HomeMy WebLinkAboutContract 48895-R2A1 1
CITY SECRETARY
CONTRACT NO. R 915
FIRST AMENDMENT AND SECOND RENEWAL
TO FORT WORTH CITY SECRETARY
CONTRACT NO.48895
This FIRST AMENDMENT AND SECOND RENEWAL TO FORT WORTH CITY
SECRETARY CONTRACT NO. 48895 ("Amendment") is made and entered into by and
between the City of Fort Worth, a home-rule municipal corporation of the State of Texas
("City"), acting herein by and through Jesus J. Chapa, its duly authorized Assistant City
Manager, and All City Management Services, Inc, a foreign for-profit corporation ("Vendor"),
acting by and through Demetra Farwell, its duly authorized Corporate Secretary, each
individually referred to as a"Party"and collectively referred to as the"Parties".
WHEREAS, City and Vendor entered into an agreement for crossing guard services,the
same being Fort Worth City Secretary Contract No. 48895 (the "Agreement"); and
WHEREAS,under the terms of the Agreement, services began on February 8, 2017 and
ended on February 7,2018, and provided that the City would have the option to renew the
Agreement for up to four one-year renewal options with the Vendor's consent;and
WHEREAS,City exercised its first option to renew the Agreement from February 7,
2018 through September 30,2018 under City Secretary Contract Number 48895-R1 ("First
Renewal"); and
WHEREAS,Vendor consented to the First Renewal; and
WHEREAS,the City now desires to exercise its option to renew the Agreement for the
second year beginning on October 1,2018 through September 30,2019(the"Second Renewal");
and
WHEREAS, in addition to renewing the Agreement,the Vendor has requested an
increase in the hourly rate being paid to the Vendor due to an increased cost for labor throughout
the marketplace;and
WHEREAS,the Parties wish to amend the Agreement to reflect an increase in the hourly
rate being paid to the Vendor in Exhibit B of the Agreement(Price Schedule),attached hereto as
Exhibit A;and,
WHEREAS,the Parties would like to increase the"not to exceed"amount reflected in
Section 3 of the Agreement, as well as amend the notice to terminate provisions in Section 4 of
the Agreement; and,
WHEREAS, the Parties also wish to remove the requirement for professional liability
insurance within Section 10 of the Agreement. ra�B v. 'w..4to
CITY."'i_3C i-ET,�Ry
IFT.VI6 IRTH,TX
FIRST AMENDMENT OF CSC NO.48895 Page I of 5
NOW THEREFORE, KNOWN ALL BY THESE PRESENT, City and Vendor, acting
herein by and through their duly authorized representatives, enter into this Amendment, which
amends the Agreement as follows:
1.
Section 3 of the Agreement is hereby replaced in its entirety as follows:
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor
personnel who perform services under this Agreement in accordance with the
provisions of this Agreement and Exhibit "B," - Price Schedule. Total payment
made under this Agreement for each respective renewal term shall be as follows:
• For the Second Renewal, payments shall not exceed the amount of One
Million Six Hundred and One Thousand and Seventy-Eight Dollars
($1,601,078.00).
• For a third renewal, if the Parties agree to such a renewal, payments shall
not exceed the amount of One Million Seven Hundred Ninety-Four
Thousand and Ten Dollars($1,794,010.00)."
Vendor shall not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves
such expenses in writing.
2.
Section 4.1 of the Agreement is hereby replaced in its entirety as follows:
4.1 Written Notice. City or Vendor may terminate this Agreement at any time
and for any reason by providing the other Party with 90 days written notice of
termination."
3.
Exhibit B of the Agreement titled"PRICE SCHEDULE"is hereby replaced in its entirety
with the attached Exhibit A to this Amendment.
4.
Section 10.1 of the Agreement is hereby replaced in its entirety as follows:
FIRST AMENDMENT OF CSC NO.48895 Page 2 of 5
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees,
agents, representatives in the course of the providing services
under this Agreement. "Any vehicle"shall be any vehicle owned,
hired and non-owned.
(c) Worker's Compensation:
Statutory limits
Employer's liability
$100,000- Each accident/occurrence
$100,000- Disease-per each employee
$500,000- Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with
limits consistent with statutory benefits outlined in the Texas
workers' Compensation Act(Art. 8308— 1.0 et seq. Tex. Rev. Civ.
