HomeMy WebLinkAboutContract 61927City Secretary Contract No. 61927
FORTWORTH.
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through its duly authorized Assistant City Manager, and All City Management Services, Inc. ("Vendor"),
a California corporation, acting by and through its duly authorized representative, each of which may be
individually referred to herein as a "party" and collectively as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Price Schedule; and
4. Exhibit C — Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and
the terms and conditions set forth in the body of this Vendor Services Agreement, the terms and conditions
of this Vendor Services Agreement shall control.
1. Scope of Services. Vendor shall provide a full -service program to provide school crossing
guard services for the City of Fort Worth ("Services"), which are set forth in more detail in Exhibit "A,"
attached hereto and incorporated herein for all purposes.
2. Term. This Initial Term of the Agreement shall be effective September 1, 2024 ("Effective
Date") and shall expire three years after the Effective Date, unless terminated earlier in accordance with
the terms of this Agreement. City shall have the option, in its sole discretion, to renew this Agreement
under the same terms and conditions for up to two (2) one-year renewal periods (each a "Renewal Term").
3. Compensation. City shall pay Vendor in accordance with the provisions of this Agreement
and Exhibit `B" (Price Schedule). Total payment made under this Agreement for the first three (3) years
by the City shall be in an amount not to exceed Fifteen Million, Five Hundred Fifteen Thousand, Eight
Hundred Eighty Dollars and Zero Cents ($15,515,880.00). Vendor shall not perform any additional
services or bill for expenses incurred for City that are 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.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with at least 30 days' written notice of termination.
Vendor Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary Contract No.
4.2 Non-annronriation of Funds. In the event no funds or insufficient funds are
appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder,
City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of
the fiscal period for which appropriations were received without penalty or expense to City of any
kind whatsoever, except as to the portions of the payments herein agreed upon for which funds
have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the expiration of three years from the Effective Date, City shall pay Vendor for
services actually rendered up to the effective date of termination and Vendor shall continue to
provide City with services requested by City and in accordance with this Agreement up to the
effective date of termination. Upon termination of this Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under this
Agreement. In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City -provided Information or data to City in
a machine-readable format or other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees to immediately make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents, and
employees, agrees that it shall treat all information provided to it by City ("City Information") as
confidential and shall not disclose any such information to a third -party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and as such all documents held or maintained by City may be subject to disclosure under the
Texas Public Information Act. In the event there is a request for information marked by Vendor as
"Confidential" or "Proprietary," City shall promptly notify Seller. It will be the responsibility of
Seller to submit to the Texas Attorney General's Office reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Texas
Attorney General's Office or by a court of competent jurisdiction.
5.4 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this contract or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers, and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
Vendor Services Agreement
City Secretary Contract No.
normal working hours to all necessary Vendor 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.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement and
not as agent, representative, or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, and sub -vendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply
as between City, its officers, agents, servants, and employees, and Vendor, its officers, agents, employees,
servants, vendors, and sub -vendors. Vendor further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall
in no way be considered a co -employer or a joint employer of Vendor or any officers, agents, servants,
employees, or sub -vendors of Vendor. Neither Vendor nor any officers, agents, servants, employees, or
sub -vendors of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible
and liable for any and all payments and reporting of taxes on behalf of itself and any of its officers, agents,
servants, employees, or sub -vendors.
8. Liability and Indemnification.
8.1 LIABILITY— VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION —VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL
MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trademark, trade secret, or similar right arising from
City's use of software and/or documentation in accordance with this Agreement, it being
understood that this agreement to defend, settle, or pay shall not apply if City modifies or
misuses the software and/or documentation. So long as Vendor bears the cost and expense of
payment for claims or actions against City pursuant to this section, Vendor shall have the
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City shall have the right
to fully participate in any and all such settlement, negotiations, or lawsuits as necessary to
protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event
Vendor Services Agreement
City Secretary Contract No.
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement, City
shall have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
Vendor shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action, along with copies
of all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify
City under this Agreement. If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained, or if as a result of a settlement or
compromise such use is materially adversely restricted, Vendor shall, at its own expense: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify
the software and/or documentation to make it non -infringing, provided that such
modification does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally -equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor, terminate this Agreement and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City at law
or in equity.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations,
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subvendor shall execute
a written agreement with Vendor referencing this Agreement, under which subvendor shall agree
to be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$2,000,000 - Each Occurrence
$4,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Vendor Services Agreement
City Secretary Contract No.
Coverage shall be on any vehicle used by Vendor and its employees, agents, and
representatives in the course of providing services under this Agreement. "Any
vehicle" shall include any vehicle owned, hired, and non -owned.
