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HomeMy WebLinkAbout057826-T1 - General - Contract - Ruiz Protective Service, Inc.CSC No. 57826-T1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE December 11, 2025 Ruiz Protective Service, Inc. Attn: Andrew Ruiz 2646 Adjon Dr. Dallas, Texas 75220 Fax: 214-357-0838 Re: Contract Termination Notice Fort Worth City Secretary Contract No. 57826 ("Contract") Pursuant to Section 4 of the Contract, entitled "Termination", the City may terminate the Contract at any time and for any reason by providing you with 30 days' written notice of termination. The City is hereby providing you with notice, pursuant to section 4.1 of the Contract, that it is terminating the Contract effective 30 days from the date of this written notice. If you have any questions concerning this Contract Termination Notice, please contact me at the telephone number listed below. Sincerely, Brenda Ray Fire EMS Purchasing Manger brenda.rU(a,fortworthtexas. &ov 817-392-2577 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Termination — CSC 57826 Page 1 of 2 CSC No. ACCEPTED AND AGREED: CITY OF FORT WORTH B: Y Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED By: Name Title: Raymond Hill Interim Fire Chief ATTEST: ,b�g4rrORTnna By: � oFo,00000, oo*?a Name: Jannette S. Goodall ono °p�d— Title: City Secretary 0� o o=d Oao *dd a a aaa���zpsaaa 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 Title: t I� M S Gina Santillan Fire Assistant Director APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Taylor Paris Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0303 Date Approved: 4/26/22 From 1295 Certification No.: 2022-861658 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Termination — CSC 57826 Page 2 of 2 CSC No. 57826 FORT WORTH. 4144 VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Ruiz Protective Service, Inc. ("Vendor"), a corporation and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. Contractor hereby agrees to provide the City with polygraph services for the Police and Fire Departments Hiring Process, Criminal Investigation and Administration Needs ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date signed by the Assistant City Manager below ("Effective Date") and expires on July 1, 2023 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed One Hundred and Sixty -Eight Thousand Nine Hundred and Thirty -Four Dollars ($168,934). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination, 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 8. Liaabilily and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LA WSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, ORSUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Professional Liability (Errors & Omissions); ❑ Applicable N/A [A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (c) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (d) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (e) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Comnliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other parry, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: 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: Ruiz Protective Service, Inc. Attn: Andrew Ruiz 2646 Andjon Dr. Dallas, TX 75220 214-306-7556 Facsmile: 214-357-0838 14. Solicitation of EmUlovees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either parry who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or the Exhibits. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 25. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made- for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 26. Signature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 27. Change in Comw Name or OwnershiU. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 28. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 29. Prohibition on Boy o ing Energy Com an nies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 30. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 31. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 32. EnfireLy of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (signature page follows) IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: Jul 11, 2022 APPROVAL RECOMMENDED: By: Neil Noa <es (Ju(11, n2220:17 CDT) Name: Neil Noakes Title: Chief of Police ATTEST: 9���ce�te-s ��x7�GG By: Jannette S. Goodall (Ju 12, 202208:33 CDT) Name: Jannette Goodall Title: City Secretary d00 a a FORT �. ° 0 VENDOR: RUIZ PROTECTIVE SERVICE, INC By: Name: Hector Ruiz Title: Owner Date: 7/5/2022 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible forthe monitoringand administration of this contract, including ensuring all performance and reporting requirements. By: 77 Name: Sasha Kane Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0303 Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SCOPE OF SERVICES 1.0 Vendor will provide polygraph services for the City of Fort Worth Fire and the Police Departments on an as -needed basis for criminal investigations, pre -employment, inconclusive employment polygraphs and polygraphs related to administrative issues. 