Loading...
HomeMy WebLinkAboutContract 57797 CSC No. 57797 FORT 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 Joe F.Garcia,LPE("Vendor"),a 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. Scope of Services. Contractor hereby agrees to provide the City with polygraph services for the Police and Fire Departments Hiring Process, Criminal Investigation and Administration Needs ("Services"), which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below ("Effective Date") and expires on July 1, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same terms and conditions, for up to four(4) one-year renewal option(s)(each a "Renewal Term"). 3. Compensation.City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed Two Hundred and Fifty-Four Thousand Nine Hundred and Fifty Dollars ($254,950). 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 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 underthe Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of 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 officers,agents, servants,employees,contractors,or contractors. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PR OPER TYDAMA GE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS, AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, ORSUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so.In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment.Vendor will not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance.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) Professional Liability (Errors & Omissions): ❑Applicable N/A bd $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability 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) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (c) 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. (d) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (e) 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. ComUliance with Laws. Ordinances. Rules and Regulations.Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices.Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Joe F.Garcia,LPE Attn:Assistant City Manager Attn: Joe F. Garcia,Owner 200 Texas Street P.O Box 1964 Fort Worth,TX 76102-6314 Burleson,TX 76097-1964 Facsimile: (817) 392-8654 Phone: 214-357-0838 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Emwees. 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 Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires;strikes;lockouts;natural disasters;wars;riots;epidemics or pandemics;government action or inaction;orders of government;material or labor restrictions by any governmental authority;transportation problems; restraints or prohibitions by any court,board, department, commission, or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively,"Force Majeure Event").The performance of any such obligation is suspended during the period of,and only to the extent of, such prevention or hindrance,provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel.The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the Exhibits. 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. 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. 25. Ownershin of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures, guides, and documentation that are created,published,displayed, or produced in conjunction with the services provided under this Agreement(collectively, "Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product.Ownership of the Work Product will inure to the benefit of City from the date of conception,creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein,that City may have or obtain,without further consideration,free from any claim, lien for balance due,or rights of retention thereto on the part of City. 26. 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. 27. Change in Comes Name or Ownershill. 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. 28. 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. 29. Prohibition on Bolcotting Energj Com an nies.Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 30. 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. 31. 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. 