(c) Workers' Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
10.2 General Reauirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
"City" shall include its employees, officers, officials, agents, and volunteers with
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. At least ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, TX 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
(g) If insurance policies are not written for specified coverage limits,
Umbrella or Excess Liability insurance for any differences is required. Excess
Liability shall follow form of the primary coverage.
Vendor Services Agreement
City Secretary Contract No.
11. Compliance with Laws, Ordinances, Rules, and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state, and local laws,
ordinances, rules, and regulations and that any work it produces in connection with this Agreement will
also comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. If City
notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor shall immediately
desist from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subvendors, and successors in interest, as part of the consideration herein given, agrees that in the
performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS, OR
SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO
INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants, or representatives, or (2) received by the other party by United States mail, registered,
return receipt requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Jesica L. McEachern, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
All City Management Services, Inc
Attn: David Mecusker
10440 Pioneer Blvd, Suite 5
Santa Fe Springs, CA 90670
Facsimile: 972-224-7202
14. Solicitation of Emplovees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the other party. Notwithstanding the
foregoing, this provision shall not apply to an employee of either party who responds to a general
solicitation or advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement 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
Vendor Services Agreement
City Secretary Contract No.
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or in the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Mai eure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems, and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of contract construction to the effect that
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A, B, or C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon any party hereto unless set forth in a written instrument executed
by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns, and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
26. ImmiLmation and Nationalitv Act. Vendor shall verify the identity and employment
eligibility of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all federal and state laws and establish appropriate procedures and
controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
Vendor Services Agreement
City Secretary Contract No.
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR OR VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS,
OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other rights in and
to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of
conception, creation, or fixation of the Work Product in a tangible medium of expression (whichever occurs
first). Each copyrightable aspect of the Work Product shall be considered a "work -made -for -hire" within
the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part
thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as
amended, Vendor hereby expressly assigns to City all exclusive right, title, and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration or instrument of
transfer, free from any claim, lien for balance due, or rights of retention thereto.
28. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party and that such binding
authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This
Agreement and any amendment hereto may be executed by any authorized representative of Vendor whose
name, title, and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit "C." Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. Change in Comvanv Name or Ownership. For the purpose of maintaining updated City
records, Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change. The president of Vendor or another authorized official must sign the letter. A letter
indicating changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such change, a copy of
the board of director's resolution approving the action, or an executed merger or acquisition agreement.
Failure to provide the specified documentation may adversely impact future invoice payments.
30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Chapter 2271 of the Texas Government
Code. By signing this contract Vendor certifies that Vendor's signature provides written verification
to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract.
31. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
Vendor Services Agreement
City Secretary Contract No.
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid
wholly or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or firearm trade association. To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement.
33. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file, email, or facsimile transmission) of an original signature or signatures electronically
inserted via software such as Adobe Sign.
(signature page follows)
Vendor Services Agreement
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: opk�
Name: Jesica L. McEachern
Title: Assistant City Manager
Date: Aug 30, 2024
APPROVAL RECOMMENDED:
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:
b41—
Name: Rashad Jackson
Title: School Crossing Guard Program Manager
APPROVED AS TO FORM AND LEGALITY:
By: LaurenPr (AAuugg28, 202416:58 CDT)
Name: Lauren Prieur ' 4
Transportation & Public Works By.
Title: Director- Trans
p Name: Trey Qualls
Department Title: Assistant City Attorney
OR 4g40004��
ATTEST: v 70.. .*0
�oo.
�d
Pvo a=d
app* *;d
,s aoo
aa" ne OV5 '
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
ALL CITY MANAGEMENT SERVICES, INC.
By:
Devozfra- Fo-rwett
Name: Demetra Farwell
Title: Corporate Secretary
Date: August 23, 2024
CONTRACT AUTH IZATION:
M&C: 24-0317
Form 1295: 2023-1107180
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Vendor Services Agreement
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
The City of Fort Worth (City) is requesting proposals from qualified firms to establish a contract for
School Crossing Guards Services for the Transportation and Public Works Department per descriptions and
specifications listed in this RFP.
The awarded Contractor shall administer and coordinate the program fully. Currently, the City of Fort
Worth Transportation & Public Works Department crossing guard program covers 14 school districts, and
166 schools with elementary and middle school age children for a total of 290 intersections. All 290
intersections will need coverage. School crossing guards shall be provided in both the morning and
afternoon hours during the school year. There will need to be coverage for school days and summer days
during each school year.
1.0 AGREEMENT TERMS
This section supersedes RFP-0 1 -Instructions to Proposer document, section 20.0 Agreement Term.
The City plans an initial contract period of three (3) years with two one-year renewals. The contract
will be rebid at five years or when budget is exhausted.
2.0 PROPOSER REOUIREMENTS -Proposer shall:
2.1 Have a minimum of 3 (three) years of established experience performing School Crossing Guard
Services or traffic control services similar or related to the Scope of Services.