1.1 Vendor will be available 24/7 in the event of needing services 1.2 This contract supports all City -owned facilities varying in size on an as -needed basis. The City reserves the right to add or remove departments and locations at the City's discretion. POLYGRAPH TESTING SERVICES 2.0 Equipment used to perform polygraph testing: • Lafayette: LX6 and LX5000 • Axciton: Axicton Polygraph System • Limestone: Limestone Paragon • Stoelting: CPSpro System 2.1 Scheduling is available via telephone and email but the ClientHQ web application is the preferred method. ClientHQ is a software developed by Ruiz Protective Services (RPS). 2.2 The next step after scheduling the polygraph appointment is the pre -polygraph questionnaire. This is a customizable set of questions that is tailored to each client and exam type. This allows the paper questionnaire that is still in use in many agencies to be converted to an electronic form and completed online. To facilitate this phase, we use another web application created by RPS: PolygraphWA. Examinee's have the option, depending on the client's preference, to complete the questionnaire at a variety of locations: A location of the client's choosing On their personal device (cellphone, tablet, computer, etc.) Or, at an RPS office The questionnaire process integrates several different parts of the process. During this phase, basic information is used to identify the applicant, exam or client specific information can be collected, examinees are permitted to self -schedule if their exam has not already been scheduled, an exam specific video describing the polygraph examination process is provided, and information for the questionnaire itself is collected. 2.3 Polygraph Examination HQ is an in-house database and management system of RPS. HQ integrates directly with ClientHQ and PolygraphWA to facilitate the polygraph exam. Pre -test Phase During the Pre -Test phase, the examiner answers any questions that the examinee has, reviews the answers to the questionnaire with the examinee, and reviews the questions that will be used on the polygraph exam. Any information provided by the examinee during this phase is recorded in the pre- test interview and will be shown on the examination report. This is very useful as it shows any changes the examinee made to the answers whether it be clarifying information or new admissions. Exam Phase The Exam phase is conducted using tools and software created by each of the four leading manufacturers. While only one tool is used in a given exam, we maintain mastery of the tools from Axciton, Lafayette, Limestone, and Stoelting. This ensures that we do not become dependent on any one vendor or vendor's tools and gives us flexibility for handling unusual or unexpected situations. The results of the examination are recorded in HQ and shown on the report. Examiners can also record any information provided by the examinee during the exam and such information is shown separately. Post -Test Phase The Post -Test phase is an optional phase that the examiner can employ when needed. This is always performed if the examinee fails the exam but can be used in other situations as well. During this phase, we attempt to gain insight into problem areas and often we obtain a confession from the examinee that explains the failure of the exam. The information from this phase is shown separately on the report so that there is a clear delineation of the information provided before and after the exam. 2.4 Reporting The final phase is the report. We provide most reports within a few minutes of the completion of the exam after passing QC Review. These reports are sent automatically via email and may also be downloaded via ClientHQ. 2.5 Record Keeping All exam results are maintained in accordance with the relevant laws or longer as required by contract. ClientHQ provides full access to all historical reports. EXHIBIT B PAYMENT SCHEDULE Forr WRT H BID SOLICITATION - r�y- nvited: PUBLIC EVENT DETAILS EventI �PkY71-32-ddt.r Evarn Hound vNaeion 1 t Event Nares LTA submh To: City of Foot Worm Start Tim* Finish Tima FINANCIAL MANAGEMENT SEAVICES I1 94 5r2$ as:�9;..7- ear eg.ai,zaax >.} ,a bn'aT FINANCE.. Purchasing 20D Texas SI, ii c�vrer Level, Swhi Frr Worth TX IWOI1l United States EmeII: FUSPurchas ngResponsesaforlwanh4exa&gov Lfrrs; f DtLa Ictl; _ Otv Unil unuPrlca —TOW — Polygraph Ts>brg• per test, Friday AM P Led 700 94 EA $138.94 •:Adnday'Mrcuyh I Jnd; 2 i>ti#wIPSI4^R--__-- --- 4ty Unil unftPr a TOW Pdy7sph Tasiry, spedlic, isaiw, pur tmi, per aitac hed specrticahwis Ncp Expxfaorl - Mon,sayFridayT.+uM-i 250.00 EA '$1$ $417)J ]AO through ,OLI 3 GesorLens: ia I.: sty Urdt iklliPrlea Trial PdyApaph Testag, speak Issue, per test, peranadwdWeahcaboins.Non- E Ited- 100M EA �1�8:� '�1.�_g�.