HomeMy WebLinkAboutContract 60651CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND THE CITY OF AUSTIN
WHEREAS,Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code, the City of
Fort Worth (“City”), a Texas home-rule municipality, and the City of Austin, Texas have entered into an
Interlocal Cooperative Purchasing Agreement on November 3, 2015, which provides that when one of the
Local Government Entities enters into a contract with a Vendor for goods and services, the other Local
Government is able to enter into a Purchase Agreement with the Vendor under the same terms and
conditions offered to the Original Local Government Entity so long as the Vendor is agreeable (Copy
Attached as Exhibit “A”);
WHEREAS, Good Guard Texas, Inc. (“Vendor”) responded to Initiation for Bids (IFB) 5000 RGW1007
issued by the City of Austin agreeing to allow other Local Governmental Entities to enter into a Purchase
Agreement with Vendor under the same terms and conditions as those contained in the IFB (Copy attached
as Exhibit “B”);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a “Party” and
collectively as the “Parties” enter into this Purchase Agreement.
The Parties agree that any references to the City of Austin in Exhibit “B” shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit “B” were originally executed between the City and Vendor. This
shall specifically include any requirements imposed on Vendor by virtue of the City of Austin IFB 5000
RGW1007 Ordinance included in Exhibit “B.”
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A – Interlocal Agreement between the City of Fort Worth and the City of
Austin;
2. Exhibit B – Contract between the City of Austin and Vendor for IFB 5000 RGW1007;
3. Exhibit C – Vendor’s Quote, Pricing, Scope of Services or Purchase Order; and
4. Exhibit D – Conflict of Interest Questionnaire.
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit
“B” pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 1 of 85
thereto. In the event of a conflict between Exhibit “B” and this Agreement or Exhibit “A”, then this
Agreement and Exhibit “A” shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit “C” and in accordance with
the provisions of this Agreement. Total annual payment made under this Agreement by City shall be
in an amount up to Six Hundred Thousand Dollars and Zero Cents ($600,000.00). Vendor shall not
provide any additional items or services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager (“Effective Date”) and expires February 28, 2025. City shall have the option to renew this
agreement for 3 (three) one-year renewal options by written agreement of the parties.
Vendor agrees that City shall, 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 documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor’s reasonable rules and regulations while
at Vendor’s facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits, and all such audits shall be conducted on regular business days during Vendor’s regular
business hours in a manner that will not unreasonably interfere with Vendor’s operations at its facilities.
City’s auditors shall present proper credentials to the manager of Vendor’s facility at the time that they
are admitted to such.
This Agreement shall 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
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall 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:
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 2 of 85
To CITY:
City of Fort Worth
Attn: William Johnson, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney’s Office at
same address
To VENDOR:
Good Guard Texas, Inc.
Shawn Helmandi, Region President
2025 Guadalupe St, Suite 260
Austin, TX 78705
[SIGNATURES FOLLOW]
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 3 of 85
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By: ___________________________
Name: William Johnson
Title: Assistant City Manager
Date: ___________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Michael Crum
Title: Public Facilities/Events Director
ATTEST:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: ______________________________
Name: Kevin Kemp
Title: Assistant Public Facilities/Events
Director
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name:
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0920
VENDOR:
Good Guard Texas, Inc.
By:
Name: Shawn Helmandi
Title: Region President
Date: ____________________________
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 4 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 5 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 6 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 7 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 8 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 9 of 85
The Contractor agrees that the Contract shall be governed by the following terms and conditions.
1 GENERAL
1.1 TERM OF CONTRACT:
A. The Contract shall commence upon execution unless otherwise specified and shall continue in effect
until all obligations are performed in accordance with the Contract. Upon written notice to the
Contractor from the City’s Purchasing Officer or designee, unless specified otherwise in the Scope of
Work, the Contract may be extended beyond the initial term at the City’s sole option unless the
Contractor is notified 30 days prior to the expiration. If the City exercises any extension option, all
terms, conditions, and provisions of the Contract shall remain in effect for that extension period, subject
only to any economic price adjustment otherwise allowed under the Contract.
B. Upon expiration of the initial term or any period of extension, the Contractor agrees to holdover under
the terms and conditions of this Contract for such a period as is reasonably necessary for the City to re-
solicit and/or complete the Deliverables due under this Contract. Any holdover period will not exceed
180 calendar days unless mutually agreed on by both parties in writing.
1.2 INDEFINITE QUANTITY:
The quantities and/or services listed herein are estimates of the goods and services needed by the City for
the period of the Contract. The City reserves the right to purchase more or less of these quantities and/or
services as may be required during the Contract term. Quantities and/or services will be as needed and
specified by the City for each order. Unless specified in the Contract, there are no minimum order
quantities.
1.3 INVOICES:
A. The Contractor shall submit separate Invoices for each Order after each delivery or on the schedule
provided in the Contract. If partial shipments or deliveries are authorized by the City, a separate Invoice
must be sent for each shipment or delivery made.
B. Invoices shall be sent to the address on the Purchase Order of Delivery Order in the section entitled,
“BILL TO”. Proper Invoices must include a unique Invoice number, the purchase Order or delivery Order
number, the master agreement number (if applicable), the Department’s Name, and the name of the
point of contact for the Department. Invoices shall be itemized according to pricing structure in the
Contract. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the
Invoice. The Contractor’s name and, if applicable, the tax identification number on the Invoice must
exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor’s Invoice. Invoices
received without all required information cannot be processed and will be returned to the vendor.
C. Invoices for labor shall include a tabulation of work-hours at the appropriate rates and grouped by work
Order number. Time billed for labor shall be limited to hours actually worked.
D.Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontracting and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the Invoiced amount. The
City will furnish a tax exemption certificate upon request.
1.4 PAYMENT:
A. All proper Invoices received by the City will be paid within 30 calendar days of the City’s receipt of the
Deliverables or of the Invoice, whichever is later.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 10 of 85
B. If payment is not timely made, (per Paragraph A), interest shall accrue on the unpaid balance at the
lesser of the rate specified in Texas Government Code §2251.025 or the maximum lawful rate; except,
if payment is not timely made for a reason for which the City may withhold payment hereunder, interest
shall not accrue until 10 calendar days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial
shipment or delivery, as stated above, provided that the Invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. Delivery of defective or non-conforming Deliverables by the Contractor;
ii. Third party claims, which are not covered by the insurance which the Contractor is required to
provide under the terms of this Contract, are filed or there is reasonable evidence indicating
probable filing of such claims;
iii. Failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. Damage to the property of the City or the City’s agents, employees or Contractors, which is not
covered by insurance required to be provided by the Contractor;
v. Reasonable evidence demonstrates that the Contractor’s obligations will not be completed within
the time specified in the Contract, and that the unpaid balance would not be adequate to cover
actual or liquidated damages for the anticipated delay;
vi. Failure of the Contractor to submit proper Invoices with all required attachments and supporting
documentation; or
vii. Failure of the Contractor to comply with any material provision of the Contract Documents.
E. Notice is hereby given of Article VIII, §1 of the Austin City Charter which prohibits the payment of any
money to any person, firm or corporation who is in arrears to the City for taxes, and of §2-8-3 of the
Austin City Code concerning the right of the City to offset indebtedness owed the City.
F. The Contractor agrees to accept payment by either credit card, check or Electronic Funds Transfer for
all goods and/or services provided under the Contract. The Contractor shall factor the cost of processing
credit card payments into the Offer. There shall be no additional charges, surcharges, or penalties to
the City for payments made by credit card.
G. The awarding or continuation of this Contract is dependent upon the availability of funding. The City’s
payment obligations are payable only and solely from funds appropriated and available for this
Contract. The absence of appropriated or other lawfully available funds shall render the Contract null
and void to the extent funds are not appropriated or available and any Deliverables delivered but
unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the
failure of the City to make an adequate appropriation for any fiscal year to pay the amounts due under
the Contract, or the reduction of any appropriation to an amount insufficient to permit the City to pay
its obligations under the Contract. In the event of inadequate appropriation of funds, there will be no
penalty nor removal fees charged to the City. The City shall pay the Contractor, to the extent of funds
appropriated or otherwise legally available for such purposes, for all goods delivered and services
performed, and obligations incurred prior to the date of notice of non-appropriation.
1.5 FINAL PAYMENT AND CLOSE OUT:
A. If a Minority-Owned Business Enterprise/Women-Owned Business Enterprise (MBE/WBE) Program
Compliance Plan is required by the Solicitation, and the Contractor has identified Subcontractors, the
Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Project
Manager or Contract Manager no later than the 15th calendar day after completion of all work under
the Contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance
with the requirements of the Compliance Plan as accepted by the City.
B. The making and acceptance of final payment will constitute:
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 11 of 85
i. A waiver of all claims by the City against the Contractor, except claims (1) which have been
previously asserted in writing and not yet settled, (2) arising from defective work appearing after
final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms
of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the
Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the
City’s right to audit; and
ii. A waiver of all claims by the Contractor against the City other than those previously asserted in
writing and not yet settled.
1.6 SPECIAL TOOLS & TEST EQUIPMENT:
If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated
or required by the Contractor for the purpose of filling this Order, such special tooling equipment and any
process sheets related thereto shall become the property of the City and shall be identified by the
Contractor as such.
1.7 AUDITS AND RECORDS:
A. The Contractor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and the right to audit, examine, or reproduce, any and
all records of the Contractor related to the performance, including security audits, under this Contract,
at the City’s expense. The Contractor agrees to refund to the City any overpayments disclosed by any
such audit. The City agrees to protect from disclosure Contractor’s confidential and proprietary
information disclosed during an audit to the same extent it protects its own confidential and proprietary
information, subject to the requirements of the Texas Public Information Act, Chapter 2251, Texas
Government Code.
B. Records Retention:
i. Contractor is subject to City Code Chapter 2-11 (Records Management), and as it may subsequently
be amended.
ii. The Contractor shall retain all records for a period of three years after final payment on this
Contract or until all audit and litigation matters that the City has brought to the attention of the
Contractor are resolved, whichever is longer.
1.8 FINANCIAL DISCLOSURES AND ASSURANCE:
The City may request and review financial information as the City requires to determine the credit
worthiness of the Contractor, including but not limited to, annual reports, audited financial Statements and
reports, bank letters of credit or other credit instruments. Failure of the Contractor to comply with this
requirement shall be grounds for terminating the Contract.
1.9 RIGHT TO ASSURANCE:
Whenever one party to the Contract in good faith has reason to question the other party’s intent to
perform, demand may be made to the other party for written assurance of the intent to perform. If no
assurance is given within the time specified after demand is made, the demanding party may treat this
failure as an anticipatory repudiation of the Contract.
1.10 STOP WORK NOTICE:
The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a
manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the
City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 12 of 85
by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all
costs incurred by the City as a result of the issuance of such Stop Work Notice.
1.11 DEFAULT:
The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully
perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of
performance, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d)
makes a material misrepresentation in Contractor’s Offer, or in any report or Deliverable required to be
submitted by the Contractor to the City. The City shall be in default if it fails to make payment in accordance
with the Payment terms of this Contract.