2.2 Experience providing school crossing guard services to clients that have at a minimum of 50
to 100 crossing guards or traffic control locations.
2.3 Have and operate a full-time, permanent business address with the ability to be reached by
email and telephone.
3.0 PROPOSER RESPONSIBILITIES - Proposer shall comply with the following standards:
3.1 SCHOOL CROSSING GUARDS AND SCHOOL CROSSING GUARDS FIELD
SUPERVISORS
3.1.1 The Contractor shall recruit, select, and employ school crossing guards, school
crossing guards field supervisor and alternate crossing guards as required to
provide coverage at each crossing guard post on each day when guards are required
in accordance with the adopted school calendars provided by the school districts.
The Contractor is responsible for the application process and determining the
suitability and qualifications of the guards hired. All crossing guards employed by
the Contractor to perform services under this Contract shall meet the qualifications
specified in this Request for Proposal.
3.1.2 The Contractor shall remove, and replace, any assigned personnel deemed
unacceptable by the City. Replacement personnel shall be assigned immediately
after the removal of any personnel. The Contractor shall have the capacity to
provide a crossing guard at alternative locations if the City deems additional sites
are necessary.
3.2 PROGRAM MANAGEMENT
3.2.1 The Contractor shall provide an Account/Program Manager as required to ensure
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
competent and efficient management of the crossing guard program and this staff
member must be identified to the City as well as his/her cell phone number. The
awarded Contractor is to choose a main contact for the City and most daily
communications are to come from this individual. This person must have a cell
phone and their number must be disclosed to the City prior to contract approval.
3.2.1.1 Awarded Contractor shall provide Account/Program manager's
resume to the City.
3.2.2 The Contractor shall have a quarterly meeting with City staff to discuss
performance and any issues/questions. Also, the Contractor shall coordinate
between the City of Fort Worth Transportation and Public Works Department
liaison and the school district on any and all issues related to crossing guards.
3.2.3 The Contractor shall arrange for and provide all substitute employees, ensuring that
all designated locations are staffed during the required time periods. The Contractor
shall contact the Transportation & Public Works Department Crossing Guard
Program Manager if a position cannot be filled by the Contractor.
3.2.4 The Contractor shall investigate all public complaints concerning crossing guard
services. In the event of a complaint, the Contractor shall contact the
Transportation & Public Works Department Crossing Guard Program Manager to
advise the nature of the complaint and the course of actions/remedy/resolution of
said complaint. The Contractor shall furnish a written report of the incident to the
Transportation & Public Works Department Crossing Guard Program Manager
within five (5) business days after the occurrence.
3.2.5 The Contractor shall maintain detailed records and reports of the total number of
hours of service provided. These records shall list the number of hours worked at
each location. These records will be made available for inspection and audit by the
City at any time. (See section 4.0 - Sample Report.)
3.3 SCHOOL CROSSING GUARD FIELD SUPERVISION:
3.3.1 The Contractor shall make on -site visitations at crossing guard sites periodically to
ensure compliance to the Contract. The Contractor shall conduct on -site visitations
to crossing guards' sites throughout the regular school year and summer school.
3.3.1.1 School Crossing Guard Field Supervisors are required to work five
hours a day.
3.3.1.2 Awarded contractor shall provide quarterly reports to the City on
crossing guards' performance.
3.4 MINIMUM STANDARDS FOR SCHOOL CROSSING GUARDS AND FIELD
SUPERVISORS
3.4.1 Qualifications: Crossing guards provided by the Contractor to provide services
under this Contract shall:
3.4.1.1 Be at least eighteen (18) years of age.
3.4.1.2 Be physically and mentally capable of performing the duties of a
crossing guard.
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
3.4.1.3 Ability to work in various weather conditions.
3.4.1.4 Have the ability to give and follow oral instructions.
3.4.1.5 Have the ability to establish and maintain effective working
relationships with children, parents, school officials and law
enforcement officials.
3.4.1.6 Have the ability to remain calm and use judgment and initiative in an
emergency situation.
3.4.1.7 Be free of any criminal offenses involving children.
3.4.1.8 Be capable of speaking fluent English.
3.4.1.9 Must past initial drug test and random test throughout the year.
School Crossing Guards that do not pass the drug tests should be
removed from the City's program.
3.4.1.10 Must pass initial background check and re -checks every six (6)
months in August and January of the School Year.
3.4.1.10.1 Contractor will provide written certification that they
have completed required background checks.
3.4.1.11 Be visible and attentive at all times during assigned hours.
3.4.1.12 Report any incidents or unsafe conditions to the appropriate
authorities.
