HomeMy WebLinkAboutContract 57826 CSC No. 57826
FORT WORTH.
4*
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 Ruiz Protective Service, Inc. ("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 One Hundred and Sixty-Eight Thousand Nine
Hundred and Thirty-Four Dollars ($168,934).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 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. 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. Liaabilije 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,SERVANTSAND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING 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
1A
$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 Ruiz Protective Service,Inc.
Attn:Assistant City Manager Attn: Andrew Ruiz
200 Texas Street 2646 Andjon Dr.
Fort Worth,TX 76102-6314 Dallas,TX 75220
Facsimile: (817)392-8654 214-306-7556
With copy to Fort Worth City Attorney's Office at Facsmile: 214-357-0838
same address
14. Solicitation of EmUlovees. 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 Comw Name or OwnershiU. 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 forthe monitoringand administration of
By: this contract,including ensuring all performance and
Name: Fernando Costa reporting requirements.
Title: Assistant City Manager
Date: Jul 11, 2022 's=L'k""
By: Sasha Kane(Jul 7,202214:36 CDT)
Name: Sasha Kane
APPROVAL RECOMMENDED: Title: Sr.Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Neil Noakes(Jul 11,202220:17 CDT)
Name: Neil Noakes
Title: Chief of Police
By:
Name: Taylor Paris
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
9ar2r2eHe-S M&C: 22-0303
By: JannetteS.Goodall(Ju 12,202208:33CDT) Form 1295•N/A
Name: Jannette Goodall
Title: City Secretary o o� FORT ��
�o°°
0
�~ 004 0,
oc)o 0
0
0
o Q Id
VENDOR: �Y�°°°O°o°o°oo° d
�aatL*XAsoap
RUIZ PROTECTIVE SERVICE, INC
By. /� - /Z'
Name: Hector Ruiz
Title: Owner
Date: 7/5/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1.0 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.
POLYGRAPH TESTING SERVICES
2.0 Equipment used to perform polygraph testing:
• Lafayette: LX6 and LX5000
• Axciton: Axicton Polygraph System
• Limestone: Limestone Paragon
• Stoelting: CPSpro System
2.1 Scheduling is available via telephone and email but the ClientHQ web application is the preferred method.
ClientHQ is a software developed by Ruiz Protective Services(RPS).
2.2 The next step after scheduling the polygraph appointment is the pre-polygraph questionnaire. This is a
customizable set of questions that is tailored to each client and exam type. This allows the paper
questionnaire that is still in use in many agencies to be converted to an electronic form and completed
online. To facilitate this phase, we use another web application created by RPS: PolygraphWA. Examinee's
have the option, depending on the client's preference, to complete the questionnaire at a variety of
locations:
• A location of the client's choosing
• On their personal device(cellphone,tablet,computer,etc.)
• Or,at an RPS office
The questionnaire process integrates several different parts of the process. During this phase,basic
information is used to identify the applicant, exam or client specific information can be collected,
examinees are permitted to self-schedule if their exam has not already been scheduled, an exam
specific video describing the polygraph examination process is provided, and information for the
questionnaire itself is collected.
2.3 Polygraph Examination
HQ is an in-house database and management system of RPS. HQ integrates directly with ClientHQ
and PolygraphWA to facilitate the polygraph exam.
Pre-test Phase
During the Pre-Test phase, the examiner answers any questions that the examinee has, reviews the
answers to the questionnaire with the examinee, and reviews the questions that will be used on the
polygraph exam. Any information provided by the examinee during this phase is recorded in the pre-
test interview and will be shown on the examination report.This is very useful as it shows any changes
the examinee made to the answers whether it be clarifying information or new admissions.
Exam Phase
The Exam phase is conducted using tools and software created by each of the four leading
manufacturers. While only one tool is used in a given exam, we maintain mastery of the tools from
Axciton, Lafayette, Limestone, and Stoelting. This ensures that we do not become dependent on any
one vendor or vendor's tools and gives us flexibility for handling unusual or unexpected situations.
The results of the examination are recorded in HQ and shown on the report.Examiners can also record
any information provided by the examinee during the exam and such information is shown separately.
Post-Test Phase
The Post-Test phase is an optional phase that the examiner can employ when needed. This is always
performed if the examinee fails the exam but can be used in other situations as well.During this phase,
we attempt to gain insight into problem areas and often we obtain a confession from the examinee that
explains the failure of the exam. The information from this phase is shown separately on the report so
that there is a clear delineation of the information provided before and after the exam.