1.12 TERMINATION FOR CAUSE:
In the event of a default by either party, the non-defaulting party shall have the right to terminate the
Contract for cause, by written notice effective ten 10 calendar days, unless otherwise specified, after the
date of such notice, unless the defaulting party, within such 10 day period, cures such default, or provides
evidence sufficient to prove to the non-defaulting party’s reasonable satisfaction that such default does
not, in fact, exist. Additionally, the City shall have the right to act in accordance with the terms defined by
“City of Austin Purchasing Office Probation, Suspension and Debarment Rules for Vendors.” In addition to
any other remedy available under law or in equity, either party shall be entitled to recover all actual
damages, costs, losses and expenses, incurred by the party as a result of the Contractor’s default, including,
without limitation, cost of cover, court costs, and prejudgment and post-judgment interest at the maximum
lawful rate. All rights and remedies under the Contract are cumulative and not exclusive of any other right
or remedy provided by law. In the event of termination of the Contract under this Section, the Contractor
shall handover all complete and partially complete Work Products and Documentation developed under
this Contract.
1.13 ATTORNEY’S FEES:
In consideration of the award and execution of this Contract and in consideration of the City’s waiver of its
right to attorney’s fees, the Contractor knowingly and intentionally waives its right to attorney’s fees under
§271.153, Texas Local Government Code, in any administrative proceeding, alternative dispute resolution
proceeding, or litigation arising out of or connected to this Contract.
1.14 TERMINATION WITHOUT CAUSE:
The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon 30
calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly
cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally
available for such purposes, for all goods delivered and services performed, and obligations incurred prior
to the date of termination in accordance with the terms hereof. In the event of termination of the Contract
under this Section, the Contractor shall handover all complete and partially complete Work Products and
Documentation developed under this Contract.
1.15 FRAUD:
Fraudulent Statements by the Contractor on any Offer or in any report or Deliverable required to be
submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by
the City and may result in legal action.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 13 of 85
1.16 DELAYS:
The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City
deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract,
the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in
the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an
adjustment within 30 calendar days from the date of receipt of the notice of delay. Failure to agree on any
adjusted price shall be handled under the Dispute Resolution Clause. However, nothing in this provision
shall excuse the Contractor from delaying the delivery as notified.
1.17 FORCE MAJEURE:
Contractor may be excused from performance under the Contract for any period when performance is
prevented as the result of an act of God, strike, war, civil disturbance, epidemic, pandemic, sovereign
conduct, or court order provided that the Contractor experiences the event of force majeure and prudently
and promptly acts to take any and all steps that are within the Contractor’s control to ensure performance
and to shorten the duration of the event of force majeure. Contractor shall provide notice of the force
majeure event to the City within three (3) business days of the event or delay, whichever occurs later, to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure
to perform. Subject to this provision, such non-performance shall not be deemed a default or a ground for
termination. However, the City may terminate an order under the Contract if it is determined by the City
that the Contractor will not be able to deliver goods or services in a timely manner to meet the business
needs of the City.
1.18 INDEMNITY:
A.IN THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS ASSIGNED BELOW:
(1)“INDEMNIFIED PARTY” IS THE CITY AND THE CITY’S OFFICERS, ELECTED AND APPOINTED OFFICIALS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
(2)“INDEMNIFYING PARTY” IS THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, SUCCESSORS AND ASSIGNS.
(3)THE INDEMNIFYING PARTY SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNIFIED
PARTY AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, CAUSES OF
ACTION, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS OR EXPENSES,
INCLUDING PROFESSIONAL FEES AND ATTORNEYS’ FEES, THAT ARE INCURRED BY THE INDEMNIFIED
PARTY ARISING OUT OF ANY DIRECT OR THIRD PARTY CLAIM OF:
i.BREACH OR NON-FULFILLMENT OF ANY PROVISION OF THIS CONTRACT BY THE INDEMNIFYING
PARTY;
ii.ANY FALSE REPRESENTATION OR WARRANTY MADE BY THE INDEMNIFYING PARTY IN THIS
CONTRACT OR IN THE INDEMNIFYING PARTY’S PROPOSAL/RESPONSE LEADING TO THIS
CONTRACT;
iii.ANY NEGLIGENT OR MORE CULPABLE ACT OR OMISSION OF THE INDEMNIFYING PARTY,
INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT, RELATED TO THE PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS CONTRACT;
iv.BODILY INJURY; DEATH OF ANY PERSON; OCCUPATIONAL ILLNESS OR DISEASE; LOSS OF
SERVICES, WAGES, OR INCOME; OR DAMAGE TO REAL OR PERSONAL PROPERTY CAUSED BY
THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF INDEMNIFYING PARTY,
INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT; OR
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 14 of 85
v. ANY FAILURE OF THE INDEMNIFYING PARTY TO COMPLY WITH ANY APPLICABLE FEDERAL,
STATE, OR LOCAL LAWS, REGULATIONS, OR CODES RELATED TO THE PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS CONTRACT.
B. THE INDEMNIFIED PARTY SHALL GIVE THE INDEMNIFYING PARTY WRITTEN NOTICE (A “CLAIM NOTICE”)
OF ANY CLAIM RECEIVED RELATED TO THIS CONTRACT. THE INDEMNIFYING PARTY’S DUTY TO DEFEND
APPLIES IMMEDIATELY. THE INDEMNIFIED PARTY’S FAILURE TO PROVIDE A CLAIM NOTICE TO THE
INDEMNIFYING PARTY DOES NOT RELIEVE THE INDEMNIFYING PARTY OF ITS DUTY TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTY.
C. THE INDEMNIFIED PARTY MAY SELECT ITS OWN LEGAL COUNSEL TO REPRESENT ITS INTERESTS. THE
INDEMNIFYING PARTY SHALL:
i. REIMBURSE THE INDEMNIFIED PARTY FOR ITS REASONABLE COSTS AND ATTORNEY’S FEES
IMMEDIATELY UPON REQUEST, AS THEY ARE INCURRED, AND
ii. REMAIN RESPONSIBLE TO THE INDEMNIFIED PARTY FOR ANY LOSSES INDEMNIFIED UNDER THIS
SECTION.
D. THE INDEMNIFYING PARTY SHALL GIVE PROMPT, WRITTEN NOTICE TO THE INDEMNIFIED PARTY OF
ANY PROPOSED SETTLEMENT OF A CLAIM THAT IS INDEMNIFIABLE UNDER THIS SECTION. THE
INDEMNIFYING PARTY MAY NOT, WITHOUT THE INDEMNIFIED PARTY’S PRIOR, WRITTEN CONSENT,
SETTLE OR COMPROMISE ANY CLAIM OR CONSENT TO THE ENTRY OF ANY JUDGMENT REGARDING
WHICH INDEMNIFICATION IS BEING SOUGHT UNDER THIS SECTION.
E. MAINTENANCE OF THE INSURANCE REQUIRED BY THIS CONTRACT SHALL NOT LIMIT THE
INDEMNIFYING PARTY’S OBLIGATIONS UNDER THIS SECTION. THE INDEMNIFYING PARTY SHALL
REQUIRE ALL SUBCONTRACTORS TO INDEMNIFY THE CITY IN THE SAME MANNER AS PROVIDED IN THIS
SECTION.
1.19 NOTICES:
Unless otherwise specified, all notices, requests, or other communications required or appropriate to be
given under the Contract shall be in writing and shall be deemed delivered three business days after
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices
delivered by other means shall be deemed delivered upon receipt by the addressee. Notices to the
Contractor shall be sent to the address registered with the City. Notices to the City shall be addressed to
the City at P.O. Box 1088, Austin, Texas 78767 and marked to the attention of the assigned Procurement
Specialist.
1.20 CONFIDENTIALITY:
The Parties may be granted access to certain of the other Party’s or Licensor’s Confidential Information
(including inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the Party or its licensors consider confidential) (Confidential
Information) to provide the Deliverables to the City. The Parties acknowledge and agree that the
Confidential Information is the valuable property of the disclosing Party and its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the disclosing Party and its licensors. The receiving Party (including its employees,
Subcontractors, agents, or representatives) agrees it will maintain the Confidential Information in strict
confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential
Information without prior written consent of disclosing Party, or in a manner not expressly permitted under
this Contract, unless the Confidential Information is required to be disclosed by law or an Order of a court
or other governmental authority (including a Texas Attorney General opinion) with proper jurisdiction. In
all cases, the receiving Party agrees to promptly notify the disclosing Party before disclosing Confidential
Information to permit the disclosing Party reasonable time to seek an appropriate protective Order. The
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 15 of 85
receiving Party agrees to use protective measures no less stringent than the receiving Party uses in its
business to protect its own most valuable information. In all circumstances, the receiving Party’s protective
measures must be at least reasonable measures to ensure the continued confidentiality of the Confidential
Information.
A. The Parties agree: (i) not to use Confidential Information for any reason other than for the purpose of
providing or receiving the Deliverables, (ii) not to disclose Confidential Information to any third party
other than to its employees who have a need to know the Confidential Information for furtherance of
providing the Deliverables, and (iii) to promptly notify the disclosing Party of any request for
Confidential Information to be disclosed under any law or order of any court or other governmental
authority with proper jurisdiction, so as to permit disclosing Party reasonable time to seek an
appropriate protective order.
B. All Confidential Information and derivations thereof shall remain the sole and exclusive property of
disclosing Party, and no license or other right to the Confidential Information or intellectual property is
granted or implied hereby. Upon the written request of disclosing Party, the receiving Party shall
promptly return to disclosing Party all tangible items of Confidential Information furnished by disclosing
Party and all copies thereof or certify in writing that all Confidential Information, including all copies,
has been destroyed.
C. No expiration or termination of the Contract shall affect either Party’s rights or obligations with respect
to Confidential Information.
D. The Parties acknowledge and agree that any breach or threatened breach of the Contract could cause
harm for which money damages may not provide an adequate remedy.
E. The parties agree that in the event of such a breach or threatened breach of the Contract, in addition
to any other available remedies, City may seek temporary and permanent injunctive relief restraining
the Contractor from disclosing or using, in whole or in part, any Confidential Information.
1.21 TEXAS PUBLIC INFORMATION ACT:
A. All material submitted by the Contractor to the City related to the Contract may become subject to
public disclosure upon receipt by the City. Any portions of such material claimed by the Contractor to
be proprietary must be clearly marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, Texas Government Code.
B. In accordance with Texas Government Code §552.372, if this Contract has a stated expenditure of at
least $1 million in public funds for the purchase of goods or services by the City or results in the
expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a
fiscal year, Contractor agrees to:
i. Preserve all Contracting information related to the Contract as provided by the records retention
requirements in the AUDITS AND RECORDS Section of the Contract;
ii. Promptly provide to the City any Contracting information related to the Contract that is in the
custody or possession of Contractor on request of the City; and
iii. On completion of the Contract, either:
(1) Provide at no cost to the City all Contracting information related to the Contract that is in the
custody or possession of Contractor; or
(2) Preserve the Contracting information related to the Contract as provided by the records
retention requirements in the AUDITS AND RECORDS Section of the Contract.
C. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Contract,
and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that Subchapter.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 16 of 85
1.22 PUBLICATIONS:
All published material and written reports submitted under the Contract must be originally developed
material unless otherwise specifically provided in the Contract. When material not originally developed is
included in a report in any form, the source shall be identified.
1.23 ADVERTISING:
The Contractor shall not advertise or publish, without the City’s prior written consent, the fact that the City
has entered into the Contract, except to the extent required by law.