3.5 DUTIES OF SCHOOL CROSSING GUARDS
3.5.1 All crossing guards shall:
3.5.1.1 Halt vehicles when necessary by mechanical and hand signal to
permit children to cross the road safely.
3.5.1.2 Maintain order among children assembled at street crossing points
and permit them to cross only when they can do so safely.
3.5.1.3 Make children aware of the elements of traffic safety and operation
of pedestrian controls.
3.5.1.4 Monitor pedestrian traffic and control vehicle traffic to allow safe
pedestrian crossing.
3.5.1.5 Report to school authorities the names of children who do not follow
safety regulations.
3.5.1.6 Assist children in safely crossing the street at designated crosswalks.
3.5.1.7 Wear a reflective traffic safety vest at all times when on duty.
3.6 DUTIES OF SCHOOL CROSSING GUARDS FIELD SUPERVISORS
In addition to the responsibilities described in 3.5, School Crossing Guards Supervisors will
be responsible of:
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
3.6.1 Verifying all intersections in their assigned area are staffed.
3.6.2 Conduct inspections of different crossing to verify School Crossing Guards
assigned to an intersection are following procedures.
3.6.3 Training new personnel in best crossing guards' practices.
3.6.4 Staffing intersections when assigned personnel is not available, if applicable.
3.7 SELECTION PROCEDURE FOR SCHOOL CROSSING GUARDS AND SCHOOL
CROSSING GUARD FIELD SUPERVISORS
3.7.1 In addition, the recruitment process shall incorporate a Pre -Employment Screening
Program that includes:
3.7.1.1 An employment reference check
3.7.1.2 A criminal background check
3.7.1.3 A drug and alcohol screening test
3.7.1.4 Only documented, authorized Contractor employees are eligible to
work or permitted on or in City facilities. Verification of the I-9
forms must be provided to the City upon request.
3.7.2 The Contractor shall contact the last two (2) or three (3) employers for each
crossing guard applicant.
3.7.3 Personnel reference should also be checked if the applicant has not been employed
during the last five (5) years.
3.7.4 Employment and personal reference checks should be of such a nature as will
provide the Contractor with the information necessary to determine if the applicant
is capable of performing the duties of a crossing guard.
3.7.5 The Contractor shall not employ any person as a crossing guard who has been
convicted of a drug offense, sex offense, or a felony, or is otherwise prohibited
from working with children.
3.7.6 Any Contractor's employee whose conduct is not satisfactory, as determined by the
City, shall be removed from providing crossing guard services in the City.
3.7.7 All such employment, personal and criminal history background checks shall be
performed at the Contractor's sole cost and expense.
3.8 TRAINING PROGRAM
3.8.1 The Contractor shall provide each crossing guard with appropriate training for the
position of crossing guard before assigning a guard to any post. The training
program shall include:
3.8.1.1 General indoctrination concerning rules and regulations of
employment.
3.8.1.2 Instructions on the proper completion and handling of required
reports.
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
3.8.1.3 Crossing guard techniques appropriate to the guard post.
3.8.1.4 Telephone numbers, and addresses, of the school(s) served by the
crossing guards and local law enforcement.
3.8.1.5 Public relations instructions, including the importance of image,
dress and appearance, attitude and general demeanor of a crossing
guard.
3.9 MATERIALS TO BE SUPPLIED BY THE CONTRACTOR
3.9.1 The Contractor shall provide each crossing guard with the following equipment:
3.9.1.1 Contractor's identifiable patch and photo ID badge.
3.9.1.2 Complete uniform with regulation -size, hand-held stop sign. Brass or
plastic whistle.
3.9.1.3 Traffic safety vest.
3.9.1.4 High Visibility raincoat (as needed).
3.9.1.5 These items must be on each guard each day they are working. No
guard may work at City's crossing without the following items.
3.10 HOURS OF SERVICE
3.10.1 Regular hours of Service shall be: 7:00 a.m. — 9:00 a.m., and 2:00 p.m. — 4:00 p.m.
with the exception of Crowley ISD school crossing guards shall be 6:45 a.m. - 8:15
a.m. and 2:00 p.m. to 3:30 p.m.
3.10.1.1 Early Release Days: Based on School District Calendar.
3.10.1.2 All school days and summer school days (students in session) will
require guard services. One (1) crossing guard, with appropriate
back-up, should be adequate. Guards must be flexible in their
schedule to be able to flex if ice days, early release days, or other
last-minute school schedule changes occur.
3.10.1.3 New locations may be added at the City's request, and the
Contractors shall increase the service hours accordingly. In addition,
the City may remove crossing guard locations and/or reduce crossing
guard hours at a location within a 24-hour written notice.
