationality Act. Vendor must verify the identity and employment eligibility of
its employees who perform work under this Agreement,including completing the Employment Eligibility
Verification Form(I-9).Upon request by City,Vendor will provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement.Vendor
must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that
no services will be performed by any Vendor employee who is not legally eligible to perform such
services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
27. Ownershin of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures, guides, and documentation that are created,published,displayed,or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will 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 will 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 will 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,Vendor 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 they have
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,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
29. Change in ComVanv Name or OwnershiU. Vendor must 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 Vendor 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. No Boycott of Israel.If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the 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"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
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31. Prohibition on Boycotting Energy Com an nies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement.
32. Prohihition on Discrimination Against Firearm and Ammunition industries.Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association.The terms"discriminate,""firearm entity"and
"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor:(1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
33. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
34. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,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.
(Signature page follows)
Vendor Services Agreement Page 9 of 12
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
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 ec 1 ,202115:56 CST) this contract,including ensuring all performance and
Name: Jesus Chapa reporting requirements.
Title: Assistant City Manager
Date: Dec 17,2021 KK
By:
Name: Kevin Kemp
APPROVAL RECOMMENDED: Title: Asst. Public Facilities/Events Director
APPROVED AS TO FORM AND LEGALITY:
Michael E Crum(Dec 17,202115:35 CST)
By:
Name: Michael Crum
Title: Public Events Director By:
Name: Taylor Paris
ATTEST: Title: Assistant City Attorney
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By: Jannette S.Goodall(Dec 20,202106:48 CST) Form 1295.2021-825379
Name: Jannette Goodall o44Uan��
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VENDOR: a��rEXASaap
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Name: Dannyf re
Title: Direcfor of Operations
Date: December 15, 2021
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement
FT. WORTH, TX
City Secretary Contract No. Click or tap here to enter
text.
EXHIBIT A SCOPE, OF SERVICES
1.0 CONTRACTOR RESPONSIBILITIES—Contractor will
1.1 Have a minimum of 2 (two)years of experience conducting services similar or related to
the Scope of Services.
1.2 Have and operate a full-time,permanent business address with the ability to be reached
by email and telephone.
1.3 Provide the City with security guards that are able-bodied workers, who will be clean,
appropriately dressed for the assignment,and be no less than 18 years of age and possess
a valid government identification.
1.4 Furnish manpower labor, all job-related materials, including uniforms, identification,
office supplies, including logs and other equipment necessary to perform such work as
identified in the solicitation.
1.5 Furnish armed and unarmed, uniformed, security personnel and specified equipment as
stipulated by the City.
1.6 Employ a staff that is skillfully trained in the duties of performing security guard services.
The Contractor is required to provide all job-related training to security guard personnel
assigned to this Agreement.
1.7 Ensure all security work performed under this Agreement will be performed with utmost
regard to the security and safety of the assigned security guards, City's staff, building
tenants,the general public and citizens.
1.8 Provide, prior to the effective date of the Agreement, to the using departments a
complimentary copy of the company's Employees Rules and Regulations Manual.
1.9 Provide a copy of the current Contractor's Employees Rules and Regulations Manual to
all security guard personnel at the time of hiring and before the active duty date or
effective date of the Agreement,whichever is the earliest.
1.10 Terminate,upon immediate notification, any security guard personnel who, in the City's
opinion based on observation,is determined to be incompetent as it relates to attendance
and/or adhering to applicable rules and regulations set forth by the parties of the
Agreement.
1.11 Be responsible for obtaining and understanding special specifications requirements for
each City site.
1.12 Perform pre-employment background check on all potential employees prior to hiring the
employee.
1.13 Ensure that any security guard personnel hired to perform under this Agreement is not a
convicted felon,or a person with any felony allegation pending.