1.24 NO CONTINGENT FEES:
The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure
the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent
fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by
the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall
have the right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
1.25 GRATUTIES:
The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by
the City that gratuities were Offered or given by the Contractor or any agent or representative of the
Contractor to any officer or employee of the City of Austin with a view toward securing the Contract or
securing favorable treatment with respect to the awarding or amending or the making of any
determinations with respect to the performing of such Contract. In the event the Contract is canceled by
the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies,
to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities.
1.26 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS:
No officer, employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any Solicitation shall have a
financial interest, direct or indirect, in the Contract resulting from that Solicitation. Any willful violation of
this Section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject
to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge,
expressed or implied, of the Contractor shall render the Contract voidable by the City.
1.27 INDEPENDENT CONTRACTOR:
The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a
joint venture. The Contractor’s services shall be those of an independent Contractor. The Contractor agrees
and understands that the Contract does not grant any rights or privileges established for employees of the
City.
1.28 ASSIGNMENT DELEGATION:
The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their
respective successors and assigns, provided however, that no right or interest in the Contract shall be
assigned and no obligation shall be delegated by the Contractor without the prior written consent of the
City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity
with this Paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 17 of 85
not a party hereto; it being the intention of the parties that there be no third-party beneficiaries to the
Contract.
1.29 WAIVER:
The claim or right arising out of a breach of the Contract cannot be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration
and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or
more events of default by the other party shall operate as, or be construed to be, a permanent waiver of
any rights or obligations under the Contract, or an express or implied acceptance of any other existing or
future default or defaults, whether of a similar or different character.
1.30 MODIFICATIONS:
The Contract can be modified or amended only in writing and signed by both parties. No pre-printed or
similar terms on any Contractor Invoice, Order, clickwrap agreement or other document shall have any
force or effect to change the terms, covenants, and conditions of the Contract.
1.31 INTERPRETATION:
The Contract is intended by the parties as a final, complete and exclusive Statement of the terms of their
agreement. No course of prior dealing between the parties or course of performance or usage of the trade
shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have
been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a
manner to be fair to both parties, reading no provisions more strictly against one party or the other.
Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
1.32 DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate
prior to prosecuting a suit for damages. However, this Section does not prohibit the filing of a lawsuit
to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written
request for a meeting between representatives of each party within 14 calendar days after receipt of
the request or such later period as agreed by the parties. Each party shall include, at a minimum, one
senior level individual with decision-making authority regarding the dispute. The purpose of this and
any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within
30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the
dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a
written agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within 30 calendar days, a mediator trained in mediation skills to assist
with resolution of the dispute. Should they choose this option, the City and the Contractor agree to act
in good faith in the selection of the mediator and to consider qualified individuals nominated to act as
mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is
trained in the subject matter of the dispute or a Contract interpretation expert. If the parties fail to
agree on a mediator within 30 calendar days of initiation of the mediation process, the mediator shall
be selected by the Travis County Dispute Resolution Center. The parties agree to participate in
mediation in good faith for up to 30 calendar days from the date of the first mediation session. The City
and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 18 of 85
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
1.33 JURISDICTION AND VENUE:
The Contract is made under and shall be governed by the laws of the State of Texas, including, when
applicable, the Uniform Commercial Code as adopted in Texas, Bus. & Comm. Code, Chapter 1, excluding
any rule or principle that would refer to and apply the substantive law of another State or jurisdiction. All
issues arising from this Contract shall be resolved in the courts of Travis County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief
from any competent authority as contemplated herein.
1.34 INVALIDITY:
The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity
or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed
severed from the Contract and the balance of the Contract shall be construed and enforced as if the
Contract did not contain the particular portion or provision held to be void. The parties further agree to
reform the Contract to replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Contract
from being void should a provision which is the essence of the Contract be determined to be void.
1.35 HOLIDAYS:
Dates for the holidays observed by the City can be found here
https://www.austintexas.gov/department/official-city-holidays
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on
Sunday, it will be observed on the following Monday.
1.36 SURVIVABILITY OF OBLIGATIONS:
All provisions of the Contract that impose continuing obligations on the parties, including but not limited to
the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or
termination of the Contract.
1.37 COOPERATIVE CONTRACT:
A.The City has entered into Interlocal Purchasing Agreements with other governmental entities, for the
purpose of accessing their cooperative contracts and making available our cooperative contracts,
pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor
agrees to offer the same prices and terms and conditions of this cooperative contract to other eligible
governmental agencies that have entered into an interlocal agreement with the City for the purpose of
accessing the City’s cooperative contracts.
B.The City does not accept any responsibility or liability for the purchases by other governmental entities
made under a separate contract based on this cooperative contract.
1.38 EQUAL OPPORTUNITY:
A.Equal Employment Opportunity: No Contractor, or Contractor’s agent, shall engage in any
discriminatory employment practice as defined in Chapter 5-4 of the City Code. No Offer submitted to
the City shall be considered, nor any Purchase Order issued, or any Contract awarded by the City unless
the Offeror has executed and filed with the City Purchasing Office a current Non-Discrimination
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 19 of 85
Certification. Non-compliance with Chapter 5-4 of the City Code may result in sanctions, including
termination of the Contract and the Contractor’s suspension or debarment from participation on future
City Contracts until deemed compliant with Chapter 5-4.
B. Non-Retaliation: The Contractor agrees to prohibit retaliation, discharge or otherwise discrimination
against any employee or applicant for employment who has inquired about, discussed or disclosed their
compensation.
C. Americans with Disabilities Act (ADA) Compliance: No Contractor, or Contractor’s agent, shall engage
in any discriminatory practice against individuals with disabilities as defined in the ADA, including but
not limited to: employment, accessibility to goods and services, reasonable accommodations, and
effective communications.
1.39 SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in an MBE/WBE Program Compliance Plan or Subcontractor
Plan the Contractor shall comply with the provisions of Chapters 2-9A, 2-9B, 2-9C, and 2-9D, as
applicable, of the Austin City Code and the terms of the Compliance Plan or Subcontractor Plan as
approved by the City (the “Plan”). The Contractor shall not initially employ any Subcontractor except as
provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in
the Plan, unless the substitute has been accepted by the City in writing in accordance with the
provisions of Chapters 2-9A, 2-9B, 2-9C and 2-9D, as applicable. No acceptance by the City of any
Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective
Deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally
required to submit a monthly Subcontract Awards and Expenditures Report to the Contract Manager
no later than the 10th calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written Contract between
the Contractor and Subcontractor. The terms of the Subcontract may not conflict with the terms of the
Contract and shall contain provisions that
i. Require that all Deliverables and services to be provided by the Subcontractor be provided in strict
accordance with the provisions, Specifications and terms of the Contract;
ii. Prohibit the Subcontractor from further Subcontracting any portion of the Contract without the
prior written consent of the City and the Contractor. The City may require, as a condition to such
further Subcontracting, that the Subcontractor post a payment bond in form, substance and
amount acceptable to the City;
iii. Require Subcontractors to submit all Invoices and applications for payments, including any claims
for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the
Contractor to include same with its Invoice or application for payment to the City in accordance
with the terms of the Contract;
iv. Require that all Subcontractors obtain and maintain, throughout the term of their Contract,
insurance in the type and amounts specified for the Contractor, with the City being a named insured
as its interest shall appear; and
v. Require that the Subcontractor follow terms as defined in section, AUDITS AND RECORDS and City
Code Chapter 2-11
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just
as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract
shall create for the benefit of any such Subcontractor any Contractual relationship between the City
and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to
the payment of any moneys due any such Subcontractor except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor
not later than 10 calendar days after receipt of payment from the City.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 20 of 85
1.40 NON-SPECIFIED SERVICES:
The City may purchase additional related items that are available from the Contractor. Pricing for these
non-specified items will be calculated based on a percentage markup over Contractors cost, percentage
discount of list price or as otherwise identified in the Price Sheet under the Non-Specified Services
Section. The percentage markup or discount shall be fixed throughout the term of the Contract and are
not subject to increase. They shall also remain firm through subsequent Contract extension
options. The City may request additional information from the Contractor to substantiate the
percentage markup or discount prior to placing an order.
1.41 ECONOMIC PRICE ADJUSTMENT:
A. Price Adjustments: Prices shown in this Contract shall remain firm for the first twelve (12) months of
the Contract. After that, in recognition of the potential for fluctuation of the Contractor’s cost, a price
adjustment (increase or decrease) may be requested by either the City or the Contractor on the
anniversary date of the Contract or as may otherwise be specified herein. The percentage change
between the Contract price and the requested price shall not exceed the percentage change between
the specified index in effect on the date the Solicitation closed and the most recent, non-preliminary
data at the time the price adjustment is requested. The requested price adjustment shall not exceed
twenty-five percent (25%) for any single line item and in no event shall the total amount of the Contract
be automatically adjusted as a result of the change in one or more-line items made pursuant to this
provision. Prices for products or services unaffected by verifiable cost trends shall not be subject to
adjustment.
B. Effective Date: Approved price adjustments will go into effect on the first day of the upcoming renewal
period or anniversary date of Contract award and remain in effect until Contract expiration unless
changed by subsequent amendment.
C. Adjustments: A request for price adjustment must be made in writing and submitted to the other Party
prior to the yearly anniversary date of the Contract; adjustments may only be considered at that time
unless otherwise specified herein. Requested adjustments must be solely for the purpose of
accommodating changes in the Contractor’s direct costs. Contractor shall provide an updated price
listing once agreed to adjustment(s) have been approved by the parties.
D. Indexes: In most cases an index from the Bureau of Labor Standards will be utilized; however, if there
is more appropriate, industry recognized standard then that index may be selected.
i. The following definitions apply:
(1) Base Period: Month and year of the original Contracted price (the Solicitation close date).
(2) Base Price: Initial price quoted, proposed and/or Contracted per unit of measure.
(3) Adjusted Price: Base Price after it has been adjusted in accordance with the applicable index change
and instructions provided.
(4) Change Factor: The multiplier utilized to adjust the Base Price to the Adjusted Price.
(5) Weight %: The percent of the Base Price subject to adjustment based on an index change.
a. Adjustment-Request Review: Each adjustment-request received will be reviewed and
compared to changes in the index(es) identified below. Where applicable:
i. Utilize final Compilation data instead of Preliminary data
ii. If the referenced index is no longer available shift up to the next higher category index.
iii. Index Identification: Complete
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 21 of 85
Weight % or $ of Base Price: 100%
Database Name: Producer Price Index
Series ID: 561612
Not Seasonally Adjusted Seasonally Adjusted
Geographical Area: United States
Description of Series ID: Security Guards and Patrol Services
This Index shall apply to the following items of the Price Sheet: All
E.Calculation Price adjustment will be calculated as follows:
Single Index: Adjust the Base Price by the same factor calculated for the index change.
Index at time of calculation
Divided by index on Solicitation close date
Equals Change Factor
Multiplied by the Base Rate
Equals the Adjusted Price
F.If the requested adjustment is not supported by the referenced index, the City, at its sole discretion,
may consider approving an adjustment on fully documented market increases.