3.11 SCHOOL DISTRICTS
3.11.1 School Crossing Guard services shall be provided to the following school districts
3.11.1.1 Fort Worth ISD
3.11.1.2 Eagle Mountain/Saginaw ISD
3.11.1.3 Lake Worth ISD
3.11.1.4 Crowley ISD
3.11.1.5 Keller ISD
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
3.11.1.6 Northwest ISD
3.11.1.7 Aledo ISD
3.11.1.8 Castleberry ISD
3.11.1.9 Everman ISD
3.11.1.10 White Settlement ISD
3.11.1.11 Hurst Euless Bedford ISD
3.11.1.12 Lena Pope
3.11.1.13 Texas School of Arts
3.11.1.14 Charter Schools
3.11.1.15 School districts may be subject to change.
3.12 HOURLY PAY RATES AND PRICE ADJUSTMENTS
3.12.1 Pricing shall be per hour and shall include all cost to fully administer the full -
service crossing guard program. This include all administrative costs,
transportation costs, cost of the Account/Program Manager. No other additional
costs will be paid by the City.
3.12.2 The City's minimum salary wage for a School Crossing Guard is $15.45 per hour.
The goal is to have the School Crossing Guard position at the City's minimum
wage and the School Crossing Guard Field Supervisor at $18.72 per hour, for the
first contract year.
3.12.3 The City also plans to Increase the school intersections by 30 school intersections
per year over the five (5) years of the agreement, with a four percent (4%) increase
to the contract capacity and minimum salary wage of the School Crossing Guard
and School Crossing Guard Field Supervisor each year. The City estimates that
there will be 199 days of service during the school year including summer.
3.12.4 If a Contractor's Hourly Pay Rate to its workers goes down during any term of an
Agreement with City, the lower rate is required to be reported to the City and an
adjustment in the Contractor's Hourly Bill Rate downwards will be reflected.
3.12.5 If a Contractor's Hourly Pay Rate to its workers goes up during any term of an
Agreement with City, the Hourly Pay Rate represented in a Contractor's proposal
will remain. To be clear, the City will not pay an increased Contractor hourly bill
rate beyond what is represented in a Contractor's proposal.
3.12.6 The Contractor shall adhere strictly to the pay schedule as set forth in this
solicitation. Any deviation from the agreed pay schedule without prior written
consent from the City of Fort Worth shall constitute a breach of the terms of this
Agreement.
3.12.7 After the three (3) years initial term, the Contractor may request an adjustment in
the pay schedule due to significant changes in market conditions, labor costs, or
unforeseen operational expenses directly impacting service delivery.
Vendor Services Agreement — Exhibit A
City Secretary Contract No.
3.12.7.1 All requests for adjustment in the pay schedule shall be submitted in
writing to the City of Fort Worth at least ninety (90) days prior to the
proposed effective date of the adjustment. Each request must be
accompanied by comprehensive documentary evidence
substantiating the need for the price adjustment
3.12.7.2 Backup justification shall include a detailed analysis of factors
leading to the proposed increase, including but not limited to market
analysis, changes in labor laws or regulations, and other relevant
financial documentation. The City of Fort Worth reserves the right to
independently verify this information and to reject any request for
price adjustment deemed to be unjustified or excessive.
3.12.7.3 The Contractor is required to provide a detailed breakdown of all
costs associated with the provision of services under this Agreement,
beyond the wages paid to guards. This shall include administrative
expenses, training costs, transportation costs, equipment and supply
expenses, and any other overhead or indirect costs.
3.12.7.4 The Contractor shall submit this cost breakdown annually and upon
request by the City of Fort Worth. The City of Fort Worth reserves
the right to request updated cost breakdowns to ensure compliance
with the agreed pricing structure.