1.14 Have a "drug-free" policy for all personnel and provide documentation to City
Departmental Project Managers that periodic drug testing is being conducted by an
approved medical laboratory on all personnel assigned to this Agreement. The Vendor
Vendor Services Agreement Page 12 of 12
will test four random security guards a month.The City of Fort Worth may request testing
more often for their specific posts.
1.15 Be responsible for providing direct supervision to its security personnel and designate a
manager who must be available between the hours of 8:00 AM and 5:00 PM on weekdays
in the event a City official needs to consult him/her regarding personnel matters.Prior to
effective date of the Agreement,the Contractor will meet with each department liaison to
review post orders and security handbook.
1.16 Provide the name and telephone number of the company official who has, implied or
expressed, supervisory authority to represent the company. Supervision will include
unannounced on-site inspections as reflected herein.
1.17 Be required to provide two (2) on-site visits on a weekly basis to each location where
security guard services are being performed under the Agreement, unless otherwise
specified by the using department.
1.18 Provide an after-hours emergency telephone number for contacting a supervisor or
manager. The City may have cause to contact the Contractor in the event of an accident,
or failure of the security guard to report to duty.The use of a telephone answering device
or service is prohibited.
1.19 Be required to provide signed records to the City's Departmental project manager
indicating that security guards have been trained, including any required continuing
education for level 3 officers or additional training for changes in posts or to the SOP,
and understand their assignments. Guards will not be permitted to serve at the location
without the signed document. Vendor is required to maintain a copy to be held in a
personnel file for each location and department using security guards.
1.20 Maintain proper safeguards and will assume legal responsibility and any risk its personnel
may assume in performing security guard services under this Agreement.
1.21 Be able to provide security guards within eight(8)hours of the phone request and if the
City is not contacted and/or provided with a security guard within that time period the
City reserves the right to contact another source for service and charge the Contractor the
difference,if any.
1.22 Appoint one (1) person who is an employee of the Contractor who will be the liaison
between the City and Contractor. Phone number, email, fax, and emergency phone
number of employee will be provided to the City upon award.
1.23 Respond to calls, voicemails and emails within one (1) hour during normal business
hours.
1.24 Identify a designated person for communication with the City and to represent Contractor.
1.25 Furnish time sheets weekly via email with names of the workers to the City
representative. The hours worked by each worker will be documented on this form.
1.26 Be responsible and liable for the safety,injury and health of its working personnel while
its contract workers are performing their duties on City property.
1.27 Prepare payroll checks, make all necessary deductions and pay all taxes and insurance
required by Federal, State,and Local laws.The Contractor accepts full responsibility for
the payment of wages, compensation and benefits to personnel. The Contractor accepts
responsibility for payment of all taxes, assessments, fees, and fines that may be due and
owing to any Local, State or Federal government agencies.
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1.28 To the extent permissible by the law,conduct a background check on all security guards
sent to the City.At any time the City may request a copy of background check records.
1.29 Ensure that no security guard will arrive on City premises with any type of firearms or
weapons,drugs or alcohol.
1.30 The only exemption to the above is for pre-approved armed security guards to carry a
pre-approved firearm per the Department's requests and specifications.
1.31 Quickly provide a replacement guard in the event the scheduled guard does not show up,
calls in absent or is sent home.
1.32 Not use City property to conduct personal business for private gain or endeavor. In
conjunction with these specifications, all City property, including telephones and
computers,will be used for official City business.
1.33 Be responsible for any long distance telephone calls or theft by contracted employees.
1.34 Prohibit its employees from disturbing papers on City staff desks, opening desk drawers
or cabinets, or utilizing office equipment and supplies furnished by the City for official
use.
1.35 Use its best efforts, unless prohibited by law, to provide additional security guard
personnel as may be requested by the City to maintain order by reason of a strike by
clients, employees, civil disturbance, not, or any similar emergency at the current
Agreement rate.
1.36 Be responsible for providing security guard personnel with suitable,custom-fit uniforms.
Style,type,color and dress code standards will have prior approval by the City.Uniform
requirements will be of the law enforcement style.All uniforms will be properly labeled
and include nametag.