1.42 INSURANCE:
A GENERAL INSURANCE REQUIREMENTS:
i.The Contractor shall provide a Certificate of Insurance as verification of coverages and
endorsements required in Section B., Specific Insurance Requirements, to the City prior to Contract
execution and within 14 calendar days after written request from the City. Failure to provide the
required Certificate of Insurance may subject the Offer to disqualification from consideration for
award. The Contractor must also forward a Certificate of Insurance to the City whenever a
previously identified policy period has expired, or an extension option or hold over period is
exercised, as verification of continuing coverage.
ii.All endorsements naming the City as additional insured, waivers, and notices of cancellation shall
indicate, and the Certificate of Insurance shall be mailed to the following address:
City of Austin Purchasing Office
P.O. Box 1088
Austin, Texas 78767
OR
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 22 of 85
PURInsuranceCompliance@austinTexas.gov
iii. The Contractor shall not commence work until the required insurance is obtained and until such
insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractor.
iv. The City may request that the Contractor submit certificates of insurance to the City for all
Subcontractors prior to the Subcontractors commencing work on the project.
v. The Contractor’s and all Subcontractors’ insurance coverage shall be written by companies
authorized to do business in the State of Texas and have an A.M. Best rating of B+VII or better.
vi. The “other” insurance clause shall not apply to the City where the City is an additional insured
shown on any policy. It is intended that policies required in the Contract, covering both the City and
the Contractor, shall be considered primary coverage as applicable.
vii. If insurance policies are not written for amounts specified in Section B., Specific Insurance
Requirements, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences
in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary
coverage.
viii. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either of the
parties hereto or the underwriter on any such policies.
ix. The City reserves the right to review the insurance requirements set forth during the effective
period of the Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by the City based upon changes in exposure,
statutory law, court decisions, the claims history of the industry or financial condition of the
insurance company as well as the Contractor.
x. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
xi. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. Self-insured retentions greater than $499,999 shall be disclosed on the Certificate
of Insurance.
xii. If any required insurance is written on a claims-made basis, the Certificate of Insurance shall state
that the coverage is claims-made and the retroactive date shall be prior to or coincident with the
date of the Contract and the coverage continuous and shall be provided for 24 months following
the completion of the Contract.
xiii. The insurance coverages specified in Section B., Specific Insurance Requirements, are required
minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Insurance Coverage Requirements: The Contractor, consistent with its status as an independent
Contractor shall carry and will cause its Subcontractors to carry, at a minimum insurance in the types and
amounts indicated below for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
i. Worker’s Compensation and Employers’ Liability Insurance: Coverage shall be consistent with
statutory benefits outlined in the Texas Worker’s Compensation Act (Section 401). The minimum
policy limits for Employer’s Liability are $1,000,000 bodily injury each accident, $1,000,000 bodily
injury by disease policy limit and $1,000,000 bodily injury by disease each employee.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 23 of 85
(1) The Contractor’s policy shall apply to the State of Texas and include these endorsements in favor
of the City of Austin:
a. Waiver of Subrogation, Form WC420304, or equivalent coverage;
b. 30 Days’ Notice of Cancellation, Form WC420601, or equivalent coverage.
c. Alternate Employer Endorsement, Form WC000301
ii. Commercial General Liability Insurance: Coverage with minimum bodily injury and property
damage per occurrence limits of $2,000,000 for coverages A (Bodily Injury and Property Damage)
and B (Personal and Advertising Injury).
(1) The policy shall contain the following provisions:
a. Contractual liability coverage for liability assumed under the Contract and all other Contracts
related to the project;
b. Independent Contractors coverage (Contractor/Subcontracted work);
c. Products/Completed Operations Liability for the duration of the warranty period;
d. If the project involves digging or drilling, provide Explosion, Collapse, and Underground (X, C, &
U) Coverage.
(2) The policy shall also include these endorsements in favor of the City of Austin:
a. Waiver of Subrogation, Endorsement CG 2404, or equivalent coverage;
b. 30 Days’ Notice of Cancellation, Endorsement CG 0205, or equivalent coverage;
c. The City of Austin listed as an additional insured, Endorsement CG 2010, or equivalent
coverage.
iii. Business Automobile Liability Insurance: Coverage f or all owned, non-owned and hired vehicles
with a minimum combined single limit of 2,0500,000 per occurrence for bodily injury and property
damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury
per occurrence and at least $100,000 property damage liability per accident.
(1) The policy shall include these endorsements in favor of the City of Austin:
a. Waiver of Subrogation, Endorsement CA0444, or equivalent coverage;
b. 30 Days’ Notice of Cancellation, Endorsement CA0244, or equivalent coverage;
c. The City of Austin listed as an additional insured, Endorsement CA2048, or equivalent coverage.
iv. Third Party Employee Crime Insurance: Contractor shall provide coverage to protect the assets and
property of the City with limits of not less than $2,000,000 per claim. Contractor’s insurance will be
primary to any insurance carried by the City.
v. Employee Practices Insurance: With a minimum limit of $1,000,000 per claim to pay on behalf of
the insured all sums which the insured shall become legally obligated to pay as damages by reason
of allegation of wrongful acts arising from the employment process including but not limited to
wrongful termination/failure to promote, discrimination, sexual harassment, and retaliation.
Coverage to be included for Third Party Liability for any actual or alleged discrimination against a
Third-Party and harassment, directed against a Third-Party, including sexual harassment,
unwelcome sexual advances, requests for sexual favors or other misconduct or a sexual nature.
C. Endorsements: The specific insurance coverage endorsements specified above, or their equivalents
must be provided. If endorsements, which are the equivalent of the required coverage, are proposed
to be substituted for the required coverage, copies of the equivalent endorsements must be provided
for the City’s review and approval.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 24 of 85
2 SERVICES
2.1 ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES AND/OR SERVICES:
If, instead of requiring immediate correction or removal and replacement of defective or non-conforming
Deliverables or Services, the City prefers to accept it, the City may do so. The Contractor shall pay all claims,
costs, losses and damages attributable to the City’s evaluation of and determination to accept such
defective or non-conforming Deliverables or Services. If any such acceptance occurs prior to final payment,
the City may deduct such amounts as are necessary to compensate the City for the diminished value of the
defective or non-conforming Deliverables or Services. If the acceptance occurs after final payment, such
amount will be refunded to the City by the Contractor within 30 calendar days of notification provided by
the City.
2.2 WORKFORCE:
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the
services which they will perform under the Contract.
B. The Contractor, its employees, Subcontractors, and Subcontractor's employees may not while engaged
in participating or responding to a Solicitation or while in the course and scope of delivering goods or
services under a City of Austin Contract or on the City's property:
i. Illegally use or possess a firearm, except as required by the terms of the Contract; or
ii. Use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor
may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly
or disobedient, has knowingly or repeatedly violated safety regulations, has illegally possessed any
firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor
shall immediately remove such worker from Contract services, and may not employ such worker again
on Contract services without the City's prior written consent.
2.3 GUARANTEE – SERVICES:
The Contractor warrants and represents that all services to be provided to the City under the Contract will
be fully and timely performed in a good and workmanlike manner in accordance with generally accepted
industry standards and practices following the terms, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by
law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from Final
Acceptance Date. If during the warranty period, one or more of the above warranties are breached,
the Contractor shall promptly upon receipt of demand perform the services again in accordance with
the services warranty standard at no additional cost to the City. All costs incidental to such additional
performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written
notice of the breach of warranty within 30 calendar days of discovery of the breach of warranty, but
failure to give timely notice shall not impair the City’s rights under this Section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard
as required by the City, then in addition to any other available remedy, the City may reduce the amount
of services it may be required to purchase under the Contract from the Contractor and purchase
conforming services from other sources. In such event, the Contractor shall pay to the City upon
demand the increased cost, if any, incurred by the City to procure such services from another source.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 25 of 85
2.4 PLACE AND CONDITION OF WORK:
The City shall provide the Contractor access to the sites where the Contractor is to perform the services as
required for the Contractor to perform the services in a timely and efficient manner, in accordance with
and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has
satisfied itself as to the nature of the City’s service requirements and Specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way
affect performance of the Contractor’s obligations under the Contract. The Contractor hereby releases and
holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual
site or service conditions differ from expected conditions.
2.5 COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS:
The Contractor, its Subcontractors, and their respective employees, shall comply fully with all applicable
Federal, State, and local health, safety, and environmental laws, ordinances, rules and regulations in the
performance of the services, including but not limited to those promulgated by the City and by the
Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety
requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all
claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach
of the Contractor’s obligations under this Paragraph.
2.6 LIVING WAGES:
The City’s Living Wage Program, Rule R161-17.14, is located at:
http://www.austinTexas.gov/edims/document.cfm?id=277854
A. The minimum wage required for all Contractor Employees (and all tiers of Subcontracting) directly
assigned to this City Contract is $15.00 per hour, unless Published Wage Rates are included in this
Solicitation. In addition, the City may stipulate higher wage rates in certain Solicitations in order to
assure quality and continuity of service.
B. The City requires Contractors submitting Offers on this Contract to provide a certification (see the Living
Wages Contractor Certification included in the Solicitation) with their Offer certifying that all Contractor
Employees (and all tiers of Subcontracting) directly assigned to this City Contract will be paid a minimum
living wage equal to or greater than $15.00 per hour. The certification shall include a list of all Contractor
Employees (and all tiers of Subcontracting) directly assigned to providing services under the resultant
Contract including their name and job title. The list shall be updated and provided to the City as
necessary throughout the term of the Contract.
C. The Contractor shall maintain throughout the term of the resultant Contract basic employment and
wage information for each employee as required by the Fair Labor Standards Act.
D. The Contractor shall provide to the Department’s assigned Contract Manager with the first Invoice,
individual Employee Certifications for all Contractor Employees (and all tiers of Subcontracting) directly
assigned to the Contract. The City reserves the right to request individual Employee Certifications at
any time during the Contract term. Employee Certifications shall be signed by each Contractor
Employee (and all tiers of Subcontracting) directly assigned to the Contract. The Employee Certification
form is available on-line at https://www.austinTexas.gov/financeonline/vendor_connection/index.cfm.
E. Contractor shall submit employee certifications for Contractor Employees (and all tiers of
Subcontracting) annually on the anniversary date of Contract award with the respective Invoice to verify
that employees are paid the Living Wage throughout the term of the Contract. The Employee
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 26 of 85
Certification Forms shall be submitted for Contractor Employees (and all tiers of Subcontracting) added
to the Contract and/or to report any employee changes as they occur.
F. The Department’s assigned Contract Manager will periodically review the employee data submitted by
the Contractor to verify compliance with this Living Wage provision. The City retains the right to review
employee records required in Paragraph C above to verify compliance with this provision.
2.7 WORKFORCE SECURITY CLEARANCE AND IDENTIFICATION (ID) REQUIRED BACKGROUND CHECK:
A. Contractors are required to obtain a certified criminal background report with fingerprinting (referred
to as the “report”) for all persons performing on the Contract, including all Contractor, Subcontractor,
and Supplier personnel (for convenience referred to as “Contractor’s personnel”) and shall not utilize
any Contractor’s personnel, to fulfill the obligations of the Contract, who have been convicted of any
crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or
misdemeanor offense for which incarceration for up to 1 year is an authorized penalty.
B. The report may be obtained by reporting to one of the below governmental entities, submitting to
fingerprinting and requesting the report [requestors may anticipate a two-week delay for State reports
and up to a four- to six-week delay for receipt of a Federal report.
i. Texas Department of Public Safety for any person currently residing in the State of Texas and having
a valid Texas driver’s license or photo ID card;
ii. The appropriate governmental agency from either the U.S. state or foreign nation in which the
person resides and holds either a valid U.S. state-issued or foreign national driver’s license or photo
ID card; or
iii. A Federal Agency. A current Federal security clearance obtained from and certified by a Federal
agency may be substituted.
