HomeMy WebLinkAboutContract 53742-A2 CSC No. 53742-A2
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SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53742
A VENDOR SERVICES AGREEMENT
This SECOND AMENDMENT FORT WORTH CITY SECRETARY CONTRACT
NUMBER 53742("Second Amendment")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 BOUTCHANTHARAJ CORPORATION ("Vendor"), d/b/a DFW
SECURITY PROTECTIVE FORCE, a Texas corporation, acting by and through Somkhit
Boutchantharaj, it duly authorized President, each individually referred to as a "party" and collectively
referred to as the"parties."
WHEREAS, the Parties entered into a Vendor Services Agreement for the provision of security
services at the Fort Worth Convention Center as part of the COVID-19 emergency,the same being Fort
Worth City Secretary Contract("CSC")Number 53742;
WHEREAS, the Parties desire to amend the Agreement to add certain FEMA provisions,which
will be accomplished through this Second Amendment and not a separate addendum;
WHEREAS, the Parties executed an amendment to the Agreement to increase compensation from
$50,000.00 to $100,000.00, the same being CSC No. 53742-A1 (CSC Nos. 53742 and 53742-Al are
collectively referred to herein as the"Agreement");
WHEREAS, due to the extended nature of the COVID-19 pandemic and the need of the City to
provide Shelter for homeless residents at the Fort Worth Convention Center,the Parties desire to increase
the amount of compensation under the Agreement from$100,000.00 to$250,000.00; and
NOW, THEREFORE, for and in consideration of the mutual covenants herein expressed, the
Parties agree as follows:
1. Section 2.1, Compensation, of the Agreement is amended in full to read as follows:
"2.1 Compensation. City will pay Vendor Twenty-One Dollars and
Sixty-Two Cents ($21.62)per hour for each hour of Service performed
up to a total amount of Two Hundred Fifty Thousand Dollars and No
Cents ($250,000.00). 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.
2. The Parties agree that the FEMA Mandated Contract Clauses attached hereto as E ..--
hereby incorporated into the Agreement through this Second Amendment.
Second Amendment to CSC 53742 Page 1 of
3. All terms of this Second Amendment that are capitalized but not defined have the meanings
assigned to them in the Agreement.
4. All terms and conditions that are not expressly addressed pursuant to this Second Amendment
remain in full force and effect.
INWITNESS WHEREOF, the parties have executed this Second Amendment in multiples onthe
dates set forth in the signature blocks below.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Vw(Ju�- responsible for the monitoring and administration
By. Valerie Washington(May 13,2020) of this contract,including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title: Assistant City Manager
Date: 52020 C e ,I Se, 'ge,
By: Cy thia Serrano(May 13,2020)
APPROVAL RECOMMENDED: Name: Cynthia Serrano
Title: Acting Assistant Director,
Public Events Department
By: JWs Davis(May 13,2020) APPROVED AS TO FORM AND LEGALITY:
Name: Chief James Davis
Title: Fire Chief
"g F (i(/
ATTEST: `ti �, `�'`
ame: Tyler F.Wallach
�U itle: Assistant City Attorney
By:
Name: Mary Kayser A� =�'` [1
CONTRACT AUTHORIZATION.
Title: City Secretary " , ;; ••.... • M&C: Ord.Nos. 24089-03-2020 and 24161-04
2020
VENDOR:
BOUTICHANTHARAJ CORPORATION
d/b/a DFW SECURITY PROTECTIVE
FORCE, a Texas Corporation
By: ZZ, J,�
Name: t Bo chantharaj
Title: resident --
OFNUAL RECORD,'
Date: 5/12/2020 ,2020 MY SECRETARY
Ff. WORTH,TX
Second Amendment to CSC 53742 Page 2 of8
EXHIBIT C
FFMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses,the City of Fort Worth is referred to as"City"and"Contractor"shall
refer to the other party to this Agreement. If applicable to the work or services being performed by
Contractor under the Agreement,the following provisions are adopted and form a part of the Agreement.
A. DAMAGES, 2 CFR§200.326 Appendix II to Part 200(A)
(1) All work to be performed under this Agreement shall be timely commenced.Abreach of
this Agreement by Contractor would cause substantial delay ul the completion of the required services
affecting the safety and welfare of the public.
(2)In the event of Contractor's breach of its performance obligations, City shall have all rights and
remedies against Contractor as provided by law.
B. TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200(B)
In addition to any termination rights included in the Agreement, City shall have the following termination
rights:
Termination for Convenience:Wheneverthe interests ofthe City so require,City mayterminate the parties'
Agreement, in whole or in part, for the convenience of the City. City shall give Contractor thirty(30)days
prior writtennotice oftermination specifying the portions of the Agreement to be terminated andwhen such
termination will become effective. If only portions ofthe parties' agreement are terminated, Contractor has
the right to withdraw from the parties' Agreement, without adverse action or claims. In the event of a
termination for convenience by City, Contractor shall be entitled to payment for all work and services
performed by it up to the effective date of such termination.
Termination for Cause: The City may,by written notice of default to Contractor, terminate the parties'
Agreement,in whole or in part,if the Contractor fails to satisfactorilyperform anyprovisions ofthe parties'
agreement after a period often (10)following Contractor's receipt of a Notice of Deficiency provided by
City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part
200 (C))
If applicable to the work and services performed by Contractor under the Agreement, during the
performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity Clause
(41 CFR60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color,religion, sex, or national origin. Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to their
race, color,religion, sex, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for
employment,notices to be provided setting forth the provisions of this nondiscrimination clause.