1.37 Consider local weather conditions in determining the grade and style of the uniform.
However,the Contractor will provide the appropriate seasonal outer garments including
winter jackets and rain gear for cold or inclement weather.
1.38 Be responsible for providing all required accessories and equipment to its security guards
so that each may perform the duties of a security guard as required by this Agreement.
1.39 Promptly provide additional personnel within a shorter period of time than specified in
an event or crisis that the City deems an emergency. However, the starting time will be
mutually agreed upon by parties to the Agreement.
1.40 Be responsible for scheduling its personnel so as to not encounter overtime. Security
guards assigned to this Agreement are to be paid a minimum per hour amount straight
time, including weekends and holidays. Unless other- wise, approved by the using
department, overtime rates will not be paid for additional hours worked by an employee
beyond an eight(8)hour shift.
1.41 Verify with each facility all closing days and relay information to employees.
2.0 SECURITY GUARD SPECIFICATIONS-Workers will
2.1 Be capable of working in public areas,able to work with City clients, show attendees,
and must be willing to follow instructions from City supervisory personnel
2.2 Be professionally dressed and neatly groomed,and must conduct himself/herself in a
manner that is consistent with the professional standards set by the City and its
Vendor Services Agreement Page 12 of 12
employees while on City of Fort Worth property.
2.3 Remain on City-owned property only during assigned work schedule shift,unless
otherwise approved by an authorized City official.
2.4 Comply with all safety and security standards and other regulations set forth by the City
for performing security guard services at City-owned facilities.
2.5 Be required to provide their own transportation to and from their assigned work site.
2.5.1 The City will not reimburse mileage or parking.
2.6 Be prohibited from performing duties while under the influence of alcohol or illegal
drugs,or if performance is impaired,while under the influence of lawfully prescribed or
over-the-counter drugs. If in the opinion of the City,a laborer is suspected of being
impaired due to the influence of illegal drugs or lawfully prescribed or over the counter
drugs or alcohol,the laborer may be rejected at any time during the shift. Workers may
be subject to random drug and alcohol testing in accordance with the City's regulations.
2.7 Not be payed if they leave a worksite without permission. Payments will be rendered
only for hours worked.
2.8 Not bring personal belongings to the worksite other than meals, snacks or items needed to
perform work.
2.9 Not have visitors(including family members)at the worksite during the course of the
work shift,unless they are,in fact,workers of the Contractor assigned to that worksite.
2.10 Not use City property to conduct personal business for private gain or endeavor. In
conjunction with these specifications,all City property,including telephones and
computers,will be used for official City business.
2.11 Be at least 21 years of age,possess a high school diploma or GED equivalent and have at
least three (3)years' experience in this field. Security Guards will possess the ability to
meet and interact with the general public and the ability to speak clearly. (Bilingual—
English and Spanish—is helpful but not required). The candidate must be able to follow
instructions carefully,write legibly,prepare clear and concise written reports,apply logic
and exercise integrity when dealing with law enforcement or medical personnel. Security
Guards will have the ability to maintain poise and self-control under stress.
2.12 Possess good eye vision that is either 20/20 or correctable to 20/20 or otherwise does not
inhibit the duties needing to be performed as determined by the City and Vendor,
inclusive of corrected eyewear. Cannot be colorblind. The candidate must have the
natural ability to hear,or equipped with hearing aid.
2.13 Be well proportioned in height and weight and in good health without physical
impairments that may interfere or impede job performance.
2.14 Be responsible for the overall security of the site facilities including building interiors,
exteriors,surrounding grounds,perimeter fence, and construction areas.