4.0 REPORTS EXAMPLES
CND [1111:i.`i�i�L1 : ► D 1 D '
Pay Period Crossing
Guard
Name
Vendor Services Agreement — Exhibit A
Crossing Hours
Guard Worked
Intersection
Assignment
Hourly Total Hours
Wage Worked
Responses
91BCe9®fi: AN tlsT& I5 ... i
RFP 24-0111 School Crossing G ds -Y*ar Ito Year 3
6uceaee_ A! vawee pmWtlae
n*-1
S4:hoa1 Crossing Guard - Year I {Homy fta6ej
314
a ucxeea: All S'9f1P36 pr4+Ad d
#1-R'
S•cho41 Crossing CiLiard -'fear 2 {H-ly Ratej
344
aucrree: AC ralusa p-ltlad
�1-3
S4:hoo1 Crossing Cward - Year 3 j Hourly fta6ej
374
a ucceea- Al YaLved provltlee
s1-4
School Crossing F'reld Supervisor - Year 1
1
{ Hourly i2atei
.^.ucxBea: Al vanrasprbvltlea
+=1-E
S.4-1 Crossing Freld Supervrser - Year 2
7
[H4llrty R-wj
frucceas: All velvea 9-AUe0
�1-E
School Crossing Feld Supervisor - Year 3
1
Haudy Fiats}
RFP 24-4111 Schwa[ Crossing Guards - Year 4
laee�l_1.1 �. j-. M-d
52-1
School C—,mg C--d - Year 44 Hourly R.rel
rl_g
School Crossing Flelid Supervisor - Year d
1
'
(Hourly Rate]
RFP 24-€1111 School Crossing Guards - Year 5
euacase= AR -W.. proalarre va i School Crossing Guard - Year 5 (hourly F-t6 j -34
S ucc - M vr�uea P-IdR -3-2 S �hou1 C— { ggF-y HS.p t--- - Year 5 1JL
Vendor Services Agreement — Exhibit B
EXHIBIT B
PRICE SCHEDULE
1 S 15145
199
.3
G$
F, 7_73
l S 1 r D7
195
' J
o.s
6 S.6t
516-71
199
3
P.S
3Z_35
_ S 1 &-72
19°
5
O24
i bd9
_ f ts,49
199
5
O25
5 4.62
9 i 14.m
199
5
Tg25
b S15
1 i 17.3a 199
M a 2o.a6 i99
1 S 1A-B7 499
11 .5 21.07 199
3
0.5
a o.s
5 i] sn
#23_1B
$-4,344.a33_15
42-0.T1
S4,SSO,8H.64
i x.+`-47
5 5,996.4"A .7
i Z321
5 194.773.69
$24.10
$glsra1ssa
i F5.92
# 27A.985.34
S 8.69 $ MAT S. &.2A7.TT1. 15
S sS'2 # zs _sA ; 2W 54279
5904 #27. T1 F7.=.B51.75
S sm i M-97 S 2B5,18227
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
ALL CITY MANAGEMENT SERVICES, INC
ATTN: DAVID MECUSKER
10440 PIONEER BLVD, SUITE 5
SANTA FE SPRINGS, CA 90670
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment, or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance, or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signature
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name: Baron Farwell
Position: Owner, President
13owo*v Fa*-weU,
Signature
2. Name: Demetra Farwell
Position: Corporate Secretary
De, va-v o� FarwetL
Signature
3. Name: Brian Brooks
Position: Chief Operating Officer
131'L zLvL, 6 rov+-y
Signature
Name:
f3a4-a-w Fcu-we W
Signature of President / CEO
Other Title:
Date: August 22, 2024
Vendor Services Agreement — Exhibit C
{ I IIIIII III{I {III II I{I IIIII I{III {IIII IIIII {I{{I IIIII {IIII III{I {IIII IIII IIII
BA20230363295
STATE OF CALIFORNIA
Office of the Secretary of State
W='a'
: -
STATEMENT OF INFORMATION
nF,
CORPORATION
(s
California Secretary of State
1500 11th Street
Sacramento, California 951314
(916) 653-3516
Entity Details
Corporation Name
Entity No.
Formed In
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
For Office Use Only
-FILED -
File No.: BA20230363295
Date Filed: 3/2/2023
ALL -CITY MANAGEMENT SERVICES, INC.
1338753
CALIFORNIA
10440 PIONEER BOULEVARD, SUITE 5
SANTA FE SPRINGS, CA 90670
10440 PIONEER BOULEVARD, SUITE 5
SANTA FE SPRINGS, CA 90670
Street Address of California Office 10440 PIONEER BOULEVARD, SUITE 5
SANTA FE SPRINGS, CA 90670
Officers
Officer Name Officer Address Position(s)
Q BARON FARWELL 10440 PIONEER BOULEVARD, SUITE 5 Chief Executive Officer, Chief Financial Officer
SANTA FE SPRINGS, CA 90670
Q Demetra Farwell 10440 PIONEER BOULEVARD, SUITE 5 Secretary
SANTA FE SPRINGS, CA 90670
Additional Officers
Officer Name Officer Address Position Stated Position
Q Brian Brooks 10440 PIONEER BOULEVARD, SUITE 5 Other Chief Operating Officer
SANTA FE SPRINGS, CA 90670
Directors
Director Name Director Address
Q Baron Farwell 10440 PIONEER BOULEVARD, SUITE 5
SANTA FE SPRINGS, CA 90670
The number of vacancies on Board of Directors is: 0
Agent for Service of Process
Agent Name
DEMETRA FARWELL
Agent Address
10440 PIONEER BOULEVARD, SUITE 5
SANTA FE SPRINGS, CA 90670
Type of Business
Type of Business
SCHOOL CROSSING GUARDS
Email Notifications
Opt -in Email Notifications
No, I do NOT want to receive entity notifications via email. I
prefer notifications by USPS mail.