2.4 Reporting
The final phase is the report. We provide most reports within a few minutes of the completion of the
exam after passing QC Review. These reports are sent automatically via email and may also be
downloaded via ClientHQ.
2.5 Record Keeping
All exam results are maintained in accordance with the relevant laws or longer as required by contract.
ClientHQ provides full access to all historical reports.
EXHIBIT B PAYMENT SCHEDULE
FURTWORTH
Ir"10- BID SOLICITATION
Event K) Page Invited: PUBLIC EVENT DETAILS
CFrral-22-004r a
Evert Mcgind VaiMen
1 1
lf:viell[W111/
Submit To: Cily OI Fort Worth
Stwt TUM FhOsh Time FINANCIAL MANAGEMENT SE17VICES
Cal' ad 2r 2o2z 13,30200CeT FINANCE-Purchasing
2DDTexas Si.[[Lower Level,SOuihy
Fort Worth T]f 60102
llnded Sti3re5
Email: FMSPurchas:ngnespanses0fortwonhtexas.gov
Line: 1
Oeee►fodon: ON Unp w1wrtoe TOW
Pdygraph Tegbrg•pre-ertparinant,per Mg. 700 OQ EA
per aftatdied spearico mra.NO Espedled $138.94 $97,258.DU
4bwKUy through Friday,7AM-GPM
Una: 2
Q2pFj m----.- -.._-. ... .. -.-----. . gu _ -go- _ UnwIriae TOW
Polygraph Tetbrg,specific asue.Par twl, 250.00 EA
Llne: 3
patcrl.ion! ON Un t IMlWfke Toml
Pdygraph Tastrg-specrfc issue.per tml, 100.00 EA
par atlad ad spem awm.Norf-V�Lod- 98.0Q ��9,800.d0
Nett,oAnda mrpAw buoh ass Mara
Line: 4
*w,rIRU9rf;r_ _ Writ UdlPrice Toll
Fdy"h Tosik .tdi droc fmsm.per Iasi, 3.00-aY- EA
per aN20W%paoffico ions,NomExp66lW-WeCkmoly and City HoWayb $19.$•00 1 1$594.W
Line: 5
Pea4riAtlm_ Olt UNt UnitPrice Toni
Pdygraph TeOng.specific issue n Spamsh.
per test,per attached speclsaanona. 3.00 EA
Nwr Erpeoled-Monday mrough Friday.
7.00AM-6 DOPM S594.00
Line: 6
Oesertotion: Ott Unit Unitpriee TOW
Poiyyaph Testing.svecdc nsus in Spartsh,
per test,per atkwhod speci-kahons, 3A0 EA
Spanish•Nm Erpodrted•Night outside
r9gti1ar Wlar+%5 hOU S 5198.00 $594.00
line: 7
[(ascription: _ aw Unit UnRPdoo _ TOW
PdyyaCh To3".specific a5ua in Spanish. 3-00 EA
Non Exp�a W� City Hdldays s,98A0 _ $594.00
Taal Bid Amours:
$158.834.Oa
A bld of-0-%s be Interpreted by aw City as a nD-char"(hee)gem and rie city wal not esped to pay for lhal nem.A Qld of'no md'or no response
(space I@t blank(vA he interpreted by the COy mat the OfWer does not wish to bid on that deal Be adowd,a-no hid'or no neapwtse may he
considered as ndrwesponsive and may result in disquakhca(ion of this bid
No Discount
Services not fisted above will be vFgmd w i discount of %
(SBrvic"nuy be added an ark as needed bal s Ovo ghoul Ole We of Ills agreement,therefore,the Gdder shall submrl a price Mist Im at zMable
dams wdh their hid subn klW)
CFYW1.22.0047 4 Rnc Prdtectwe Service,Inc
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,please 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.
• Please 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 please do not send the same
invoice more than once by email to supplierinvoices@fortworthtexas.gov.To check on the status of an
invoice,contact the City Department ordering the goods/services or the Central Accounts Payable
Department by email at:ZZ FIN AccountsPayable@fortworthtexas.gov.
If Vendor is unable to send its invoice as outlined above at this time,send your invoice to our centralized
Accounts Payable department instead of directly to the individual city department.