C. Contractor shall obtain the reports at least 30 days prior to any onsite work commencement.
Contractor also shall attach to each report the project name, Contractor’s personnel name(s), current
address(es), and a copy of the U.S. state-issued or foreign national driver’s license or photo ID card.
D. Contractor shall provide the City the documentation specified in the SOW affirming that Contractor has
conducted required security screening of Contractor’s personnel to determine those appropriate for
execution of the work and for presence on the City’s property. A list of all Contractor Personnel
requiring access to the City’s site shall be attached to the affidavit.
E. Upon receipt by the City of Contractor’s affidavit described in (D) above and the list of the Contractor’s
personnel, the City will provide each of Contractor’s personnel a City-issued Contractor ID badge that
is required for access to City property that shall be worn at all times by Contractor’s personnel while on
the work site. Failure to wear or produce the ID badge may be cause for removal of an individual from
the work site, without regard to Contractor’s schedule. Lost ID badges shall be reported to the City’s
Contract Manager. Contractor shall reimburse the City for all costs incurred in providing additional ID
badges to Contractor Personnel.
F. The City reserves the right to deny an ID badge to any Contractor personnel for reasonable cause,
including failure of a Criminal History background check. The City will notify the Contractor of any such
denial no more than 20 days after receipt of the Contractor’s reports. Where denial of access by a
particular person may cause the Contractor to be unable to perform any portion of the work under the
Contract, the Contractor shall so notify the City’s Contract Manager, in writing, within 10 calendar days
of the receipt of notification of denial.
G. ID badges to enter and/or work on the City property may be revoked by the City at any time. ID badges
must be returned to the City at the time of project completion and acceptance or upon removal of an
individual from the work site.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 27 of 85
H. Non-disclosure and Separation of Duties: The Contractor shall enforce separation of job duties, require
commercially reasonable non-disclosure agreements, and limit staff knowledge of City data to that
which is absolutely necessary to perform job duties.
I. Right to Remove Individuals: The City shall have the right at any time to require that the Contractor
remove for any or no reason at all from interaction with City any Contractor representative whom the
City believes is detrimental to its working relationship with the Contractor. The City shall provide the
Contractor with notice of its determination if reasonably possible. If the City signifies that a potential
security violation or other immediate risk situation exists with respect to the request, the Contractor
shall immediately remove such individual. The Contractor shall not assign the person to any aspect of
the Contract or future work orders without the City’s consent.
J. Contractor is not required to obtain reports for delivery personnel, including but not limited to FedEx,
UPS, Roadway, or other materials delivery persons, however all delivery personnel must present
company/employer-issued photo ID and be accompanied by at least one of Contractor’s personnel at
all times while at the work site.
K. Contractor shall retain the reports and make them available for audit by the City during regular business
hours.
3 DEFINITIONS
1. “Affiliate” – including but not limited to, (i) Contractor’s parent, subsidiaries, sister companies,
partnerships, joint ventures, franchisees, assigns, business partners, contractors, subcontractors and
consultants, controlling, controlled by or under common control of Contractor as they may change from
time to time and (ii) Users, as they may change from time to time.
2. “Amendment” – a written document executed by both Parties that modifies the terms of this Contract,
including referenced attachments.
3. “Authorized Persons” – the Contractor personnel (including subcontractor personnel) located in the
contiguous United States having successfully completed the required background check and related
requirements of the Contract.
4. “Change Order Request” – the written document provided by the City to Contractor requesting changes
to Contractor’s obligations under this Contract.
5. “Change Order Response” – the written document provided to the City by Contractor in response to City’s
Change Order Request.
6. “City Confidential Information” – (a) information provided by the City that is marked or identified as
confidential, (b) information, including software, computer programs, documentation, processes,
procedures, techniques, technical, financial, customer, personnel and other business information of a non-
public nature that would reasonably be understood to be confidential whether or not marked or identified
as confidential, (c) information generated by Contractor (or subcontractor) that contains, reflects, or is
derived from Confidential Information, (d) Personal Identifying Information, (e) Restricted Data , and (f) all
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 28 of 85
other information made confidential by federal, state or local law or regulation. City Confidential
Information is part of City Data.
7. “City Data” – data or information (in any form) regarding the City or its customers that is created, collected,
provided, obtained, or otherwise made available in connection with this Contract to an Authorized Person.
8. “City Identified Contact” – the person or persons designated in writing by the City to receive security
incident notifications.
9. “City” – the City of Austin, Texas, a municipal corporation and subdivision of the State of Texas, or a
department of same.
10. “Cloud Service” – any Service made available to Users via the Internet from a provider's servers as opposed
to being provided from the City’s own on-premises servers. In this instance, it would mean such Services
provided by the Contractor.
11. “Confidential Information” – all written or oral information, which may be disclosed by either Party to the
other, related to the business operations of either Party or a third party that has been identified as
confidential or that by the nature of the information or the circumstances surrounding disclosure ought
reasonably to be treated as confidential; “City Confidential Information” is a subsets of Confidential
Information.
12. “Contract” – the final general authorizing document (including Change Orders thereto) utilized by the City
to procure Services from Contractor and any attachments and appendices attached thereto.
13. "Contract Price" – the total amount to be paid to Contractor under any Purchase Order as it may be
adjusted or changed in accordance with the terms of the final Contract.
14. “Contractor” – the contractor and its employees, subcontractors, agents and affiliates who are providing
the services agreed to under the contract.
15. “Contractor Information” – all techniques, algorithms and methods or rights thereto owned by or licensed
to Contractor during the term of this Contract and employed by Contractors in connection with the Services
provided to City.
16. “Contractor Software” – software that was developed or licensed to Contractor independent of this
Contract and which Contractor utilizes to provide the Subscription Services or the Non-subscription
Services.
17. “Data Breach” – the unauthorized access by a non-authorized person(s) that results in the use, disclosure
or theft of City’s or City’s customers’ unencrypted Personally Identifiable Information or City Confidential
Information.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 29 of 85
18. “Documentation” – the documentation created by the Contractor for the Services provided but does not
include customized documentation prepared under the Contract and which are Deliverables under the
Contract, including the Statement of Work; such Deliverables are wholly owned by City and Contractor shall
make no claim to such Deliverables.
19. “Facility” – the City designated facility or location set forth in the Purchase Order where Services are to be
performed by Contractor or Supplier or software installed.
20. “FACTA” – the Fair and Accurate Credit Transactions Act, 15 U.S.C. §§ 1681-1681x.
21. “Final Acceptance Date” – the date upon which the City confirms that all Services and Work Products have
been completed and tested and function in accordance with the terms of the Contract.
22. “IaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out
the Parties’ rights and obligations with respect to City’s access to and use of the IaaS services.
23. “Infrastructure-as-a-Service” (IaaS) – the capability provided to the consumer to provision processing,
storage, networks and other fundamental computing resources where the consumer is able to deploy and
run arbitrary software, which can include operating systems and applications. The consumer does not
manage or control the underlying cloud infrastructure but has control over operating systems, storage,
deployed applications and possibly limited control of select networking components (e.g., host firewalls).
24. “Non-Public Data” – data typically considered internal and used for city business or mission needs. All
information is considered Non-Public unless otherwise classified or explicitly defined through the
Information Governance Program or official policy or procedural documents.
25. “Public Data” means data typically created for public release or released to the public through management
decision and/or a public information request.
26. “Restricted Data” means data typically exempt from public disclosure requirements under the provisions
of applicable state or federal law. Examples of restricted information are regulated and confidential data.
27. “Non-Subscription Services” – the Services provided to City by Contractor under this Contract that are not
included in the definition of Subscription Services. Non-subscription Services shall include, but not be
limited to, consulting, implementation, customization and other services provided to City by Contractor
under this Contract, together with all documentation provided by or otherwise required of Contractor for
any of the consulting, implementation, customization or other Services it provides.
28. “PaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out
the Parties’ rights and obligations with respect to City’s access to and use of the PaaS services.
29. “Party” or “Parties” – the City and Contractor, individually or together, as applicable.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 30 of 85
30.“Personally Identifiable Information” – information that can be used to distinguish or trace an individual's
identity, either alone or when combined with other personal or identifying information that is linked or
linkable to a specific individual. PII includes, but is not limited to, personal information and/or personal
data. Some forms of PII are considered Restricted Data and require additional protection, including, but not
limited to, Sensitive Personal Information (SPI), Sensitive and/or Protected PII, and Protected Health
Information (PHI).
31.“Platform-as-a-Service” (PaaS) – the capability provided to the City to deploy onto the cloud infrastructure
consumer-created or -acquired applications created using programming languages and tools supported by
the provider. This capability does not necessarily preclude the use of compatible programming languages,
libraries, services and tools from other sources. The consumer does not manage or control the underlying
cloud infrastructure, including network, servers, operating systems or storage, but has control over the
deployed applications and possibly application hosting environment configurations.
32. “Purchase Order” – the general authorizing document (including Change Orders thereto) utilized by the
City to procure Services from Contractor under this Contract and any attachments and appendices attached
thereto.
33.“SaaS Software Application” and “SaaS Software” – the computer software listed on a SaaS Subscription
Schedule to which Contractor has granted City access and use as part of the Subscription Services. This
includes any customization, other derivative works, upgrades, releases, fixes, patches, etc. related to the
software that Contractor develops or deploys during the term of this Contract, together with all
documentation provided by or otherwise required of Contractor for any of the software, customization,
other derivative works, upgrades, releases, fixes, patches, etc.
34.“SaaS Subscription Schedule” – the document, part of the Contract, executed by both Parties that sets out
the Parties’ rights and obligations with respect to City’s access to and use of the SaaS Software Application.
35.“Security Incident” – any actual or potential unauthorized disclosure of, or unauthorized access to, City
Confidential Information; or a violation or imminent threat of violation of computer security policies,
acceptable use policies, or violation or imminent threat of violation of industry standard security practices.
36.“Service Level Agreement” (SLA) – a written agreement between both the City and the Contractor that is
subject to the terms and conditions of the Contract that, unless otherwise agreed, includes (1) the technical
service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description
of service quality, (3) identification of roles and responsibilities, (4) security responsibilities and notice
requirements, (5) how disputes are discovered and addressed, and (6) any remedies for performance
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 31 of 85
failures by or otherwise required of Contractor for any of the software, customization, other derivative
works, upgrades, releases, fixes, patches, etc.
37.“Service Levels” – the performance specifications for work performed by the Contractor under a SaaS
Subscription Schedule or Statement of Work.
38."Services" – work, direction of work, installation services, technical information, technical consulting,
software programming and development, software maintenance and support services, or other
professional and technical services furnished by Contractor as described in detail in the final Contract.
39.“Software” – the computer programs in source code, object code or binary form or in any other form,
including any related or included computer programs, whether owned by Licensor or licensed to Licensor
by a third party which has authorized Licensor to sublicense such computer programs, and including any
documentation or related materials concerning the application, use, training of users, theory of operation,
maintenance or any other aspect of the Software.
40.“Software-as-a-Service” (SaaS) – the Services provided to the City to use the Contractor’s offering running
on non-City owned infrastructure. The User does not manage or control the underlying cloud infrastructure
including network, servers, operating systems, storage or even individual application capabilities, with the
possible exception of limited user-specific application configuration settings.
41.“Specifications” – those technical specifications attached to the Contract and to which the Services and
Work Products supplied by Contractor must conform.
42.“Statement/Scope of Work” – a written statement of Deliverables including Services and, ultimately, the
Contract, which describes the City’s Service needs and expectations.
43.“Subscription Services” – City’s access to and use of and Contractor’s provision of the SaaS Software
Applications and other Services listed on a SaaS Subscription Schedule and in accordance with the terms
and conditions set forth in the SaaS Subscription Schedule and Contract documents, as appropriate.
44.“Third Party” – any natural person or legal entity other than Contractor and City.
45.“Transition Date” – the date upon which it is established to City’s satisfaction that the SaaS Software
Application is stable enough to support City’s production processing.
46.“User Information” – all information directly or indirectly obtained from Users accessing the SaaS Software
Applications where such information is obtained by Contractor or by any of its employees, representatives,
agents or any Third Parties having contractual privity with Contractor or who are under Contractor’s
supervision or control.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 32 of 85
47.“User” – City’s employees, agents, consultants, outsourcing companies, contractors and others who are
authorized by City to access and use the SaaS Software Applications and any part or portion of the
Subscription Services or non-Subscription Services in the performance of their duties for City.
48.“Work Product” – all deliverables and other materials, products or modifications developed or prepared
for City by Contractor under this Contract, including without limitation, any integration software or other
software, all data, program images and text viewable on the Internet, any HTML code relating thereto, or
any program code, including program code created, developed or prepared by Contractor under or in
support of the performance of its obligations under this Contract, including manuals, training materials and
documentation, but excluding the Contractor’s Software.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 33 of 85
CITY OF AUSTIN
SCOPE OF WORK
CITYWIDE MOBILE SECURITY PATROL SERVICES
SOLICITATION NO.: IFB 5000 RGW1007
1.0 PURPOSE
The City of Austin (City) seeks to establish a sixty (60) month Contract with a qualified Contractor to
provide mobile security patrol services.
Any services that have been omitted from this scope of work which are clearly necessary or in
conformance with normal security patrol practices for the security of these facilities shall be considered
a requirement although not directly specified or called for in the scope of work.
This Contract will be utilized by the City’s Building Services Department, Austin Public Health, and the
Parks and Recreation Department though other City departments may be added to the Contract based
on the City’s needs.
Please note Exhibit A for an estimated patrol schedule for City patrol locations. The City will work with
the Contractor to establish the routine services schedule for the security of each location and any
additional sites added during the Contract term.
The City reserves the right to add or remove City departments and facilities or locations.
2.0 CONTRACTOR QUALIFICATIONS
The Contractor shall:
2.1 Have a minimum of three (3) years of continuous experience providing security patrol services.
As evidence of experience, Offerors shall submit proof of experience providing commercial
security services to municipalities or organizations similar in size and scope of the City within
five (5) business days of the City’s request.
2.2 Have ample staff to support City security service needs at various locations and for varying
shifts. To provide a reference for City requirements under the Contract, an estimated list of
locations and schedules is incorporated as Exhibit A. The location list and schedule are subject
to change prior to and during the Contract term.
2.3 Require that patrol staff wear uniforms and utilize patrol vehicles that are easily identifiable as
security services when providing Contract services.
2.4 Hire and employ guards that:
2.4.1 Are able to hear and conduct normal conversations within at least a fifteen-foot distance.
2.4.2 Have 20/20 vision with or without prescription lenses; read a license plate at a minimum
distance of 25 feet; and are able to distinguish colors (red, blue, yellow, white, green, etc.).
2.4.3 Are able to physically lift at least 25 pounds; operate a fire extinguisher; carry a small
child; assist in the lifting of handicapped persons during a building evacuation; and climb
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 34 of 85
at least five flights of stairs in two minutes or less.
2.4.4 Are mentally capable and free of any judgment by a court of incompetence
due to mental defect or illness.
2.4.5 Conduct themselves in a professional manner.
2.4.6 Are able to read English and are capable of speaking and writing intelligibly in
English.
3.0 CONTRACTOR REQUIREMENTS
The Contractor shall:
3.1 Provide a Single Point of Contact (SPOC), who is able to speak and read English
intelligibly, who is also skilled, knowledgeable, and experienced in providing the types of
services listed in this Scope of Work.
3.1.1 The SPOC shall have the authority to dispatch Contractor personnel.
3.1.2 The SPOC shall have full decision-making authority on behalf of the Contractor for all
services provided under this Contract.
3.1.3 The SPOC shall be available via a local number for texting/paging or the Contractor’s
telephone dispatch system.
3.1.4 The SPOC shall inspect, monitor, and supervise the Contractor’s employees, ensuring
adherence to the work schedule, safety requirements, and quality of work. The City’s
SPOC shall not be changed or removed from the project without prior written consent by
the Contract Manager or designee.
3.1.5 The SPOC shall be available and on-call twenty-four (24) hours daily including weekends
and holidays.
3.1.6 The SPOC’s office phone number, email address, and cell phone number shall be
provided, in writing to the Contract Manager or designee within ten (10) business days
of Contract effective date. During times the SPOC is unavailable (due to vacation, travel,
etc., for example), the Contractor shall provide a designee for the SPOC in writing, in
advance, to the Contract Manager or designee.
3.1.7 The SPOC’s designee shall meet the same requirements as specified for the SPOC
within this SOW and shall have the same authority as the SPOC.
3.2 Perform security patrol services at City locations. Contractor shall complete all security patrol
services at City locations on a schedule established by the Contract Manager and mutually
agreed upon with the Contractor within thirty (30) days of the Contract Effective Date.
3.2.1 Regular Hours for security patrols are 6AM - 5PM Monday through Friday, excluding
holidays.
3.2.2 Non-Regular Hours for security patrols are 5PM - 6 AM Monday through Friday,
Weekends, and Holidays.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 35 of 85
3.2.3 Emergency Patrols and Non-Scheduled Patrols are for security patrols may occur at any
time Monday – Sunday. These patrols are one-time occurrences.
3.2.3.1 Emergency patrols require a response time of one hour or less.
3.2.3.2 Non-Scheduled patrols require a response time of two hours or less.
3.3 Provide any additional building security patrol requirements as requested by the City in writing.
These additional services may be added onto this contract by amendment and incorporated into
the Contract at the Scheduled Services Rate.
3.4 Protect and be responsible for any damages caused by Contractor’s employees, or
subcontractors to City property or any adjacent property, and buildings, while performing contract
related tasks. Should any damage to City property be caused by the Contractor or its
subcontractors, the Contractor shall immediately, or upon discovery, inform the Contract
Manager or their designee and make immediate repairs (to be complete within the City’s
requested timeline) or replacement to the satisfaction of the City at no cost to the City. The City
may elect to make repairs, or replacement of damaged property, and deduct the cost from
payment due to the Contractor.
3.5 Notify proper City personnel, i.e., facilities managers or City’s Contract Manager, of any
circumstances which may cause lapses in the services of this contract in advance.
3.6 Inform City’s Contract Manager or their designee of any changes in scheduling prior to the
changes taking effect The City’s Contract Manager or their designee may or may not approve the
schedule change based on the City’s requirements for the location.
3.7 For all sites listed in Exhibit A and for sites that are added to Exhibit A by amendment, inclusive of
any Non-Scheduled Patrols and Emergency Patrols by request, the Contractor shall provide a
physical check of all doors, parking lot areas, and fence line to ensure all areas are secure and no
damage to property is present.
3.8 Provide daily, routine notification reports for any unsecure doors, or damage to City property to
the Contract Manager.
3.9 Routine and Emergency Notification
The Contractor shall:
3.9.1 Conduct emergency patrols at a cost per occurrence for security patrol services at
various city facilities as needed.
3.9.2 Respond to the emergency patrol request within one hour and complete a physical check
of all doors, parking lot areas, and fence line to ensure all areas are secure and no
damage to property is present.
3.9.3 Provide same-day notification reports for any unsecure doors, or damage to City property
to the Contract Manager.
3.10 Safety
The Contractor shall:
3.10.1 Comply with all OSHA, Federal, State, City, and safety rules and regulations
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 36 of 85
found at the following link: https://www.dps.texas.gov/rsd/psb/
3.10.2 Be responsible for assuring the safety of employees and the public during performance of
all services.
4.0 CITY REQUIREMENTS
4.1 City will provide the Contractor with name(s) and contact information of City personnel
who intend to utilize this contract within ten (10) business days of Contract Effective Date.
4.2 City will provide the Contractor a proposed security service schedule within ten (10)
business days of Contract effective date.
5.0 SPECIFIC INVOICE REQUIREMENTS
For Austin Public Health, the City’s preference is to have invoices emailed to
HHSDAPinvoices@austintexas.gov.
For Building Services Department, the City’s preference is to have invoices emailed to
BSDAPInvoices@austintexas.gov or mailed to the below address:
City of Austin
Department Building Services Department
Attn: Accounts Payable
Address 411 Chicon
City, State Zip Code Austin, TX 78702
For Parks and Recreation Department, the City’s preference is to have invoices emailed to
PARDAccountsPayable@austintexas.gov or mailed to the below address:
City of Austin
Department Parks and Recreation Department
Attn: Accounts Payable
Address 200 S. Lamar Blvd
City, State Zip Code Austin, TX 78704
For questions regarding your invoice/payment please contact the City Contract Manager.
6.0 DESIGNATION OF KEY PERSONNEL
The City and the Contractor resolve to keep the same key personnel assigned to this
engagement throughout its term. In the event that it becomes necessary for the Contractor to
replace any key personnel, the replacement will be an individual having equivalent experience
and competence in executing projects such as the one described herein. Additionally, the
Contractor shall promptly notify the City and obtain approval for the replacement. Such approval
shall not be unreasonably withheld. The Contractor’s and City’s key personnel are identified as
follows:
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 37 of 85
Title Name Phone Number Email Address
City Contract Manager (BSD) Marty James 512-974-3519 Marty.James@austintexas.gov
City Contract Manager (BSD) Chris Adams 512-974-1704 Christopher.Adams1@austintexas.gov
City Contract Manager (APH) Jackson Dodd 512-972-6127 Jackson.Dodd@austintexas.gov
City Contract Manager
(PARD) Christa McCarthy 512-974-3903 Christa.McCarthy@austintexas.gov
City Contract Administrator,
Procurement Specialist III Richard Whipple 512-974-3349 Richard.Whipple@austintexas.gov
Contractor’s Key
Personnel TBD TBD TBD
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 38 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 39 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 40 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 41 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 42 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 43 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 44 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 45 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 46 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 47 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 48 of 85
ITEM NO.UNIT OF
MEASURE
ESTIMATED ANNUAL
QUANTITY UNIT PRICE EXTENDED PRICE
$27.14
$27.14
$41.62
$27.14
ITEM NO. UNIT OF MEASURE UNIT PRICE
CATEGORY 2 - NON-SPECIFIED SERVICES (For Informational Purposes Only)
ITEM DESCRIPTION
TOTAL PRICE FOR CATEGORY 1
CATEGORY 1 - Security Patrol Hourly Rates
ITEM DESCRIPTION
CITY OF AUSTIN
PRICE SHEET
CITYWIDE MOBILE SECURITY PATROL SERVICES
IFB 5000 RGW1007
Special Instructions:
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 49 of 85
COVER PAGE
The City of Fort Worth (City) seeks quotes, from vendors awarded by the City of
Austin on Solicitation IFB 5000 RGW1007, to provide Security Guard Services to
the Public Events Department and finalize an agreement in accordance with the
mentioned solicitation specifications and terms and conditions.