Labor Judgment
to
i
0
C)
w
\
0
rV
IV
O
IV
W
H-'
w
u1
ro
m
m
N•
C
N
sz
w
r-
M
0
n
N�
sv
w
N
�i
m
rrt
w
n
'C
0
ca
sy
(D
Page 1 of 2
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor
Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage
order or provision of the Labor Code.
Electronic Signature
® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Dernetra Farwell
Signature
0310212023
Date
O
C]
ri
O
Ct
a
n
0
rh
co
rt
a
rt
m
Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
Certificate Number:
of business.
2023-1107180
All City Management Services, Inc.
Santa Fe Springs, CA United States
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
12/27/2023
being filed.
City of Fort Worth
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
56499
School Crossing Guard Services
Nature of interest
4
Name of Interested Party City, State, Country (place of business)
(check applicable)
Controlling Intermediary
Farwell, Baron Santa Fe Springs, CA United
X
States
Farwell, Demetra Santa Fe Springs, CA United
X
States
IVICGUt, KCI, UdVIU Jai na rc JNi a 1yo, CA Ui nicii
X
States
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is David Mecusker and my date of birth is 02/07/1979
My address is 11553 Havenwood Dr. Whittier CA 1 90606 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
27 December 23
Executed in Los Angeles County, State of California , on the day of 20
(month) (year)
Da-v� Merl -: l,k ,r
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.f1b8c3f1
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0317
LOG NAME: 13PRFP 24-0111 SCHOOL CROSSING GUARD SERVICES TPW MC
SUBJECT
(ALL) Authorize Execution of an Agreement with All City Management Services, Inc for Crossing Guard Services in an Annual Amount Up to
$4,529,115.00 for Year One, $5,166,215.00 for Year Two and $5,820,550.00 for Year Three, for the Initial Three -Year Term and Authorize Two One -
Year Renewals for an Annual Amount Up to $6,546,315.00 for the First Renewal and $7,318,035.00 for the Second Renewal, for the
Transportation and Public Works Department
RECOMMENDATION:
It is recommended that City Council authorize execution of an agreement with All City Management Services, Inc for crossing guard services in an
annual amount up to $4,529,115.00 for year one, $5,166,215.00 for year two and $5,820,550.00 for year three, for the initial three-year term and
authorize two one-year renewals for an annual amount up to $6,546,315.00 for the first renewal and $7,318,035.00 for the second renewal, for the
Transportation and Public Works Department.
DISCUSSION:
The Transportation and Public Works Department (TPW) approached the Purchasing Division to procure an agreement for school crossing
guards. The department will utilize this agreement to provide crossing guards in the morning and afternoon hours, for regular and summer school
days. Each School Crossing Guard will work three hours per day, and each School Crossing Field Supervisor will work five hours per day.
Currently, TPW covers 14 school districts and 166 schools with elementary and middle school -age children for a total of 314 intersections in the
City of Fort Worth (City). All 314 intersections will be provided coverage and the City estimated a total of 374 intersections by the end of the initial
three-year term and 434 intersections by the fifth year, if the City chooses to renew the agreement.
Purchasing issued a Request for Proposals (RFP) which consisted of detailed specifications describing the City's standards and expectations for
the contractor, and the required duties of the school crossing guards.
This RFP was advertised in the Fort Worth Star -Telegram on January 31, 2024, February 7, 2024, February 14, 2024, February 21, 2024, and
February 28, 2024. The City received five (5) responses, All City Management Services, Inc, Crossing Guard Services LLC, National Security &
Protective Services, Inc, Packplus, Inc. dba Josmar Medical Staffing, and Texas Public Safety and Investigations, Inc.
Packplus, Inc. dba Josmar Medical Staffing, and Texas Public Safety and Investigations, Inc, were deemed non -responsive by the Diversity and
Inclusion Department due to not submitting all required Business Equity documentation.
An evaluation panel, consisting of representatives from the Transportation and Public Works, Diversity and Inclusion and Park and Recreation
departments evaluated and scored the remaining submittals using Best Value criteria. The individual scores were averaged for each of the criteria
and the final scores are listed in the table below:
Bidders
All City Management Services, Inc.
(Crossing Guard Services LLC
National Security & Protective Services, Inc.
Best Value Criteria:
Evaluation Criteria
a b c d e Total Score Rank
e.1 e.2 e.1 + e.2
22.50 12.75 13.13 9.00 9.909 25.00 34.91 92.289
11.88 9.375 10.13 5.25 10.00 25.00 35.00 71.635
Bidder did not meet
50% of technical
points; therefore, was
5.63 2.63 1.13 0.75 deemed non- 10.13
responsive and
disqualified from the
evaluation process.
a. Proposer's qualifications, experience and references
3
b. Project approach and methodology to perform services
c. Proposer's plan and method for hiring crossing guards
d. Ability to meet the City's needs
e. Cost, allocated points based on a combination of:
e.1 Price
e.2 Administrative Expenses
National Security & Protective Services, Inc was deemed non -responsive as it did not score at least 50% or more of the total available points for
the technical criteria.