32. EntireLy 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) IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: this contract, including ensuring all performance and Name: Fernando Costa reporting requirements. Title: Assistant City Manager Date: By: Sash Kane(Jun 29,2022 11:18 CDT) Name: Sasha Kane APPROVAL RECOMMENDED: Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Nei l Noakes(Ju 16, 02206:37CD1 Name: Neil Noakes �5� Title: Chief of Police By. Name: Taylor Paris ATTEST: Title: Assistant City Attorney r CONTRACT AUTHORIZATION: ,7�t�re&e 91 M&C• 22-0303 By: Jannette S.Goodall(Jul 6,2022 13:12 CDT) Form 1295•N/A Name: Jannette Goodall aa��F�Rr���a Title: City Secretary ,G pF000°°° °!y a �O od d d v o o=� VENDOR: a °°°000°°°°°°° 41 n��EXp`roaA' JOE F.GARCIA,LPE By: Name: Joe F. Garcia Title: Owner Date: C) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX F.XMRIT A SCOPE OF SERVICES 1. Vendor will provide polygraph services for the City of Fort Worth Fire and the Police Departments on an as- needed basis for criminal investigations,pre-employment,inconclusive employment polygraphs and polygraphs related to administrative issues. 1.1 Vendor will be available 24/7 in the event of needing services 1.2 This contract supports all City-owned facilities varying in size on an as-needed basis. The City reserves the right to add or remove departments and locations at the City's discretion. 2.0 POLYGRAPH TESTING SERVICES 2.1 Equipment used to complete polygraph services: • Lafayette Model LX400 computerized polygraph system and the components utilized to measure and record physiology include: o Thoracis/chest pneumo o Abdominal/stomach pneumo o Electro dermal finger paddles;fixed&disposable electrodes o Blood pressure cuff/cardiograph • Laptop computer • Web-cam capable of recording audio &video on to laptop computer 2.2 All of the data produced during a polygraph procedure is electronically recorded and stored/secured.Unless requested in writing,all reports are electronically delivered to the authorized recipient. EXHIBIT B PAYMENT SCHEDULE FoRTVibuifr BID SOLICITATION Ev"ID Pave kwi'led: PUBLIC EVENT DETAILS Cartd1-71-4 7 12vern[Rourke l—Ivn Event 1lerne 3- x Submit To: Gdy of Fart Worth lleriTNro Finish Tithe FJ ANCIAL MANAGEMENT 5EROCES p FINANCE-Purrhasing 200 Texas Si(Lower LrTtrel,South) Fort Worth TX T61�2 United Stahn Emeil: FMSPurchasingResponsesgfortworthiexas.gov Line: 1 172 1 eflptlon: (my _ Unit .._. unl"ce Tial Pulyyruph rushing.pm -rmploy>rneul.per IcM. 700.00 EA _ per aharhed specieralions,Non•Expcdibcd , 200: 14O000.a0 Monday lhrOU�Friday, A"4WM - -71 Lin - 2 oasori 'mi;. ow uni0dcv TOW Pcdygraph Testing,specific isre,e,per bast. MAIM 61k ire•atilarhad apecifil Bond,Norv-Etpedited- Munday mmugh Friday.7AM-815M 300.00 75,000-QO Llna: 3 DescrlpHaE Qi1f Unit Ut11"Ptioa _ 1blA1 polygraph Te—,J.spMft F.seoue,per teal 10000 EA per afta-"hed apecYlMpne,Non.I;bpegRad• T NIM outside tegwgr Otgelrt Uy lwpfs 33 _0.04 35,U00.00 Lirre; a aasc-riplian:... _.__-- - ally VAR Witlanoe .. ...- Total Polygraph Fesiing,specific issue,perlesl, 300 FA - '— pur alladted specihcahxm Nan-ExpedAed- L3rjQ.QO 1,D50. 0 Weaksnds anC Cry Hdidays Line; 5 descrlptlon: _ _CKV - �Idt n r Taml Polygraph Tesling,specific Issue In Spanish, per test,per adartletl spt;cTcalions. 3.00 Fly Nun-Eed•Mpnrlay thratyh Friday. 7:00nnr-6:99Pnr 4�Q-00 1,200.Qd Line- 6 Pe#cription: 111.1wrim Total Pdy9'aph Te s ft,spetiflc-slue In Spanish, - vx igat.peraRaohad aped4wtnona, 3.0 EA Spanish-Non-Expedited-Night,mmidiq regular business hours Line: 7 Descrlpoon:_. -. . ..._. Chi (ink _.. UnRFliea.. TOW F'olygrsph Testing gpeclr�ieytr►ii1$p3n15►�, 9A4 EA sod hrxwfxpodilader lest per �dWaekand6 and Cily Holidays 450,ao 1,350.00 RM raid adneuril: 223.450.00 A bid of'0'will he interpreted by the City as a no-charge(free)item and the City we net axpecttn.pay Tor that Itl3rn,A bif er'no bid"a no resporim (space left Mom)will be interpreted by the Coytnat the❑trergr d0e3 apt wi3h Io bid on that item.Be adwleed,silo bid'or no respor*e may be rons1p.ert4 as namrespansrve and may result in disqualification of this bltl. } f� Serrices+rot toted above will be ottared at a drsom"of !IA yn .`�Jff f 14ydf (Snavixs may be added w an as needed basis Mrot1t+mn the Ilse of the agreemedr,iherefUrr.1ho bidder shall euhmit a price Ilal for all available Terns WIM their hid suhmmaq ITS 22.0047 Pfliygraph Sarw:aa page 3 of 31 1. Invoicing. The Vendor shall send invoices electronically to City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. Vendor must include the following on the subject line of your e-mail:vendor name,invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) To ensure the system can successfully process your invoice in an expedient manner, Vendor will adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI(dots per inch). • Invoices must be sent as an attachment(i.e.no invoice in the body of the email). •One invoice per attachment(includes PDFs).Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address,if different; • Applicable City Department business unit#(i.e.FW013) • Complete City of Fort Worth PO number(i.e.the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. To prevent invoice processing delays, do not send invoices by mail and email and do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice,please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPa. ablekfortworthtexas.gov. If Vendor is unable to send its invoice as outlined above at this time,please send the invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 8.6 If electronic invoicing is not possible,you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth,Texas,76102 Vendor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. Cancellation Policy 24 hour notification of cancellation is requested.There is a no-show fee of 50%of the cost of the scheduled polygraph test.The no show fee will be waived if the cancellation slot is replaced with another appointment. EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST OUESTIONNAiRE FORM CIO For vendor doing business with local govemnwtal entity This quamiennaim reflects curves maop :o the law by Rs- 22.s4ih ug..Begufr session SCE USE ONLY ~YS.,LvG:t•nratr3'+n—-;%Zd ir.KXrwftio'a-:t''Idpt4f 176.Low Coy O nrrwra coda.bye a vendor'Ahc has a 5u&ness rcLa5css e-a as G: by S'ariar 17S-40--.t-a.WZ a lxal ��F_..r-•�c^_ gararrtrzeltmll 4natr 8rt3[ttE �endc•r mars requrar-ars:ndvr 7eWp,77n.7DEia: ay;ach tr-e gasswrrzm nswt bo wd vrin ire xarm admmis:r=r of the low;same,anti&toj riot ta:Y tar.t*7rh busatess dar aher tow die ne vwtbr bemrres aware of fats tea:requfo the swernlent io kc Sad- �;t..»�n t�v.Orc'rc=�.Liter Gxvammerr G» A vans:+• - .ts an offenw if tv vendor KrabiK� vloLaig t Sa u^ t 7 e.�6,Local QWW-ffenr Code A!, ]rr--- _ -- mil mcdon 4 a t'Ilso neaw, 11 Massie of vendor who has a buskiess rota tlanship wick local govemmenmi arrlity. NIA z Nf Cho<*this bon if you ate filing ar update to a Div.,; asly fried questionnaire.i-ha iHr+!raq.ires tnw yv-j rile 2in upcamc :anpated 7jc.t_mare w-n~-ia 3G.rcv c--!i ng a,tr•_rty not ateI'"an tnn 71h"1Sliess dej eer the data on At!ict-, c. taw_-a-a swears teat nc; o,�irels;`led ouastior^are-.vas .n�,orrplaw.z.ikawj ata.) 3 Name of locai government officer about whom the Information 2s being chac pled. NIA Describe each employment or other business relationship with fife local govammarx offices,or a family member of the officer,as described by Socuon 176-003(a)(Z(A). Also describe arty family rvLal ionshrp with the local govemmen[officer. Gompleto subparts A arad B foraach employ mow or business relationship doscnbod.Attach additional pages to this Form CIO as nrcassary- N1A A r:Z.];or;a--r,r• -fir-cr a larrily marnber of ft officer racaving or hkoV to rooeva•zxa..L4 r„;o�e. :•:. ;ear i r.esrzr.:rccrr.ti. r^msver-ors gas � No S. is isle venoar recent rg or Ikey to rec"a taxab:e rmcorrw..ether thw investment income.*am:r a the dratroer: :f ins ccar govern.an:office'e'a rirr y rramber rf i►e cffice-AN D tv taxabig incorrro is not iooervoa rrxr ere ixal poverrfnertzl entry F7 Y;s No 5 Describe each employment or business MWionship dlatthe vertdornarned in Soction t maintains with a corporation or other busi.npss emny wrth respect to which the;veal government officer servos as an officer or dircefor.or holds nn ownership interest of one percent or more. NIA 0 :r A-cc its boa ir-me vandcc,ias gram t!f lo^.a: r or a f3rrilyr ma-1:Q,c'TG c c�ve or rlcreglrs r as closer lxd m 54:tici :75.��3ta;.:2'„Bi.oxLuan;¢its dv-:io*j :r &ctcr 176-CC.G. -t;I- 02/0112022 FW,r;Drximdtry 7Aas �;crt,-Auo- asN-rthcs it-u: EXHIBID D VERIFICATION OF SIGNATURE AUTHORITY Joe F.Garcia,LPE P.O Box 1964 Burleson,TX 76097-1964 Execution of this Signature Verification Form("Form")hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor.Vendor will submit an updated Form within ten(10)business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives revised Form that has been properly executed by Vendor. 1. Name: ck—/ Position: ©W A-) Signature 2. Name: Position: 11 Signature 3. Name: Position: Signature Nam Si tore of President/CEO/'04 Other Title: 4s n/fP/w Date: City of Fort Worth, Texas Mayor and Council Communication DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0303 LOG NAME: 13P22-0047 POLYGRAPH SERVICES FOR POLICE AND FIRE MC PD SUBJECT (ALL)Authorize Execution of Non-Exclusive Purchase Agreements with Ruiz Protective Service, Inc. and Joe F. Garcia, LPE for Polygraph Services for the Police and Fire Department Hiring Process, Criminal Investigatons and Administrative Needs in a Combined Amount Up to $423,884.00 for the First Year and Authorize Four One-Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive purchase agreements with Ruiz Protective Service, Inc.and Joe F. Garcia, LPE for polygraph services for the Police and Fire Department hiring process, criminal investigatons and administrative needs in a combined amount up to$423,884.00 for the first year and authorize four one-year renewal options for the same amount. DISCUSSION: The Fire and Police departments approached the Purchasing Division to procure an agreement for polygraph services. During the course of this agreement, other departments may request polygraph services, therefore, this agreement should also allow for those purchases. The Fire and Police Departments will use these Agreements for an external polygraph examination provider to assist various investigative units within the Fire and Police Departments with criminal investigations, employment polygraphs and polygraphs related to administrative issues. In order to procure these services,staff issued an Invitation to Bid (ITB). ITB No. 22-0047 consisted of detailed specifications describing the type of equipment and testing requirements.The ITB was advertised in the Fort Worth Star-Telegram on January 26,2022, February 2,2022, February 9, 2022, February 16, 2022, and February 23, 2022. The Purchasing Division received four(4) responses, Joe F. Garcia, LPE, Ruiz Protective Service, Inc., Sage Cognitive Solutions, P.C. and Wood and Associates Polygraph Services, LLC. Wood and Associates Polygraph Services, LLC was deemed non-responsive by Purchasing because they did not meet the qualification requirement of providing services 24 hours a day, 7 days a week. An evaluation panel, comprised of representatives of the Fire and Police departments reviewed and scored the remaining submittals using the Best Value criteria which included the following: (a)bidder's approach and methodology to perform services; (b)bidder's ability to complete the scope of work, availability of resources, number of personnel and equipment; (c)bidder's references from other projects comparable in size similar to the scope of work; (d)bidder's qualifications. accreditations,certifications, continuing education or other training related to the scope of work; and (e)cost of service. The individual scores were averaged for each of the criteria and the final scores are listed in the following table: Bidders Evaluation Criteria a b c d e Total Score Rank Ruiz Protective Services, Inc. 5.67 12.00 11.50 8.50 40.00 77.67 1 Joe F. Garcia, LPE 5.67 10.00 11.00 8.50 19.63 54.80 2 Bidder did not meet technical Sage Cognitive Solutions, P.C. 5.33 9.33 4.50 8.00 X points,therefore cost was not evaluated. After evaluation,the panel concluded that Ruiz Protective Service, Inc.and Joe F.Garcia, LPE presented the best value to the City.Therefore,the panel recommends that Council authorize polygraph services agreements with Ruiz Protective Service, Inc. and Joe F. Garcia, LPE. It is recommended that multiple Agreements be awarded to the listed vendors to ensure services are available without delay. Under these non- exclusive Agreements, departments will order services according to lowest cost and availability. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors bids meet specifications. FUNDING:The maximum amount allowed under this agreement citywide will be$423,884.00, however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: Department Estimated Annual Amount Account Name Fire Department $194,410.00 Other Contractual Services Police Department $229,474.00 Other Contractual Services DVIN-BE:Awaiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE,in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER:An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval,this agreement shall begin upon execution and expire one year from that date. RENEWAL OPTIONS-The agreement may be renewed for four(4)additional one-year renewal periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred,the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Fernando Costa 6122 Originating Business Unit Head: Anthony Rousseau 8338 Neil Noakes 4212 Additional Information Contact: Cynthia Garcia 8525 Maria Canoura 2526