Stat.)and minimum policy limits for Employers' Liability of:
$100,000- each accident/occurrence, $500,000 bodily injury
disease policy limit
$100,000- per disease per employee
5.
Except as expressly modified in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
(signature page follows)
FIRST AMENDMENT OF CSC NO.48895 Page 3 of 5
IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office
to triplicate originals on this day of'�C: �L,2018.
CITY: VENDOR:
CITY OF FORT WORTH ALL CITY MANAGEMENT SERVICES
By: C B
Name: Jesus J. Chapa Name: emetra F ell
Title: Assistant City Manager Title: C rate ecretary
APPROVAL RECOMMENDED:
By:
Name: Joel F.Fitzgerald
Title: Chief of Police
APPROVED AS TO FORM AND LEGALITY:
By._
Name:Royce Hansen
Title: Assistant City Attorney
Contract Authorization:M&C P-11996,
February 7,2017
Amendment Authorization: M&C �
ATTESTED:
M&C:
( % 3
By: " 1295: aot - X59 cod
Name: Mary K * '
Title: City Secretk 'E
Contract Compliance Manager: "c ,AS
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
an reporting requirements.
OFFICIAL RECORD
Captain James C. Stockton CITY SECRETARY
FT.WORTH,Contract Compliance Specialist ,TX
FIRST AMENDMENT OF CSC NO.48895 Page 4 of 5
1
Exhibit A to the Amendment
EXHIBIT B
PRICE SCHEDULE
As a full service Vendor,the hourly rate shall be a fully loaded rate,meaning all of Vendor's costs
shall be included in the hourly billing rate.
This includes but is not limited to;recruitment,background clearance,training,equipment,
insurance,supervision and management of the City of Fort Worth,Texas Crossing Guard Program.
Hourly Rate:
• For the second renewal: Twelve Dollars and 74/100 Cents($12.74)per hour,per guard.
• For a third renewal if such a renewal is agreed to by both Parties in accordance with the
Agreement: Fourteen Dollars and 28/100 Cents($14.28)per hour,per guard.
Starting pay for all guards shall be as follows:
Second(October 1.2018-September 30,2019)Renewal Rates:
• Guards located in the Keller ISD will receive$9.00 an hour or higher with incumbents paid
at their current rate.
• Guards located outside of the Keller ISD will receive$8.50 an hour or higher with
incumbents paid at their current rate.
• Lead crossing guards starting pay shall be$9.59 an hour or higher with incumbents paid at
their current rate.
Third October 1,2019-September 30,2020)Renewal Rate if such a renewal is agreed to by both
Parties in accordance with the Agreement:
• All Guards will receive$9.50 an hour or higher with incumbents paid at their current rate.
• Lead crossing guards starting pay shall be$10.59 an hour or higher with incumbents paid at
their current rate.
FIRST AMENDMENT OF CSC NO.498895 Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/18/2018
DATE: Tuesday, September 18,2018 REFERENCE NO.: **P-12252
LOG NAME: 13P17-0045 AMEND CROSSING GUARD SVCS JD PD
SUBJECT:
Authorize Execution of an Amendment to City Secretary Contract No.48895
with All City Management Services,Inc., for Crossing Guard Services
Increasing the Hourly Rate for the Second Renewal to $12.74 per Hour,
Resulting in a new Annual Amount of$1,601,078.00 and Providing for an
Hourly Rate of$14.28 per Hour for Subsequent Renewals, if the City Elects
to enter into Subsequent Renewals and Funds are Appropriated by Council,
for an Annual Amount of$1,794,010.00(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council
authorize execution of an Amendment to City
Secretary Contract No.48895 with all City
Management Services,Inc_,for crossing guard
services increasing the hourly rate for the
second renewal to$12.74 per hour,resulting
in a new annual amount of$1,601,078.00 and
providing for an hourly rate of$14.28 per
hour for subsequent renewals,if the City
elects to enter into subsequent renewals and
funds are appropriated by Council,for an
annual amount of$1,794,010.00.
DISCUSSION:
The Police Department uses this Agreement to
provide crossing guard services for school
crossings in the morning and afternoon hours
for regular school days and summer school days
throughout the year.Each school crossing
guard will work three hours per day.