After evaluation, the panel concluded that All City Management Services, Inc presented the best value to the City. Therefore, the
panel recommends that City Council authorize an agreement with All City Management Services, Inc. The awarded vendor is committing to the
City requirement of Minimum Hourly Pay Rate as described in the solicitation; thus, the agreement includes School Crossing Guards and School
Crossing Guards Field Supervisors base salary increases, as well as additional intersections to support the growth of the School Crossing Guards
program, as indicated on the table below:
School Crossing Guards - Year 1 to Year 3
Description
School Crossing Guard - Year 1 (Hourly Rate)
School Crossing Field Supervisor - Year 1 (Hourly Rate)
School Crossing Guard - Year 2 (Hourly Rate)
School Crossing Field Supervisor - Year 2 (Hourly Rate)
School Crossing Guard - Year 3 (Hourly Rate)
School Crossing Field Supervisor - Year 3 (Hourly Rate)
Description
Estimated Number of Minimum Hourly Pay Rate
Intersections per City Guidelines
314
344
374
School Crossing Guards - Year 4
School Crossing Guard - Year 4 (Hourly Rate)
School Crossing Field Supervisor - Year 4 (Hourly Rate)
Description
$15.45
$18.72
$16.07
$19.28
$16.71
$19.86
Estimated Number of Minimum Hourly Pay Rate
Intersections per City Guidelines
404
School Crossing Guards - Year 5
School Crossing Guard - Year 5 (Hourly Rate)
School Crossing Field Supervisor - Year 5 (Hourly Rate)
$17.38
$20.46
Estimated Number of Minimum Hourly Pay Rate
Intersections per City Guidelines
434
$18.07
$21.07
No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor's bid met
specifications.
FUNDING: The maximum annual amount allowed under this agreement for the first year would be $4,529,115.00; however, the actual amount used
will be based on the need of the department and available budget. Funding is budgeted in the Other Contractual Services account under the Crime
Control & Prevention District Fund (CCPD) for the Transportation and Public Works Department. The amount available for Fiscal Year 2024 is
$867,684.99, the remaining amount will be budgeted and available in Fiscal Year 2025 budget. The annual Department allocation for this
agreement is:
Estimated
Year Fund Department Annual Account Name
Amount
1 CCPD
- Transportation
$4,529,115.00 5330201 - Other
26001
and Public Works
Contractual Services
2 CCPD - Transportation
$5,166,215.00 5330201 - Other
26001
and Public Works
Contractual Services
3 CCPD
- Transportation
$5,820,550.00 5330201 - Other
26001
and Public Works
Contractual Services
DVIN-BE: All City Management Services, Inc is in compliance with the City's Business Equity Ordinance by committing to 100% Business Equity
participation on this project. The City's MWBE goal on this project is 25%.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and shall expire three years after that date.
RENEWAL TERMS: This agreement may be renewed for two (2) one-year terms at the City's option. This action does not require specific City
Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as
previously appropriated, and upon adoption of the Fiscal Year 2025 Budget by the City Council, funds will be available in the Fiscal Year
2025 Operating Budget, as appropriated, in the Crime Control & Prevention District Fund. Prior to an expenditure being incurred, the
Transportation & Public Works Department has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517
Jesica L. McEachern 5804
Oriainatina Business Unit Head:
Additional Information Contact:
Expedited
Reginald Zeno
8517
Lauren L. Prieur
6035
Jo Ann Gunn
8525
Maria Canoura
2526
FORT WORTH,
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: All City Management Services Inc.
For: REP 24-0111 School Crossing Guards Services
M&C: 24-0317 CPN:
CSO:
Date:
To:
Name
Department
Initials
1.
Rashad Jackson
HR- Signature
2.
Chelsea St. Louis
TPW - Initials
C°t
3.
Anna Benavides
TPW- Initials
BA—°
A
4.
Martin Phillips
TPW- Signature
MAMAn
5.
Lauren Prieur
TPW- Signature
?�
6.
Trey Qualls
Legal- Signature
TQ Ta
7.
Jesica McEachern
ACM - Signature
jm
8.
Ronald Gonzales
Approver -Initials
pPg
9.
Jannette Goodall
CS -Signature
j,36
10.
Allison Tidwell
CSO-Assign CSCA-
11.
Tabitha Giddings
TPW-Initials
10.
DOC#:
Date Out
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all
City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: []YES ®No
RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No
ROUTING TO CSO: ®YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs