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HomeMy WebLinkAboutContract 42917 • CITY SECRETARY CONTRACT NO. 6 l � AGREEMENT FOR PROFESSIONAL SERVICES This agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Texas Industrial Security, Inc., a Licensed Investigation/Security Guard Company ("Company"), acting by and through Dave Greszler, its duly authorized representative. RECITALS 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, Company employs over 100 personal 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 Company desire to enter into a contract whereby Company will provide guard services for the benefit of the City. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the parties agree as follows: 1. SERVICES Company 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. 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 ("TCLEOSE") security officer licenses or Department of Public Safety "Private Security Bureau" licenses. 3. INSURANCE During the term of this Agreement, Company shall procure and maintain at all times, in full force and effect, an insurance policy or policies that pro vid�)_the-specific-coverage set forth in this Section as well as any and all other public risks relytj�ltpl� 'i-lpftp �ertormance of its Agreement with TIS for Guard Services at .IPS uITY ".xL,-RE-TAR" Page - I - of 12 obligations under this Agreement. Company shall specifically maintain the following types of insurance at the following limits: • General Liability Insurance: An annual certificate of insurance submitted to the City shall be evidence of coverage which includes the professional services contracted herein. Coverage shall be in the following amounts: $1,000,000 per occurrence or claim $2,000,000 aggregate • 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. Company shall promptly provide the City with certificates of insurance that verify Company's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Company's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of coverage. Company shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. 4. ASSIGNMENT Company 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 attempted assignment or subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. 5. CONSIDERATION City agrees to pay Company 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 of 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 Company shall be made by City following receipt by City from Company of a signed and approved invoice. Invoices shall be addressed to the City of Fort Worth, Police Department, attention Jail Operations, 350 West Belknap, Fort Worth, Texas 76102, and shall be post marked no later than the 15`" day of the month following that month in which the charges were incurred. Agreement with TIS for Guard Scr%ices at JPS Page - 2 - of l 2 6. TERM Services shall be provided by Company for a term beginning October 1, 2011 ("Effective Date") and ending on July 31, 2012, unless this agreement is terminated as set forth herein. 7. INDEMNIFICATION COMPANY COVENTANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANYA ND 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 OF 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 CURSED, IN WHOLE OR IN PART, BY ALLEGED NEFLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY. COMPANY 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 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. COMPANY 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 COMPANY, 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. COMPANY 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. Agreement with TIS for Guard Services at JPS Page - 3 - of 12 Company 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. CONTINGENCY OF AGREEMENT It is expressly understood and agreed by and between the parties hereto that this Agreement is wholly conditioned upon the actual receipt of funds from the City and that if such funds from the City are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Agreement. City shall make all payments under this Agreement from current revenues available to the paying party. 9. TERMINATION AND FINAL PAYMENT This Agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the Agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of such termination, Company shall forward to City a final invoice for the appropriately prorated unpaid balance due on the Contract Amount for services rendered and City shall remit payment in full within sixty(60) days after the date of such invoice. 10. CURE OF BREACH Company and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms or provisions of this Agreement, each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 11. MONITORING Company covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed with the Company under this Agreement, and City shall have access at all reasonable hours to offices and records of the Company, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring, such access being subject to the limitations and requirements under the Texas Public Information Act and the Family Educational Rights and Privacy Act (FERPA). Agreement with TIS t<)r Guard Services at JPS Page - 4 - of 12 12. RIGHT TO AUDIT Company 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 Company involving transactions relating to this Agreement. Company agrees that the City shall have access during normal working hours to all necessary Company facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City should give Company reasonable advance notice of intended audits. Company 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 and 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. INDEPENDENT CONTRACTOR Company shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Company shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. The City shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, members, agents, servants, employees, or officers of the other. 14. PROPERTY LOSS City shall in no way nor under any circumstances be responsible for any property belonging to Company, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. Company shall in no way nor under any circumstances be responsible for any property belonging to City, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. 15. PROVISIONS REGARDING AGE City and Company covenant that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in the performance of this Agreement shall, in connection with the employment, advancement. or discharge of employees, Agreement with TIS for Guard Services at JPS Page - 5 - of 12 or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 16. NON- DISCRIMINATION City and Company, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Company permit its agents, employees, subcontractors or program participants to engage in such discrimination. This Agreement is made and entered into specifically with reference to Chapter 17, Article 11I, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Company hereby covenants and agrees that Company, 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 Company, its agents, employees or subcontractors. 17. SEVERABILITY The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 18. NO WAIVER The failure of City or Company to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Company's right to assert or rely upon any such term or right on any future occasion. 19. VENUE 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. 20. COMPLIANCE WITH LAW Company, 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 Company any such violation on the part of Company of any of its officers, agents, employees or subcontractors, then Company shall immediately desist from continuing and correct such violation. Agreement with TIS for Guard Services at JPS Page - 6 - of 12 21. DISCLOSURE OF CONFLICTS Company hereby warrants to the City that Company has made full disclosure in writing of any existing or potential conflicts of interest related to Company'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, Company hereby agrees immediately to make full disclosure to the City in writing 22. PROPRIETARY INFORMATION The City acknowledges that Company may use products, materials or methodologies proprietary to Company. The City agrees that Company's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Company 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. 23. CONFIDENTIALITY Company, 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. 24. MEDIA INOUIRES Company, 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. 25. ENTIRE AGREEMENT This written instrument, including Exhibits A-B, constitutes the entire Agreement by 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 from the terms hereof shall be void. 26. NOTICE PROVISIONS Notices to Company shall be deemed given when delivered in person to the Private Investigator/Sales Representative, or on the next business day after the mailing of said notice addressed to said Company by United States mail, certified or registered mail, return receipt requested, and postage paid at One Summit Avenue, Suite 404, Fort Worth, Texas 76102. Notices to City shall be deemed given when delivered in person to the Assistant City Manager for Public Safety of the City, or the next business day after the mailing of said notice addressed to said Assistant City Manager for Public Safety of the City by United States mail, certified or registered mail, return receipt requested, and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102. [SIGNATURES APPEAR ON FOLLOWING PAGE] APPROVED FOR TEXAS INDUSTRIAL SECURITY, INC.: CITY OF FORT WORTH: C arles W. Daniels Dave szler Assistant City Manager Private Investigator/Sales Date: 02. 14C. /,Z Date: J f rey V. Halsted Chief of Police APPROVED AS TO FORM AND LEG TY: Jessica gsvang Assistant City Attorney Date: , ATTEST: r p OUQQp0000ppON o City Secreta y d� Date: M & CNo. __ �— Contract No.: OFFICIAL C i Y `:: CRETAKY IT. VVOF�'TH, fX. "EXHIBIT A" HOSPITAL GUARD SERVICES RESPONSIBILITES OF COMPANY (TIS) COMPANY HOSPITAL GUARD PROCEDURES The Company 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, Company 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. Company'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)392-4050. To request a FWPD Officer to transport the prisoner from jail after release, TIS Security Officers should contact the FWPD jail supervisor at 817-392-4050 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. Company'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 Company shall then inunediatcly contact the City jail supervisor. • Sccurity 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. • Security Officer's shall not provide security to family members. "EXHIBIT B" DUITES AND RESPONSIBILITY 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 FWP 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 Arrested Person has not been admitted to the hospital; or 2) The Arrested Person has been admitted to the hospital regardless of how long the Arrested Person 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 determination 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] Client#: 85142 18TEXASIND ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE 11/222/202/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance&Risk Mgt n/Co,NE.,Ext):817 336-3030 ac,No: 817 336-8257 1600 West Seventh Street E-MAIL Fort Worth,TX 76102-2505 ADDRESS: 817 336-3030 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Steadfast Insurance Company 26387 INSURED INSURER B:American Guarantee and Liabilit 26247 Texas Industrial Security,Inc. INSURER C:Cincinnati Insurance Company 10677 101 Summit Ave,Ste.404 Fort Worth,TX 76102 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBS POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY X X EOL932863101 9/01/2011 09/01/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $5,000 X BI/PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE 53,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3,000,000 POLICY PRO- JECTD LOC $ C AUTOMOBILE LIABILITY X X EBA0044427 10/15/2011 10/15/201 EeBaccciden1SINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS / X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident' $ B X UMBRELLA LAB OCCUR UMB932863201 9/01/2011 09/01/2012 EACH OCCURRENCE s4,000,000 EXCESS LAB HCLAIMS-MADE AGGREGATE s4,000,000 DED I I RETENTION 5 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ❑ N/A — (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Blanket additional insured coverage for holder is subject to a written contract between the Named Insured and certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION Fort Worth Police Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 350 W Belknap ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S268544/M262022 18DGL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrfY 10/23/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Elijah Kabalka El Dorado Insurance Agency, Inc. PHONE (713)521-9251FAX N (713)521-0125 E1 Dorado Sec Srvs Ins Agy AMRE .ekabalka@eldoradoinsurance.com PO Box 66571 INSURERS AFFORDING COVERAGE NAIC# Houston TX 77266 INSURERA:Texas Mutual Insurance Company 22945 INSURED INSURER B Texas Industrial Security, Inc. INSURERC: 101 Summit Ave., Suite 404 INSURER D: INSURER E Fort Worth TX 76102 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE Vr) POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE 1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC g AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident _ 4k7 UTO BODILY INJURY(Per person) $ WNED SCHEDULED — S AUTOS BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ Per accident B OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ TENTION$ $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N(A (Mandatory in NH) SF0001085359 11/1/2011 11/1/2012 E.L.DISEASE-EA EMPLOYE $ 1,000,000 "y f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) A Waiver of Subrogation is included on the Workers' Compensation policy in favor of City of Fort Worth Police Department. CERTIFICATE HOLDER CANCELLATION gerald.chandler@fortworthg SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth Police Department ACCORDANCE WITH THE POLICY PROVISIONS. 