Currently,the City of Fort Worth(City),
through its Agreement with All City Management
Services,Inc.(ACMS),covers 10 school
districts and 137 schools with elementary age
children for a total of 232 intersections.
The Agreement was approved by City Council on
February 7,2017(M&C P-11996),began on
February 8,2017,ended on February 7,2018,
and provided that the City and ACMS would have
the option to renew the agreement for up to
four one-year terms. The City and ACMS
exercised the First Option to renew the
Agreement from February 7,2018 through
September 30,2018 (City Secretary Contract
Number 48895-R1).
Staff requests authorization to amend the
Agreement to increase the hourly rate paid to
ACMS and the maximum annual contract
amount. Staff also plans to renew this
Agreement for its Second Renewal which would
begin on October 1,2018 and to also extend
the notification requirements within the
Termination Provisions of the Agreement.
ACMS has experienced difficulty filling
crossing guard positions and retaining these
guards throughout the school year. The
increase in the Agreement amount reflects an
increased cost within the labor market and
covers additional pay for some of the crossing
guards as well as to improve acquisition and
retention of crossing guards.
Starting pay for all guards shall be as
follows:
October 1,2018-September 30,2019
• Guards located in the Keller
Independent School District(ISD)area shall
receive$9.00 an hour or higher with
incumbents paid at their current rate.
• Guards located outside of the Keller
ISD area shall receive$8.50 an hour or higher
with incumbents paid at their current rate.
•Lead crossing guards starting pay shall
be$9.59 an hour or higher with incumbents
paid at their current rate.
If a Third Renewal Term is exercised by both
parties, Starting pay for all guards under
that term will be as follows:
October 1,2019-September 30,2020
• Guards located in the Keller ISD area
$9.50 an hour or higher with incumbents paid
at their current rate.
• Guards located outside of the Keller
ISD area$9.50 an hour or higher with
incumbents paid at their current rate.
• Lead crossing guards starting pay shall
be$10.59 an hour or higher with incumbents
paid at their current rate.
The hourly billing rate to the City will
increase from$11.94 per hour to$12.74 per
hour,per guard for the October 1,2018
through September 30,2019 term and then to
$14.28 per hour,per guard for a Third Renewal
Term of October 1,2019 through September 30,
2020 term,if the Third Renewal term is
exercised.
Total payments made under this amended
Agreement shall be as follows:
•From October I,2018 through September
30,2019 shall not exceed the amount of
$1,601,078.00. (a$105,234.00 difference from
the original Agreement)
•From October 1,2019 through September
30,2020 shall not exceed the amount of
$1,794,010.00. (a$192,932.00 difference from
the Second Renewal)
The Termination Clause within the Amended
Agreement will change the written notification
of termination requirement from 30 days to 90
days. All other terms and conditions of the
Agreement shall remain the same.
ADMINISTRATIVE CHANGE ORDER-An
administrative change order or increase may be
made by the City Manager in the amount up to
$50,000.00 and does not require specific City
Council approval as long as sufficient funds
have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon
approval of the above recommendations and the
adoption of the Fiscal Year 2018-2019 budget
by the City Council to include the above
referenced item, funds will be available in
the Fiscal Year 2019 Budget,as appropriated,
of the General Fund,Police Community
Programs/Youth Section,and that prior to an
expenditure being made,the Police Department
has the responsibility to validate the
availability of funds. Funds for future year
contract renewals are subject to Mayor and
Council appropriation.
BQN117-004511D
FUND IDENTIFIERS (FIDs):
TO
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Cbapa (5804)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Cynthia Garcia (8525)
Jack Dale (8357)
ATTACHMENTS
1. 1295 Form 082318.12df (Pubic
2. 48895 Amendment 1 signed by ACMS ,pdf (public)
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested partes. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-395969
ALL-CITY MANAGEMENT SERVICES, INC.
Santa Fe Springs,CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/23/2018
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
RFP-17-0045
Provide School Crossing Guard Services and Training
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Farwell,Baron Santa Fe Springs,CA United X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is AwAyim and my date of birth is
My address is 149J �!7� r''`¢di J I-9P 7a,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that thefor ing is true and correct.
Executed in Ad L 3 f County, State of ,on the day of .2t1
(month) (year)
nature of authorized agent of contracting business entity
(Dederenl)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711