HomeMy WebLinkAboutContract 57606 CSC No . 57606
FORTWORTH
VENDOR SERVICES AGREEMENT
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 �W SERVICES INC. I ("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."
1. Scone of Services.[Vendor will provide manual labor services for Events at the Fort
Worth Convention Center ("FWCC") and the Will Rogers Memorial Center ("WRMC")
("Services"),which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for
all purposes.
2. Term. The initial term of this Agreement is for pne k1)year,beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated
earlier in accordance with this Agreement ("Initial Term"). Upon expiration of the Initial Term, the
Agreement shall automatically renew under the same terms and conditions for up to Your (4� one-year
renewal option(s) (each a "Renewal Term"), unless City or Vendor provides the other party with written
notice of non-renewal at least 60 days before the expiration of the Initial Term or a Renewal Term.
3. Compensation.
3.1 Total compensation under this Agreement will not exceed�n annual amount up to
One Million Seven Hundred Five Thousand Dollars and�ero Cents k$1,705,000.00.
3.2 City will pay Vendor in accordance with the Prompt Payment Act(Chapter 2251
of the Texas Government Code)and provisions of this Agreement,including Exhibit`B,"
which is attached hereto and incorporated herein for all purposes.
3.3 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.
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 of termination.
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
_ OFFICIAL RECORD
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FT. WORTH, TX
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. Rieht 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,
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.
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7. Independent Contractor.
7.1 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 respondeat 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 employees, representatives, agents,
servants,officers,contractors, subcontractors,and volunteers.
7.2 The City, through its authorized representatives and employees, will have the sole and
exclusive right to exercise jurisdiction and control over City employees.Vendor represents that
all of its employees and subcontractors who perform Services under this Contract will be
properly trained, qualified, and competent to perform the Services set forth herein in
accordance with the highest industry standards. The Director reserves the right to refuse to
permit any employee of Vendor from providing the Services set forth herein for any reason,
provided that if the conduct of the employee is correctable,the Director will notify Vendor first
of the objectionable conduct and allow Vendor the opportunity to correct it.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S),MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
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, REPRESENTATIVES, SERVANTS,AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS)AND PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,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, REPRESNTATIVES,
SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORST f
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9. Assignment and Subcontracting.
9.1 Assibent. 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. 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:
$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):JE]Applicable JE]N/A
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
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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
City in accordance with the notice provision of this Agreement.
(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.
(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
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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 FW SERVICES INC.
Attn:Assistant City Manager Dave Stevens, 11
200 Texas Street P.O.Box 2140
Fort Worth,TX 76102-6314 Houston,Texas 77252-2324
Facsimile:(817)392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. 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 either party.
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
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 Maieure. 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
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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 or B.
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. 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.
24. 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.
25. 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.
26. Ownership 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
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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.
27. 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.
28. Change in Company Name or Ownership. 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.
29. 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.
30. Prohibition on Boycotting Energy Companies. 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.
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31. Prohibition 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.
32. 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.
33. 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)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
City: Vendor:
Reciinald Zeno -~
By.g- e o Mav a, 33 or, By.
Name: Reggie Zeno Name: Pave Stevens
Title: Assistant City Manager Title: irector of Operation
Date: Date: 2Z)Z�-
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
IKLkL— of this contract, including ensuring all
gis ael E Crum(May 20,202214:13 CDT)
y: performance and reporting requirements.
Name: Michael Crum
Title: Pirector,Public Events Department
K--xi"Y'
By:
Approved as to Form and Legality: Name: Ylevin Kemp
Title: Assistant Director,Public Event
Digitally signed by Christopher
M Mullins
(1 Date:2022.05.24 14:04:10-05'00' �,�-�Q�n���
By: City Secretary: .�F FOR a
Name: hristopher Mullin aj o°°°°°°°°r�oa��
Title: Assistant City Attorney FfJ`o °o�4d
a;viette& Gooalaa t�° °2
° °
.rta S. ooda1<<MaYza,zo or, o o d
o
Contract Authorization: Name: Jannette Goodall ° °°°°°°°° IV
M&C: �2-0201 Title: City Secretary a44��aa�4�
rEXp9oaA
Form 1295:1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
1. Vendor will,at its sole cost and expense,provide the staffing necessary to provide the Services set
forth in this Agreement consistent with the highest standards and practices common to this industry.
2.Background Checks
a. Vendor will perform a comprehensive screening program administered by a third-party to
ensure that only the most qualified candidates are chosen.All contractors will be screened
before they are assigned to perform Services at the FWCC or the WRMC, which includes a
state/federal criminal background check(7-10 years),driver's license record check,nationwide
sex offender registry,e-verify,5 and 10 panel drug screen testing, and credit check.