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2.15 Be required to perform a variety of tasks dealing with safety and security of City
employees and patrons who use the facilities,including but not limited to the following:
2.16.1 Surveying City facilities and grounds for security breach;
2.16.2 Locking and unlocking gates and facilities;
2.16.3 Motorized patrol
2.16.3 Preparing written reports;
2.16.4 Controlling entry to site areas,directing traffic,responding to various
emergencies;
2.16.5 Securing the area,checking identification,assisting the staff during inclement
weather and;
2.16.6 Providing a safe environment for the public, enforcing departments' security
policies,notifying local law enforcement of probable offense,assist in and/or
apprehend violators in the absence of local law enforcement,respond to alarm
system,including notifying the local law enforcement.
2.17 Have knowledge of on-site intrusion devises and the location of the system control board
including fire alarm systems,fire hydrants,fire extinguishers for intended use and location
of doors accessible to the public,including designated door for handicapped and disabled
persons.
2.18 Assist,at closing,City personnel to set alarms and properly secure all buildings and
premises;complete appropriate timesheet,accident reports, and any other documents
required by the City.
2.19 Not use City telephones for personal use; engage in conversation with the staff or patrons
about subjects not related to the security of the facilities;use personal mobile phone,
unless during lunch and breaks; eat in public areas while on duty; entertain family,friends,
or other visitors while on duty; and sleeping or the appearance of sleeping.
2.20 Remain on post until a relief arrives. Security Guard duties will cease when security guard
is relieved by another Contractor security guard or a City of Fort Worth Department
security guard.
2.21 Have an identification card that contains the employee's name, identification number(ID),
and the employer's name.
2.21.1 The employee is required to visibly display the ID card on the front of the
uniform at all times while on duty at a City facility.
2.22 Be equipped with a mobile phone or two-way radio in the event backup assistance is
required.Additionally,items to be provided are as follows:
2.22.1 Flashlights,notebook binders,pens.
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2.22.2 The brand of the two way radio used by security guards will be approved by the
City prior to being used.
2.23 The listed duties shown in the solicitation are only illustrative and are not intended to
describe every function that may be performed by this job class.The omission of specific
statements does not preclude the City from assigning specific duties not listed if such
duties are a logical assignment to the position.
3.0 DEPARTMENT SPECIFIC SPECIFICATIONS—The vendor will abide by the following when
working with either of the Departments below:
3.1 ECONOMIC DEVELOPMENT
3.1.1 One unarmed security guard will be needed for this Department.
3.1.2 The security guard will cover the facilities coordinator whenever he is out of
office,i.e.vacation.
3.1.3 The security guard will be assigned at the Guinn Complex which includes three
buildings:
3.1.3.1 1150 South Freeway Fort Worth TX, 76104
3.1.3.2 1120 South Freeway Fort Worth,TX 76104
3.1.3.3 600 E. Rosedale,Fort Worth,TX 76104
3.1.4 The security guard will work Monday through Friday from 3pm— 7pm.
3.2 CODE COMPLIANCE
3.2.3 Location One Details
3.2.3.1 6260 Old Hemphill Drop Off Station(DOS)#3 Fort Worth TX,76134
3.2.3.2 Three officers will be needed in rotation per day for this Department at
this location.
3.2.3.3 The Security guards will need to be armed.
3.2.3.4 Hours of work will be 6PM-6AM(overnight)Monday to Sunday
including holidays.
3.2.3.4.1 A Code Compliance Superintendent will provide the
security guards with the shift breakdown.
3.2.3.4.2 No overtime will be allowed at this location unless
approved beforehand by a City of Fort Worth Code
Compliance Superintendent.
3.2.3.5 If a security guard cannot work a shift they will provide the Point of
Contact with 48 hours' notice.
3.2.4 Location Two Details
3.2.4.1 Hazel Harvey Peace Center for Neighborhoods(HHP) 818 Missouri
Avenue,Fort Worth,TX 76104
3.2.4.2 One full-time unarmed security guard will be needed for this
Department at this location.
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3.2.4.3 In the future,the Department will consider having an armed guard at
this location,but currently only has unarmed guards at this current
location.
3.2.4.4 Hours of work will be 7AM-5PM Monday to Friday including
occasional Sat and Sun depending on classes and trainings provided at
HHP.
3.2.4.4.1 Overtime will be allowed at this location and will be
overseen by a Code Compliance management analyst.
3.2.4.5 If a security guard cannot work a shift they will provide the Point of
Contact with 48 hours' notice.
3.3 PUBLIC EVENTS
3.3.3 Six armed and/or unarmed security guards will be needed for this Department.
One will be needed for shift 1,two guards will be needed for shift 2, and three
guards will be needed for shift 3.
3.3.4 Each guard will work 8 hours a day with a 30 min lunch Monday-Sunday.
3.3.5 The shifts will be broken up as below:
3.3.5.1 Shift 1: 7AM-3:30PM
3.3.5.2 Shift 2: 3PM— 11:30PM
3.3.5.3 Shift 3: 11PM-7:30AM
3.3.6 The locations for this Department will be primary at Will Rogers Memorial
Center: 3401 W. Lancaster,Fort Worth TX, 76107 with occasional need to
work at the Fort Worth Convention Center: 1201 Houston Street,Fort Worth,
TX 76102.
3.3.7 The Contractor will provide signed records to the Department indicating that
security guards have been certified,trained and understand their assignments.
Guards will not be permitted to serve at the location without the signed
document.A copy will be held on file with the Pubic Events Department.
3.3.7.1 The Contractor will employ security guards that are certified at
minimum of Level 2 in the State of Texas.
3.3.7.2 The Contractor will provide security guards that are certified in CPR.
3.3.7.3 Security guards will be required to receive a minimum of 8 hours per
year of continuing education from a training facility or program
certified by the State of Texas.
3.3.8 The Contractor is responsible for obtaining and understanding special
specifications requirements for the Pubic Events Department.
3.3.9 Non-Emergency Situations: The Pubic Events Department Memorial Center
agrees to notify the Contractor immediately,but not less than twenty-four(24)
hours of its requirement for additional security guard security.
3.3.10 Emergency Situations: In an event or crisis the Pubic Events Department deems
an emergency may require the Contractor to promptly provide additional
personnel within a shorter period of time than specified,but at a starting time
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mutually agreed upon by parties to the Agreement.
3.4 MUNICIPAL COURTS
3.4.3 One unarmed security guard will be needed for this Department.
3.4.4 The security guard for this Department will be located at the Fort Worth
Municipal Court building(southwest corner of the Public Safety building)
1000 Throckmorton
Fort Worth TX, 76102
3.4.5 The security guard will work Saturday-Friday, 11 PM-IAM
3.5 WATER
3.5.3 One unarmed security will be needed at each location for this Department.
3.5.4 The locations and hours of work are as follows below:
3.5.4.1 Location 1:
Monday through Friday 7:00 AM-5:30 PM excluding holidays
Downtown City Hall Annex Building
908 Monroe St.
Fort Worth,TX 76102
3.5.4.2 Location 2:
Monday through Friday 6:00 AM-6:00 PM excluding holidays(as
needed)Rolling Hills Water Treatment Plant
2800 South East Loop 820
Fort Worth,TX 76140
3.5.4.3 Location 3:
Monday through Friday 6:00 AM- 6:00 PM excluding holidays(as
needed)North Holly Water Treatment Plant
920 Fournier St.
Fort Worth,TX 76102
3.5.4.4 Location Four:
Monday through Friday 6:00 AM-6:00 PM excluding holidays(as
needed)Village Creek WRC
4500 Wilma Ln.
Arlington,TX 76012
3.5.5 The Contractor will respond and supply requested security guard services
required within a 45-minute response time or less for reporting to any one of the
Water Location(s)from the time original request is made by the Water
Department.
3.6 PARKS AND RECREATION
3.6.3 This Department will require one unarmed security guard for each shift.
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3.6.4 Guards will be required to use the centers "sign in" sheet showing the date and
time that they worked and validated by signature by the center supervisor or
designee. These "sign in"sheets will be used to agree and reconcile the
Contractor's invoices.
3.6.5 The works hours and location for this department are as follows below:
Location Day Time
Diamond Hill Monday I IAM— 8PM
Community Center: Tuesday I IAM— 8PM
1701 NE 36th St. Wednesday I IAM— 8PM
Fort Worth,TX, 'Thursday I IAM— 8PM
76106 Friday 1PM—6PM
Saturday 10AM—2PM
Sunday Closed
3.7 LIBRARY
3.7.3 This Department will require a total of 2-3 unarmed security guards during the
week and 1 unarmed security guard on the weekend.
3.7.4 The location for this service will be located at the Fort Worth Public Library-
Central:
500 W. 3rd St.
Fort Worth,TX 76102
3.7.5 The security guards will work the below times and days:
3.7.5.1 Mondays 11:45 AM— 8:15 PM
3.7.5.2 Tuesdays,Wednesdays,Thursdays 9:45 AM— 8:15 PM
3.7.5.3 Fridays and Saturdays 9:45 AM— 6:15 PM
3.7.5.4 Sundays 11:45 AM— 6:15 PM
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City Secretary Contract No. Click or tap here to enter
text.
EXHIBIT B
PAYMENT
SCHEDITL.E
Description UOM Qty Unit Price Total
Guard, Security, Unarmed, HR 1,820 $ 19.98 $ 36,363.60
Economic Development
Guard, Security, Armed, Location HR 4368 $ 22.87 $ 99,896.16
One, Code Compliance
Guard, Security, Unarmed, HR 2600 $ 19.98 $ 51,948.00
Location Two, Code Compliance
Guard, Security, Armed, Location HR 2600 $ 22.87 $ 59,462.00
Two, Code Compliance
Guard, Security, Armed, Shift 1, HR 3094 $ 22.87 $ 70,759.78
Public Events
Guard, Security, Armed, Shift 2, HR 3,094 $ 22.87 $ 70,759.78
Public Events
Guard, Security, Armed, Shift 3, HR 3,094 $ 22.87 $ 70,759.78
Public Events
Guard, Security, Unarmed, Shift HR 3,094 $ 19.98 $ 61,818.12
1, Public Events
Guard, Security, Unarmed, Shift HR 3,094 $ 19.98 $ 61,818.12
2, Public Events
Guard, Security, Unarmed, Shift HR 3,094 $ 19.98 $ 61,818.12
3, Public Events
Guard, Security, Unarmed, HR 728 $ 19.98 $ 14,545.44
Municipal Courts
Guard, Security, Unarmed, HR 2730 $ 19.98 $ 54,545.40
Location One,Water
Guard, Security, Unarmed,
Locations Two,Three & Four, HR 9360 $ 19.98 $ 187,012.80
Water
Guard, Security, Unarmed, M-Th, HR 1404 $ 19.98 $ 28,051.92
Parks and Recreation
Guard, Security, Unarmed, Friday, HR 260 $ 19.98 $ 5,194.80
Parks and Recreation
Guard, Security, Unarmed, HR 208 $ 19.98 $ 4,155.84
Saturday, Parks and Recreation
Vendor Services Agreement Page 12 of 12
Guard, Security, Unarmed, HR 468 $ 19.98 $ 9,350.64
Monday, Library
Guard, Security, Unarmed, HR 1716 $ 19.98 $ 34,285.68
Tuesday-Thursday, Library
Guard, Security, Unarmed, Friday- HR 936 $ 19.98 $ 18,701.28
Saturday, Library
Guard, Security, Unarmed, HR 364 $ 19.98 $ 7,272.72
Sunday, Library
Total: $ 1,008,519.98
Vendor supplied security guards will clock in and out for work to ensure their billable time is appropriately
tracked.Security guards will be required to keep their phones with them at all times to ensure their location
may be appropriately tracked with GPS to ensure they remain at the appropriate locations in accordance
with their clock in and out entries,as scheduled and required by the Agreement.