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
8.1 Contractor 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
City of Fort Worth can call or email notice of cancellations.A no show fee of$69.47
will be charged if less than 24 hours notice is given.
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
Far Vendor doing Gusimss wtih local gmemfn,nW entity
I his N.w+ilec s dines waft to fire hoer by"77L 040 La*..fl 0ft Ss NOW f"MIL!>EOKY
"'ri��f1si1[i Na n aODCfQnfYC9 scat G7e�lsr s76.Local C,LMarlellall[Lam.bl a Ysgdet sii1D F]wr Aearsleq
tell a piremisi tookw sbta as noI by Socnun 176 Optt 1 al Wish a"0manetrlltl a*orb ft
lfn*X aeiefs fWaaeRtena uadef SeCW 176 WAW
By has The quiesonnim knelt ba ftd with Ora facom ackdr+omilmor of era local gortrir uw*on*sail larr
IM ft 7N1 btanis"rV toe date the tirartdtx boaxtlsa awe of UM alai*gLWD f lD bs
Od Sias$OGM t76.t106ta 11.LOW GtWernTWM GOde.
A MNttlbt Gtlrraraat are tt/atlis 1 ilw candor IQ+owxgty�nlalea 5ACMn trrtivpi.LDCif Gorthrxt+atx Cad0.M
ollorw XKW the%orW a a msdommrlu
Mare'of w moor who has a business r"muonahlp welt Isod*oeirnngrMal ornery.
Ruiz Protective Service, Inc.
❑ Chock•wa box a you so Twig an updiw to a pne*iously IWd 4%issammimmW 11be lore tvcp* a V01 yCu nle arr,poaloa
minplofad weacrinme wren the aOC Wmio hnng auawfity eat truer Ilan Cis 7M Ouimass day afper the Oats on whch
ya,became awarre tt l the Jtlirally filed q.4m mra^o was mmrrooke OP lnaeeumts) N/A
9 Kamm of kxai govermimmia m atom,about wha its►xrformatlon it being disclosed
N/A
Name of CENcor
s Dmmrft each omp"rrrnt a otter busrness rslertlonship with the local govornmont othcoc or a fsrnbrr naernber of the
otAear,as d•aerWad by Section 176.00[AlLZ(A)• Also describe arty famlry relationship with Ire local Qovemmeetl Officer.
COetplaas subparts A end 8 for each employment or b"imess mlarionship doacribed. Attiic h soon W nee pages to this form
CIO as mcswswry.
N/A
: -mirr 4rai WvamrrWnt ofixer or a fame* mien►ber of the off"r tecwng or kkpry to loee e t dWb&lrrcarra
tnar rnvoaln'eetd income.from ft verldDr'
Qvel:- F—� he N!A
B is trw vendor ropivinq Of ilk"to rotenre;i+aDia rrGomo.ost+er than vivestmorit mom*.hom or al the dffoctm
Cl the local 9cwomment Oficot or A 1"mambDr of 1ha 71frcer AND rite t3a]bie income is not racwod from ore
Iocaj gpvwrnnantal artm,
Yq, ^+7 NIA
S Doscnbe each employment or business ralairon[rlilp Mat the ttir►dsr norrwG In Section t mainlains*nth a corporation or
other business entity with fsspect to which the local government ofRcar serves as an officer ar director.or holds an
ownerahip interest of one peroem or morn
N/A
s -
❑ ChOM lh:s boa f the vendor has pawn efts 1GCal gOvarnmw't oftW Cr tam#r mambw Ora*Offic r one Or moes pftbs
as Sea= 178.0934aH2X&.excii4ng 9AIs Seeaon 176.OM(3-1l. NIA
02/2212022
SKMLOV of s - paw
Form prot+dett tVf Tares Ethv-3 cfffll teSVW 8 No.at1)lIs.5Tat0.'i.uS 94nnen ' '2-21
EXHIBID D
VERIFICATION OF SIGNATURE AUTHORITY
Ruiz Protective Service,Inc.
2646 Andjon Dr.
Dallas TX,75220
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 a revised Form that has been properly executed by Vendor.
1. Name:Andrew Ruiz
Position: Vic President of Finance
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: Hector Ruiz
Signature of Presid t/CEO
Other Title: Owner
Date: 6/22/2022
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
Servicesforthe 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:A waiver 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 maybe 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 maybe 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