350 Belknap Fort Worth, TX 76012 AUTHORIZED REPRESENTATIVE R.L. Ring, Jr./LY07 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSmS Tho Arnpn nn —A In——runicfur—A marlrc of arnAn City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/10/2012 DATE: Tuesday, January 10, 2012 REFERENCE NO.: ""C-25384 LOG NAME: 35TISFY12 SUBJECT: Authorize Execution of a Professional Services Contract with Texas Industrial Security, Inc., for an Estimated Amount Not to Exceed $145,000.00 to Provide Guard Services for Fort Worth Prisoners Admitted to Local Hospitals(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Professional Services Contract in an amount not to exceed $145,000.00 to Texas Industrial Security, Inc., Fort Worth, Texas, to provide guard services for City of Fort Worth prisoners admitted to local hospitals; and 2. Authorize contract term from October 1, 2011 to June 30, 2012. DISCUSSION: 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 locally owned M/WBE security company that has been in business for 41 years and is licensed by the Texas Department of Public Safety as an Investigation/Security Contractor Guard Company. TIS will provide armed and unarmed hospital guard service and has more than 100 officers trained to guard inmates in a variety of locations. M/WBE-A waiver of the goal for M/WBE subcontracting requirements was requested by the department and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. However, Texas Industrial Security, Inc., is a certified M/WBE company. 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 FROM Fund/Account/Centers GG01 539120 0353501 $145,000.00 CERTIFICATIONS: Submitted for City Manager's Office by� Charles W. Daniels (6199) Originating Department Head: Jeffrey Halstead (4210) Additional Information Contact: Christy Rodriguez (4244) ATTACHMENTS 1 funding verification doc (CFW Internal) 2 Waiver for Hospital Guard for Prisoners pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=16223&print=true&DocType=Print 1/18/2012 M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA ORT WORTH COUNCIL ACTION: Approved on 10/23/2012 DATE: 10/23/2012 REFERENCE NO.: **C-25939 LOG NAME: 35TIS AMENDMENT NO.2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Increase in the Amount of$641.26 for Final Payment Under City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a Total Contract in the Amount of$210,641.26 for Guard Services for Fort Worth Prisoners Admitted to Local Hospitals (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize an increase in the amount of$641.26 for final payment under City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a total contract in the amount of$210,641.26 for guard services for Fort Worth prisoners admitted to local hospitals. DISCUSSION: On July 24, 2012, (M&C C-25756) the City Council authorized an increase in the amount up to $65,000.00 for City Secretary Contract No. 42917 with Texas Industrial Security, Inc. (TIS) for a total contract in the amount up to $210,000.00 for guard services for Fort Worth prisoners admitted to local hospitals. This amount was based on an estimate to allow TIS to provide services through July 31, 2012. This Mayor and Council Communication is necessary to authorize an additional amount of $641.26 for the final payment to TIS for services provided through the end of the contract term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the Fiscal Year 2012 operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0353501 $641.26 Submitted for City Manager's Office by: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Aya Ealy(4239) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17578&councildate=10/23/2012 9/4/2013 M&C Review Page 1 of 2 Offidal site of the City of Fort worth, Trxas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 7/24/2012 DATE: 7/24/2012 REFERENCE NO.: **C-25756 LOG NAME: 35TIS AMENDMENT NO.1 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Increase in the Amount Up to $65,000.00 for City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a Total Contract Amount Up to $210,000.00 for Guard Services for Fort Worth Prisoners Admitted to Local Hospitals (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize an increase in the amount up to $65,000.00 for City Secretary Contract No. 42917 with Texas Industrial Security, Inc., for a total contract amount up to $210,000.00 for guard services for Fort Worth prisoners admitted to local hospitals. DISCUSSION: On January 10, 2012, (M&C C-25384) the City Council approved a professional services contract with Texas Industrial Security, Inc. (TIS), to provide armed and unarmed hospital guard service for Fort Worth prisoners admitted to local hospitals. The total amount authorized under M&C C-25384 was $145,000.00. Trends are indicating that the demand for guard services at the hospitals has exceeded the original projection. Therefore, Staff recommends increasing the contract amount with TIS by an additional $65,000.00 to cover services through the end of the contract term. The contract is based on an hourly rate fee schedule, so the contract will not need an amendment. On June 12, 2012, (M&C C-25654) the City Council approved a contract with Vets Securing America (VSA)to provide guard services for Fort Worth prisoners admitted to John Peter Smith Hospital. The Mayor and Council Communication stated that the contract would start on July 1, 2012. However, the actual services will not commence until August 1, 2012, as stated in the Request for Proposals. TIS will continue to provide services through the end of its contract term, July 31, 2012. The contract term with VSA will commence on August 1, 2012. The contract with VSA is also based on an hourly rate fee schedule. M/WBE -A waiver of the goal for M/WBE subcontracting requirements was approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. However, Texas Industrial Security, Inc., is a certified M/WBE company. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17095&councildate=7/24/2012 9/4/2013 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers 0001 539120 0353501 $65,000.00 Submitted for City Manager's Office by: Charles W. Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17095&councildate=7/24/2012 9/4/2013