Vendor will submit invoices to the City as often as every two weeks,but no less often than every month.
Each submitted invoice must include the date of submittal,vendor contact information,and security guard
total billable hours for the appropriate time period indicated on the invoice. City will have 30 days to
submit payment from receipt of an appropriately completed invoice. Should the City dispute an invoice,
or should either parry discover that a submitted invoice is inaccurate or otherwise incomplete,the Vendor
will be required to correct the invoice within 30 days of notification by the City or from discovery by
Vendor of the error. The City will have 30 days to submit payment from receipt of the corrected invoice.
Vendor Services Agreement Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0955
LOG NAME: 13P 21-0200 SECURITY GUARD SERVICES MGF
SUBJECT
(ALL)Authorize Execution of an Agreement with National Security&Protective Services, Inc. for an Annual Amount Up to$1,008,520.00 for
Security Guard Services for City Departments and Authorize Four One-Year Renewal Options for the Same Amount and Ratify Expenditures in the
Amount of$25,000.00 for City Departments
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with National Security&Protective Services, Inc., for an annual
amount up to$1,008,520.00 for security guard services for City departments and authorize four one-year renewal options for the same amount and
ratify expenditures in the amount of$25,000.00 for City Departments.
DISCUSSION:
The Economic Development, Code Compliance, Public Events, Municipal Courts, Water, Park and Recreation, and Library departments
approached the Purchasing Division to procure an annual agreement for security guards. The departments will utilize this agreement for armed
and unarmed security officers at public libraries, community centers,the Business Assistance Center,water treatment plants,the Hazel Harvey
Peace Center, municipal office buildings and other facilities as needed. This agreement will be used to protect City of Fort Worth(City)properties,
City employees, and the general public during business hours and after hour operations.
This Invitation To Bid(ITB)was advertised in the Fort Worth Star-Telegram on October 6, 2021, October 13, 2021, October 20, 2021, October 27,
2021, and November 3, 2021. Eight responses were received, National Security&Protective Services, Inc., Vets Securing America, Blue
Security, LLC, DFW Security Protective Force, Inter-com Security Systems, Inc, L&P Global Security, LLC, Lone Star Protection and Security,
LLC, and On Guard Security Services.
Blue Security, LLC, DFW Security Protective Force, Inter-com Security Systems, Inc, L&P Global Security, LLC, Lone Star Protection and
Security, LLC, and On Guard Security, Inc. were deemed non-responsive by Purchasing because they did not submit all the required information
and/or documentation. The remaining bids were evaluated by using Best Value criteria,which included purchase price, bidder's experience,
qualifications, references, availability to provide resources, bidder's approach to perform services, and bidder's ability to maintain adequate
staffing to fully execute the agreement and be on the job site during the timeframe of being notified of services. After evaluation,
the panel concluded that National Security&Protective Services, LLC. presented the best value to the City and therefore recommends the
security guard agreement to National Security&Protective Services, LLC.
Further, it is requested that City Council ratify expenditures in the amount of$25,000.00. This expenditure is needed for security guard services for
City Departments the last week of November and the month of December.
BUSINESS EQUITY-National Security&Protective Services, Inc. a certified Business Equity Firm, is in compliance with the City's Business
Equity Ordinance by counting 100%of it's self-performance services towards meeting the Business Equity goal on this project. The City's
Business Equity goal on this project is 11%.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the City Manager up to the amount allowed
by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been
appropriated.
AGREEMENT TERMS-Upon City Council approval, each agreement shall begin upon execution and expire one year from that date.
RENEWAL OPTIONS-The agreement may be renewed for four(4)additional one-year renewal periods. This action does not require specific City
Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating
departments' Operating Funds to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure
being incurred,the participating departments have the responsibility to validate the availability of funds.
Submitted for City Manager's Office W. Jay Chapa 5804
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Cynthia Garcia 8525
Megan Fowler 2057