Please submit a response via email to the assigned Buyer by the deadline.
Deadline expires at 5:00PM (CST) on August 11, 2023. Responses received
after the deadline will not be opened nor considered for evaluation.
Assigned Buyer: Maria Canoura | Email: Maria.Canoura@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a
binding offer and is authorized to bind the respondent to fully comply with the
solicitation document contained herein.
The Respondent, by submitting and signing below, acknowledges that he/she has
received and read the entire document packet sections defined above including all
documents incorporated by reference, and agrees to be bound by the terms therein.
Company Name: __________________________________________________
Company address: ________________________________________________
City, State, Zip: ___________________________________________________
Printed Name of Officer or Authorized Representative: ____________________
Title: ___________________________________________________________
Signature of Officer or Authorized Representative: _______________________
Date: ________________ Email Address: _____________________________
Phone Number: __________________________________________________
Federal Identification Number (FID): __________________________________
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 50 of 85
SCOPE OF SERVICES
1.0 CONTRACTOR RESPONSIBILITIES/REQUIREMENTS
Contractor will
1.1 Have a minimum of 2 (two) years of experience conducting services
similar or related to the Scope of Services.
1.2 Have and operate a full-time, permanent business address with the
ability to be reached by email and telephone.
1.3 Provide the City with security guards that are able-bodied workers, who
will be clean, appropriately dressed for the assignment, and be no less
than 21 years of age and possess a valid government identification.
1.4 Furnish manpower labor, all job-related materials, including uniforms,
identification, office supplies, including logs and other equipment
necessary to perform such work as identified in the solicitation.
1.5 Furnish armed and unarmed, uniformed, security personnel and
specified equipment as stipulated by the City.
1.6 Employ a staff that is skillfully trained in the duties of performing security
guard services. The Contractor is required to provide all job-related
training to security guard personnel assigned to this Agreement.
1.7 Ensure all security work performed under this Agreement will be
performed with utmost regard to the security and safety of the assigned
security guards, City’s staff, building tenants, the general public and
citizens.
1.8 Provide, prior to the effective date of the Agreement, to the using
departments a complimentary copy of the company’s Employees Rules
and Regulations Manual.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 51 of 85
1.9 Provide a copy of the current Contractor’s Employees Rules and
Regulations Manual to all security guard personnel at the time of hiring
and before the active duty date or effective date of the Agreement,
whichever is the earliest.
1.10 Terminate, upon immediate notification, any security guard personnel
who, in the City’s opinion based on observation, is determined to be
incompetent as it relates to attendance and/or adhering to applicable
rules and regulations set forth by the parties of the Agreement.
1.11 Be responsible for obtaining and understanding special specifications
requirements for each City site.
1.12 Perform pre-employment background check on all potential employees
prior to hiring the employee.
1.13 Ensure that any security guard personnel hired to perform under this
Agreement is not a convicted felon, or a person with any felony
allegation pending.
1.14 Have a “drug-free” policy for all personnel and provide documentation to
City Departmental Project Managers that periodic drug testing is being
conducted by an approved medical laboratory on all personnel assigned
to this Agreement. The Vendor will test four random security guards a
month. The City of Fort Worth may request testing more often for their
specific posts.
1.15 Be responsible for providing direct supervision to its security personnel
and designate a manager who must be available between the hours of
8:00 AM and 5:00 PM on weekdays in the event a City official needs to
consult him/her regarding personnel matters. Prior to effective date of
the Agreement, the Contractor will meet with the department liaison to
review post orders and security handbook.
1.16 Provide the name and telephone number of the company official who
has, implied or expressed, supervisory authority to represent the
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 52 of 85
company. Supervision will include unannounced on-site inspections as
reflected herein.
1.17 Be required to provide two (2) on-site visits on a weekly basis to each
location where security guard services are being performed under the
Agreement, unless otherwise specified by the using department.
1.18 Provide an after-hours emergency telephone number for contacting a
supervisor or manager. The City may have cause to contact the
Contractor in the event of an accident, or failure of the security guard to
report to duty. The use of a telephone answering device or service is
prohibited.
1.19 Be required to provide signed records to the City’s Departmental project
manager indicating that security guards have been trained, including any
required continuing education for Level 3 officers or additional training
for changes in posts or to the Standard Operating Procedure (SOP), and
understand their assignments. Guards will not be permitted to serve at
the location without the signed document. Vendor is required to maintain
a copy to be held in a personnel file for each location and department
using security guards.
1.20 Maintain proper safeguards and will assume legal responsibility and any
risk its personnel may assume in performing security guard services
under this Agreement.
1.21 Be able to provide security guards within eight (8) hours of the phone
request and if the City is not contacted and/or provided with a security
guard within that time period the City reserves the right to contact
another source for service and charge the Contractor the difference, if
any.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 53 of 85
1.22 Appoint one (1) person who is an employee of the Contractor who will
be the liaison between the City and Contractor. Phone number, email,
fax, and emergency phone number of employees will be provided to the
City upon award.
1.23 Respond to calls, voicemails and emails within one (1) hour during
normal business hours.
1.24 Identify a designated person for communication with the City and to
represent Contractor.
1.25 Furnish time sheets weekly via email with names of the workers to the
City representative. The hours worked by each worker will be
documented on this form.
1.26 Be responsible and liable for the safety, injury and health of its working
personnel while its contract workers are performing their duties on City
property.
1.27 Prepare payroll checks, make all necessary deductions and pay all
taxes and insurance required by Federal, State, and Local laws. The
Contractor accepts full responsibility for the payment of wages,
compensation and benefits to personnel. The Contractor accepts
responsibility for payment of all taxes, assessments, fees, and fines that
may be due and owing to any Local, State or Federal government
agencies.
1.28 To the extent permissible by the law, conduct a background check on all
security guards sent to the City. At any time, the City may request a
copy of background check records.
1.29 Ensure that no security guard will arrive on City premises with any type
of off-duty firearms or weapons, drugs or alcohol.
1.30 The only exemption to the above is for pre-approved armed security
guards to carry a pre-approved firearm per the Department’s requests
and specifications.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 54 of 85
1.31 Quickly provide a replacement guard in the event the scheduled guard
does not show up, calls in absent or is sent home.
1.32 Not use City property to conduct personal business for private gain or
endeavor. In conjunction with these specifications, all City property,
including telephones and computers, will be used for official City
business.
1.33 Be responsible for any long-distance telephone calls or theft by
contracted employees.
1.34 Prohibit its employees from disturbing papers on City staff desks,
opening desk drawers or cabinets, or utilizing office equipment and
supplies furnished by the City for official use.
1.35 Use its best efforts, unless prohibited by law, to provide additional
security guard personnel as may be requested by the City to maintain
order by reason of a strike by clients, employees, civil disturbance, riot,
or any similar emergency at the current Agreement rate.
1.36 Be responsible for providing security guard personnel with suitable,
custom-fit uniforms. Style, type, color and dress code standards will
have prior approval by the City. Uniform requirements will be of the law
enforcement style. All uniforms will be properly labeled and include
nametag.
1.37 Consider local weather conditions in determining the grade and style of
the uniform. However, the Contractor will provide the appropriate
seasonal outer garments including winter jackets and rain gear for cold
or inclement weather.
1.38 Be responsible for providing all required accessories and equipment to
its security guards so that each may perform the duties of a security
guard as required by this Agreement.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 55 of 85
1.39 Promptly provide additional personnel within a shorter period of time
than specified in an event or crisis that the City deems an emergency.
However, the starting time will be mutually agreed upon by parties to the
Agreement.
1.40 Be responsible for scheduling its personnel so as to not encounter
overtime. Security guards assigned to this Agreement are to be paid a
minimum per hour amount straight time, including weekends and
holidays. Unless other- wise, approved by the using department,
overtime rates will not be paid for additional hours worked by an
employee beyond an eight (8) hour shift.
1.41 Verify with each facility all closing days and relay information to
employees.
1.42 Vendor supplied security guards will clock in and out for work to ensure
their billable time is appropriately tracked. Security guards will be
required to keep their phones with them at all times to ensure their
location may be appropriately tracked with GPS to ensure they remain at
the appropriate locations in accordance with their clock in and out
entries, as scheduled and required by the Agreement.
2.0 SECURITY GUARD REQUIREMENTS
Security guard will
2.1 Be capable of working in public areas, able to work with City clients,
show attendees, and must be willing to follow instructions from City
supervisory personnel
2.2 Be professionally dressed and neatly groomed, and must conduct
himself/herself in a manner that is consistent with the professional
standards set by the City and its employees while on City of Fort Worth
property.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 56 of 85
2.3 Remain on City-owned property only during assigned work schedule
shift, unless otherwise approved by an authorized City official.
2.4 Comply with all safety and security best practices and other regulations
set forth by the City for performing security guard services at City-owned
facilities.
2.5 Be required to provide their own transportation to and from their
assigned work site. The City will not reimburse mileage or parking.
2.6 Be prohibited from performing duties while under the influence of alcohol
or illegal drugs, or if performance is impaired, while under the influence
of lawfully prescribed or over-the- counter drugs. If in the opinion of the
City, a laborer is suspected of being impaired due to the influence of
illegal drugs or lawfully prescribed or over the counter drugs or alcohol,
the laborer may be rejected at any time during the shift. Workers may be
subject to random drug and alcohol testing in accordance with the City's
regulations.
2.7 Not be payed if the security guard leaves a worksite without permission.
Payments will be rendered only for hours worked. Lunch/dinner breaks
are not considered hours worked.
2.8 Not bring personal belongings to the worksite other than meals, snacks
or items needed to perform work.
2.9 Not have visitors (including family members) at the worksite during the
course of the work shift, unless they are, in fact, workers of the
Contractor assigned to that worksite.
2.10 Not use City property to conduct personal business for private gain or
endeavor. In conjunction with these specifications, all City property,
including telephones and computers, will be used for official City
business.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 57 of 85
2.11 Be at least 21 years of age, possess a high school diploma or GED
equivalent and have at least three (3) years’ experience in this field.
Security Guards will possess the ability to meet and interact with the
general public and the ability to speak clearly. The candidate must be
able to follow instructions carefully, write legibly, prepare clear and
concise written reports, apply logic and exercise integrity when dealing
with law enforcement or medical personnel. Security Guards will have
the ability to maintain poise and self-control under stress. Bilingual,
English and Spanish, is helpful but not required.
2.12 Possess good eye vision that is either 20/20 or correctable to 20/20 or
otherwise does not inhibit the duties needing to be performed as
determined by the City and Vendor, inclusive of corrected eyewear.
Cannot be colorblind. The candidate must have the natural ability to
hear, or be equipped with hearing aid.
2.13 Must be able to perform the duties without physical impairments that
may interfere or impede job performance.
2.14 Be responsible for the overall security of the site facilities including
building interiors, exteriors, surrounding grounds, perimeter fence, and
construction areas.
2.15 Be required to perform a variety of tasks dealing with safety and security
of City employees and patrons who use the facilities, including but not
limited to the following:
2.15.1 Surveying City facilities and grounds for security breach;
2.15.2 Locking and unlocking gates and facilities;
2.15.3 Motorized patrol;
2.15.4 Preparing written reports;
2.15.5 Controlling entry to site areas, directing traffic, responding to
various emergencies;
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 58 of 85
2.15.6 Securing the area, checking identification, assisting the staff
during inclement weather; and
2.15.7 Providing a safe environment for the public, enforcing
departments’ security policies, notifying local law enforcement of
probable offense, assist in and/or apprehend violators in the
absence of local law enforcement, respond to alarm system,
including notifying the local law enforcement.
2.16 Become familiar with the facility on-site intrusion devises and the
location of the system control board including fire alarm systems, fire
hydrants, fire extinguishers for intended use and location of doors
accessible to the public, including designated door for handicapped and
disabled persons.
2.17 Assist, at closing, City personnel to set alarms and properly secure all
buildings and premises; complete appropriate timesheet, accident
reports, and any other documents required by the City.
2.18 Not use City telephones for personal use; engage in conversation with
the staff or patrons about subjects not related to the security of the
facilities; use personal mobile phone, unless during lunch and breaks;
eat in public areas while on duty; entertain family, friends, or other
visitors while on duty; and sleeping or the appearance of sleeping.
2.19 Remain on post until a relief arrives. Security Guard duties will cease
when security guard is relieved by another Contractor security guard or
a City of Fort Worth Department security guard.
2.20 Have an identification card that contains the employee’s name,
identification number (ID), and the employer’s name.
2.21 Be required to visibly display the ID card on the front of the uniform at all
times while on duty at a City facility.
2.22 Be equipped with a mobile phone or two-way radio in the event backup
assistance is required. Additionally, items to be provided are as follows:
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 59 of 85
2.23 Flashlights, notebook binders, pens;
2.24 The brand of the two-way radio used by security guards will be
approved by the City prior to being used.
2.25 The listed duties shown in the solicitation are only illustrative and are not
intended to describe every function that may be performed by this job
class. The omission of specific statements does not preclude the City
from assigning specific duties not listed if such duties are a logical
assignment to the position.
3.0 PUBLIC EVENTS SPECIFICATIONS
3.1 Suspension of services at any time is at the discretion of the
Department.
3.2 SPECIAL CONDITION: Notwithstanding anything to the contrary,
during the period of time the Will Rogers Memorial Center (WRMC)
is leased to and used by and/or for the Stock Show and such other
non-ticketed, private events that the Stock Show may from time-to-
time host within the WRMC, all WRMC Service rights will be
granted to the Stock Show. The Stock Show will have full authority
to enter into contracts with other vendor for various goods and
services during its lease of the WRMC.
3.3 The contractor will be responsible for providing and maintaining a
software that records the activities of the security guards to ensure
guards are making their assigned tours. The department will choose the
location and amount of assigned tour points on property. The software
system will be used to verify the guards are covering all portions of the
facility. The contractor shall provide to the department each scheduled
shift tour records on a weekly basis.
3.4 The contractor will provide twenty-four (24) hour field supervision/ on
duty supervision of its guards. The field supervisor/on duty supervisor
will serve as a key point of contact between the guards and the Public
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 60 of 85
Events Department Management. The field supervisor/on duty
supervisor are to make sure all shifts are covered and respond to open
shifts. Respond to emergencies, supervise, counsel, train guards and
perform on site visits.
3.5 Six Non-Commissioned and/or Commissioned security guards, at the
discretion of the Department, will be needed for this Department:
3.5.1 One guard will be needed for Shift 1 (7AM to 3:30PM);
3.5.2 Two guards will be needed for Shift 2 (3:00PM to 11:30PM); and
3.5.3 Three guards will be needed for Shift 3 (11:00PM to 7:30AM).
3.6 Services will be provided twenty-four hours a day, seven days a week
Monday through Sunday, including City of Fort Worth Observed
Holidays.
3.7 Shifts and staffing are subject to change based on Department needs
and requirements.
3.8 City observed holidays:
3.8.1 New Year’s
3.8.2 Martin Luther King
3.8.3 Memorial Day
3.8.4 Juneteenth
3.8.5 July 4th
3.8.6 Labor Day
3.8.7 Thanksgiving Thursday and the following Friday
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 61 of 85
3.8.8 Christmas
3.9 The locations for this Department will be:
3.9.1 Primary location: Will Rogers Memorial Center at 3401 W.
Lancaster, Fort Worth TX, 76107;
3.9.2 Occasional need to work at the Fort Worth Convention Center:
1201 Houston Street, Fort Worth, TX 76102.
3.10 The Contractor shall provide signed records to the Department
indicating that security guards have been certified, trained and
understand their assignments. Guards will not be permitted to serve at
the location without the signed document. A copy will be held on file with
the Pubic Events Department.
3.11 The Contractor shall employ security guards that are:
3.11.1 Certified at minimum of Level 2 in the State of Texas.
3.11.2 Certified in Cardiopulmonary resuscitation (CPR).
3.12 Security guards will be required to receive a minimum of eight (8) hours
per year of continuing education from a training facility or program
certified by the State of Texas.
3.13 The Contractor is responsible for obtaining and understanding special
specifications requirements for the Pubic Events Department.
3.14 Non-Emergency Situations: The Pubic Events Department agrees to
notify the Contractor immediately, but not less than twenty-four (24)
hours of its requirement for additional security guard security.
3.15 Emergency Situations: In an event or crisis the Pubic Events
Department deems an emergency may require the Contractor to
promptly provide additional personnel within a shorter period of time
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 62 of 85
than specified, but at a starting time mutually agreed upon by parties to
the Agreement.
4.0 INVOICING
4.1 Vendor will submit invoices to the City as often as every two weeks, but
no less often than every month.
4.2 Each submitted invoice must include the date of submittal, vendor
contact information, and security guard total billable hours for the
appropriate time period indicated on the invoice. City will have 30 days
to submit payment from receipt of an appropriately completed invoice.
Should the City dispute an invoice, or should either party discover that a
submitted invoice is inaccurate or otherwise incomplete, the Vendor will
be required to correct the invoice within 30 days of notification by the
City or from discovery by Vendor of the error. The City will have 30 days
to submit payment from receipt of the corrected invoice.
4.3 All invoices must be submitted to supplierinvoices@fortworthtexas.gov,
and list a City provided Purchase Order (PO) number on the invoice.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 63 of 85
5.0 PRINCIPAL FACILITY DESCRIPTION
5.1 Will Rogers Memorial Center
5.1.1 Approximately 100+ acres facility
5.1.2 Seventeen buildings
5.1.3 Map
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 64 of 85
6.0 CONTRACTOR QUESTIONNAIRE
Please provide a response to the questions listed below, this will allow us to
verify the minimum requirements are met.
6.1 Does your company have software that allows your company to track,
using geo-tags or other medium, the security guards’ rounds and
different activities performed while on duty? If not, please describe the
rounds/activities verification process your company uses.
6.2 If your company utilizes a software to track security guards’
rounds/activities, does it have an extra cost to the City to use it?
6.3 Is the tracking software a cloud-based or is the software installed in City
equipment utilizing the City’s network?
6.4 Can your company provide services 24 hours a day seven days a week,
including City Observed Holidays?
6.5 Does your company provide access to a supervisor 24 hours a day
seven days a week, including City Observed Holidays?
6.6 Are the security guards - Level 2 Texas Department of Public Safety
certified?
6.7 Are the security guards - CPR certified?
6.8 Does your company work with two-way radios? If not, what devices are
utilized to communicate with the security guards on site?
6.9 Can you company provide personal with only 24 hours advance notice?
6.10 Can you company provide personnel for emergency situations?
6.11 Does your company have an office or provides services to the Fort
Worth, Texas area?
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 65 of 85
7.0 PRICE SHEET - USING CRITERIA SET ON CITY OF AUSTIN
SOLICITATION IFB 5000 RGW1007
SOLICITATION NO.: IFB 5000 RGW1007
Special Instructions:Offerors must use this Price Sheet to submit pricing. Be advised that altering the Price Sheet
or taking exceptions to any portion of the solicitation may jeopardize acceptance of your Offer.
The quantities noted below are estimates and not a guarantee of actual volume. The City does not guarantee the
purchase of the quantities listed, actual purchases may be more or less. Quantities are provided as a guide based on
historical or anticipated usage. Order quantities will be as-needed and specified by the City for each order.
A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that
item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to
bid on that item. Be advised, a "no bid" or no response may be considered as non-responsive and may result in
disqualification of the bid.
Prices offered on the Price Sheet shall be all inclusive of fees not expressly allowed in the scope of work. The Offeror
shall not charge separately for administrative, overhead, insurance, per diem, and shipping or transportation costs
(travel time, fuel surcharges, mileage, toll charges, stop-fee, etc.) to deliver services or items to the Fort Worth, Texas
area. The Offeror shall provide all tools, labor, travel, and equipment necessary to perform the services required under
this contract.
The City reserves the right to award a single contract based on overall low cost or multiple awards based on individual
or categories/groups of specific line items, cost, or any criteria or combination deemed most advantageous to the City.
CATEGORY 1 - Security Patrol Hourly Rates
ITEM
NO. ITEM DESCRIPTION UNIT OF
MEASURE
ESTIMATED
ANNUAL
QUANTITY
UNIT PRICE EXTENDED PRICE
1.1
Labor Rate for scheduled
security checks during regular
hours as defined in the Scope of
Work (6AM - 5PM Monday
through Friday, excluding
holidays)
HOUR X X X
1.2
Labor Rate for scheduled
security checks during non-
regular hours as defined in the
Scope of Work (5PM - 6 AM
Monday through Friday,
Weekends, Holidays)
HOUR X X X
1.3
Labor Rate for Non-Scheduled
or Emergency Patrols on as-
needed basis, at a cost per
occurrence.
Occurrence X X X
TOTAL PRICE FOR CATEGORY 1 X
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 66 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 67 of 85
1 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 68 of 85
2 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 69 of 85
3 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 70 of 85
4 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 71 of 85
5 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
www.goodguardsecurity.com
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 72 of 85
6 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 73 of 85
7 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 74 of 85
8 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
Dispatch is constantly
checking clock ins &
clock outs, checkpoint
scans, and reporting of
our officers.
D
ease of
access provides our
DIPS center with
software compatibility
for our team to track
officers in real-time.
I
Procedures in place to
handle any issues
regarding scheduling so
that our team of
schedulers are prepared
for any kind of
complications.
P
Schedulers available
24/7 trained to
develop, alter, and
optimize guard
schedules in real-time.
S
THE CITY OF FORT WORTH | IFB NO. 5000 RGW1007 | GOOD GUARD SECURITY, INC.
8 | P a g e
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 75 of 85
9 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 76 of 85
10 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.THE CITY OF FORT WORTH | IFB NO. 5000 RGW1007 | GOOD GUARD SECURITY, INC.
10 | P a g e
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 77 of 85
11 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 78 of 85
12 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.THE CITY OF FORT WORTH | IFB NO. 5000 RGW1007 | GOOD GUARD SECURITY, INC.
12 | P a g e
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 79 of 85
13 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 80 of 85
14 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 81 of 85
15 | P a g e
THE CITY OF FORT WORTH| IFB 5000 RGW1007 | GOOD GUARD SECURITY, INC.
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 82 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 83 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 84 of 85
City of Fort Worth and Good Guard Texas Inc - City of Austin ILA (IFB 5000 RGW1007)Page 85 of 85