3. Vendor will provide a variety of manual labor services for Events at the FWCC and the WRMC. The
Services include,but are not limited to:
a. Preparation of Events related to set-ups
i.Arrange, assemble/disassemble furniture,tables,chairs,tensa barriers,cones,
barricades,and other accessories
ii.Install portable risers,stages,platforms,fence panels,and portable stairs
iii.Move temporary walls
b.Maintain Event space
i.Clean/sanitize meeting rooms,exhibit halls,and concourses
1. Wipe tabletops,chairs,countertops,and vacuum
2.Pick up trash in seating areas
3.Pull trash concourses and meeting rooms
ii. Restrooms
1. Sweep and mop
2. Clean/sanitize mirrors,fixtures,toilets,and urinals
3.Pull trash
4.Restock supplies
iii.Outdoor spaces
1.Use blowers or sweep to remove debris from curbs,sidewalks,and streets
2.Pull trash
iv.Barns, Stalls,and Arenas
1.Clean stalls and surrounding areas
2. Shovel/sweep debris and animal waste from each stall
3. Sanitize stalls
4. Use blower or sweep to remove debris from aisles
5.Prepare stalls-Put out bags of shavings and spread shavings as needed
4. Services will be performed on an as-needed basis at the written request of the City.Vendor must
provide the requested personnel for the dates and times requested.If the City requires personnel
on the same day,then the Vendor must provide said personnel within one hour after the City
submits its request. Should the Vendor fail to provide the requested personnel with an hour on the
day of request,then the City may request a replacement within 2 hours after the first hour has
expired. In that case,the Vendor will provide personnel immediately at no charge to the City.
5.Vendor will pay a minimum of$15.50 per hour to anyone providing Services,with the
understanding that the Parties may amend the Agreement to increase this rate as part of any renewal.
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EXHIBIT B
PAYMENT SCHEDULE
11. Compensation.
1.1 City will pay Vendor a minimum of Fifteen Dollars and Fifty Cents ($15.50) per hour for
each hour of Services performed pursuant to this Agreement up to an annual total of One Million
Seven Hundred Five Thousand Dollars and Zero Cents($1,705,000.00). 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.
1.2 On or before the loth day of each month of this Agreement, the Vendor will provide the
City with a signed fee invoice summarizing(i)the portion of the Services that have been completed
during the prior month and(ii)any additional visits that have been incurred during the prior month.
If the City requires additional reasonable information, it will request the same promptly after
receiving the above information, and the Vendor must provide such additional reasonable
information to the extent the same is available. Vendor must provide the City with an invoice in
order to be paid for completed Services. Invoices must be submitted to
Supplierinvoices@fortworthtexas.gov.
Vendor Services Agreement Page 12 of 12
v.1.1(March 29,2021)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0201
LOG NAME: 13P22-0027 MANUAL LABOR PERSONNEL SERVICES CC PE
SUBJECT
(ALL)Authorize Execution of a Purchase Agreement with FW Services, Inc. d/b/a Pacesetter Personnel Services for Manual Labor Personnel
Services in an Annual Amount Up to$1,705,000.00 for the Initial Term, and Authorize Four One-Year Renewal Options in the Same Amount for the
Public Events Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with FW Services, Inc. d/b/a Pacesetter Personnel Services
for manual labor personnel services in an annual amount up to$1,705,000.00 for the initial term, and authorize four one-year renewal options in the
same amount for the Public Events Department.
DISCUSSION:
The Public Events Department approached the Purchasing Division for assistance with securing an agreement for manual labor personnel
services that will be used for the preparation of events related to set-ups and maintaining event spaces for various City of Fort Worth events.
Purchasing Staff issued an Invitation to Bid(ITB)that described the personnel requirements and duties.
The ITB was advertised in the Fort Worth Star-Telegram on December 15, 2021, December 22, 2021, December 29, 2021, January 5, 2022, and
January 12, 2022. The City received four responses.
Bids were evaluated on best value criteria including the proposer's qualifications and experience, available resources, approach to perform
services and cost. Staff from the Public Events Department evaluated the bids submitted and recommend awarding an one-year agreement to FW
Services, Inc. d/b/a Pacesetter Personnel Services, along with four one-year options to renew. No guarantee was made that a specific amount of
these services will be purchased.
Funding is budgeted in the Other Contractual Services account of the Culture and Tourism Fund.
In addition, 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.
Upon City Council approval,this agreement shall begin upon execution and expire one year from that date.
This 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.
FW Services, Inc. d/b/a Pacesetter Personnel Services did not commit to the Business Equity Goal of 10%, but submitted a Good Faith Effort.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Culture and
Tourism Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred,the
Culture and Tourism department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office W. Reginald Zeno 8517
Originating Business Unit Head: Anthony Rousseau 8338
Michael Crum 2501
Additional Information Contact: Cynthia Garcia 8525
Cristina Camarillo 8355