Second Amendment to CSC 53742 Page 3 of8
(2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color,religion, sex, or national origin.
(3) Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other agreement or understanding, a notice to be provided advising the
said labor union or workers' representatives of the Contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of
investigation to ascertain compliance with such rules,regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations or orders,this Agreement may be canceled,terminated,
or suspended in whole or in part and the Contractor may be declared ineligible for further City contracts or
federally assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided
in Executive Order,11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of subparagraphs I through 7 in every subcontract or purchase order unless exempted
by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965,so that suchprovisions willbe binding upon each subcontractoror contractor.
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
provided,however,that in the event contractor becomes involved in, or is threatened with,litigation with a
subcontractor or contractor as a result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR §200.326
Appendix II to Part 200(D))
If applicable to the work and services performed by Contractorunder the parties'Agreement:
(1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public works.
See FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2),page 32 and Ch. (FP 104-009-
2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, Contractor
shall comply with the Copeland"Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department
of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the
contractor and subcontractor must be prohibited from inducing,by any means,any person employed in the
construction, completion, or repair of public work,to give up any part of the compensation to which he or
she is otherwise entitled. The City must report all suspected or reported violations to the appropriate Federal
agency.
Second Amendment to CSC 53742 Page 4 of8
(a) Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. §3145, and the
requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this
Agreement.
(b) Contractor or subcontractor shall insert in any subcontract the clause above and
such other clauses as FEMAmay by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be
responsible for the c compliance by any subcontractor or lower tier subcontract with all of these
contract clauses.
(c) A breach of the Agreement clause above may be grounds for termination of the
Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200.326
Appendix II to Part 200(E)) (40 U.S.C.3701-3708)
Contracts in excess of$100,000 that involve the employment of mechanics or laborers shall comply with
40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).Under 40
U.S.C. 3702 of the Act, each Contractor and its subcontractors shall compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate ofnot less than one and a half times the basic
rate of pay for all hours worked in excess of 40 hours in the work week.
Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to w ork in excess of forty hours
in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and
one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(1) Violation: liability for unpaid wages:liquidated damages. In the event of any violation of
the clause set forth in this section the Contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition,such Contractor and subcontractor shall be liable to the United States (itr
the case of work done under contract for the District of Columbia or a territory,to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in this section,in the sum of$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in this section.
(2) Withholding for unpaid wages and liquidated damages. The City shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld,from any moneys payable on account of workperformed by the Contractoror subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same
prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph(2)of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set forth in
paragraphs (1)through(4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts.
Second Amendment to CSC 53742 Page 5 of8
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR
§200.326 Appendix II to Part 200(F)
If applicable to the work and services performed by Contractor under the parties' Agreement and if the
Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a) and the City wishes
to enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that"funding
agreement,"the City must comply with the requirements of 37 CFRPart 401,"Rights to Inventions Made
by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR
§200.326 Appendix II to Part 200(G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act(42U.S.C.7401-7671q.)andtheFederalWater Pollution ControlActas amended(33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA).
Contractor shall include the foregoing requirements in each subcontract exceeding$100,000.
H. DEBARMENT AND SUSPENSION (2 CFR§200.326 Appendix II to Part 200(I))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R. pt
3000. As such,the Contractor is required to verify that none of the Contractor,its principals (defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with2C.F.R.pt. 180,subpartCand2C.F.R.pt.3000,subpart
C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into.
(3) This certification is a material representation of fact relied upon by City. If it is later
determined that the Contractor did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000,
subpart C, in addition to remedies available to City, the Federal Government may pursue available
remedies,including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and
2 C.F.R.pt.3000,subpart C throughout the period of performance.The Contractor further agrees to include
a provision requiring such compliance in its lower tier covered transactions.
L BYRD ANTI-LOBBYING AMENDMENT (2 CFR§200.326 Appendix II to Part 200(T))
Contractor must file with the City the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
Second Amendment to CSC 53742 Page 6 of8
forwarded from tier-to-tier up to the non-Federal award. If not provided with a bid response, Contractor
must complete and submit the Certification Regarding Lobbying Form.
J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR§200.326 Appendix II to Part
200(I) and 2 CFR §200.322)
(1) In the performance of this contract,the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be acquired.
(a) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(b) Meeting contract performance requirements;or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines web site, http-//www.epa.gov/epg/. The list of EPA-designate items is available at
httyJ/www.epa.gov/cpg/products/htm
IK ACCESS TO RECORDS
(1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of
the United States, or any of their authorized representative's access to any books, documents,papers,and
records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized representative's access
to construction or other work sites pertaining to the work being completed under the contract.
L. SEAL, LOGO AND FLAGS
Contractor shallnot usethe U.S.Department ofHomeland Security's seal(s),logos,crests,orreproductions
of flags or likenesses of the U.S. Department of Homeland Security's agency officials without specific
FEMA preapproval.
NL NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities
to City, Contractor, or any other party pertaining to any matter resulting from the contract. City may seek
reimbursement for expenses under this Agreement from FEMA and Contractor acknowledges that it must
comply with all federal laws,regulations, executive orders,FEMApolicies,procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
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