� NqW Aut4da FGpA r business hou rffi LhW 4 . dam_-. _ _ .. _ _ OtY _ unit _ ilatitPnca Tpiil[ P§oiypyph tpedMC i®aiw, per teal, paranaerMdI IIIPrM.N®raElsadflod- 3.00 Eli i 9$.d�i3 $594.00 +VuaakenaM end Cirly ifaiasy < Line: 9 t7ea6rlptlen_ U11r UNI UrAprke Tim Polygraph Tes ng... spwthc ksarue n Sparest+, per lest, per anac hod agwitk;ahrxns, Nori-E - monciay inrough F+rraay 3.00 EA. g a9�I,iID 7ADAIWB•17DPM .p{j Llna: 8 Ctnerlotlon- C" Unit Unitpoeii Toff Pdffvh TaisbrV. spacft issue in Spanish, per Iasi, Per aliacha d spedications, Spanish . Non-Expokbaci • Nighi, "aide hcxra 3.00 EA §198.GftY $594.fI regular W r+ess Line: 7 (Ion: titer ww Unftpdcg Tdsi Pdypraph TeSbt'v,)., specrhe issue in Sparish, Pair feu, pre'' altwc.hod spoil kadidna 3,00 EA I �1 , 4. blortF�tptxSiud • Words and City Holidays t — -- Taut Bid Amour* A hid of -0- vxi be irdefl ralad by tna City as a no -char" (Me) ft M atld ft Cily will not exiled to pay ter Ihat aem. A bid of 'no Nita' or no response (space tat f>W*) vA be ralarpreiee by the Cay+that the O trier does not wish to bid on that dem. Ele aihnwd a -m tmd or no raaponse rmray ha considered as notwes ponsive and may result in disquafit+calion ol:aa bd.. Nis Diswunt Services not lWas above will be oikrei;l aA 't a dls-0-4 of (SENICea may be added on an as n"ded basis Owoughout the We d'Ute agthernerrt., thwafore, Iha Ladder !hall subrTd a price W tar M available items vMh thw bid submittal) CM01.22-0047 4 Ruiz P*olecttwe Service, Inc Invoicing. The Vendor shall send invoices electronically to City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. Vendor must include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456 FW013- 0000001234) To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment (i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013) • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; Invoice date; and • Invoices should be submitted after delivery of the goods or services. To prevent invoice processing delays, do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayable@fortworthtexas.gov. If Vendor is unable to send its invoice as outlined above at this time, send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 8.1 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. Cancellation Policy City of Fort Worth can call or email notice of cancellations. A no show fee of $69.47 will be charged if less than 24 hours notice is given. EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For Vendor doing business wtifl imai goverlllm'maj entity Tim willationna ! tallstali iM/11olt ImMdit m ft taw by till it MA Lag-_ Pagmim Samoai. rwll ? E USE C04LY is owe i i. it sF iiIalps With Cry' 1' a. Lc ' �.'Qrtvrisnt C-AG. tpr a 'at'r" us a tfitt om femkill" its (1, fty Socon 176 ilsltf a wmM a bam gmterllatPrM GRINiy aid th .*Fr" MGW f CM V SKal 17rr..01lri14] &I, L-vw tri musil to tl$ d Won to rscafis I of tits MGM OMttwislsfwsi aril nht iw raid ** Ttri C1JCmms =� VW ft dam to ;rm** batlmM ice0 ltlpt 00 sttt K9 ft 1ltlltrl.'fi I its be W'.,t "4ti "p-ton I -G. (*'A " Local k-Vilm"Tu.m Cam. A vgrKrr -F^nm jr, )4 a 1 tr+c at;rpv rgom Satssn vC00l tocal, C*wormni;i f %+each. An -.:t�'.5 x s«'74ar °r °�:'�'r •. A �, �.r;iu,�tlwi^::,r 1 Nivimio of hf n*rr Who has a busirlvsv rsiabonstlip with Waal gctrainsrtrtatlMil lnldw. Ruiz Protective Service, Inc. GhsNt ihas box d you are ring en upd b lw api- lam 1V tMWqwool000iM (The raw Mgttiaa tt1101 Ycu WID an updal&-- =ffV-V.ad quo&trnrWG with V* irl3gtoViaNi ttfng: ailit otity not tow rm ft 7ih business day a..F,, t` t Bata on wt'tc9; yF,u kecarne swami test the x9mally Nod 7-m1iorrmilm`w Bras mcotr0k%l of Mccur3t4 } N/A Wtieas a1 loesi gatnrrwnrsfrl atlicwr alfo�R itifit ii a tits iiMislnrrtl is dMikiossid N/A Nome of rfr+cor jDaimc W sash •mpWynWrit or cAt w build iiaa rliwllanlrtip with it* Weal (two m wit otlicar. or a Im"By rromber of the afficw. as daacri aid by SOCNyon t76.0ojiaiL2)t(9 i,. Also daacribe arty fanny rvailorwhip witk tfta banal gammit»atl oMcer- Cantossa suliga a A and 8 for each smpkrymant ar business rvlmionship daacribad. Attach addittasisi papti to this f0m cio ma sssaas�sryt N/A l6 is llta local gattorrinWt Oftr r 4t a tan* tmtTt*W Of seta C'N'-Cr r r'4-vmlg o' A" to ,oca mwso;4 morra G+t m ~ fntres will inGmsa. Worn uw V"orl 13, it ft Yandw It ir►g of fikwiy to riTtCove tiisi.a�t' Qr iAC^MO- othor Vw rwasunam WCOMIG. "M W at ft drOewn Olt to l Mal 9Wsnflilanat tilrM or a tsierrliyt rnsetittar of the offiilaf MD ft la dhia incoom is not roC9+rvd kom lhh local pmertYt i sltC1!y'% � gtsah �RNrtt ar kuisfrtaas r4laClonslt� Multytre vOrtdor rgirrrt+iS in S.cticxi t m>tiMtlalres swtth a cafpoiraibptri ar isfMar hsaiitaaa asiliyr with rsspect to which the local grarremnisnt offtot mil as an oMmr oar difectoc or hotda an prlr> ko iaat of or* pot cem of mom N/A 61 Chao Unbolt rf IN y9rdQr has gryem p10 local goil -f a tam* irmmbvr al dlootrcat one or rntiita i Ll as doscr S4cuon 178.003a m 2 id &. exc triia+p p,fl. t trtsrt i Tb. 3(A-t ). k 02J22/2022 6Ai0 A iron 01114 s woj9p1paiiWim_ { rrarm prmtow tN T-m Elhv-3 rvrMnt nsr ri aRlia'ema stale-Ccus Ftarrlad 10F=1 EXHIBID D VERIFICATION OF SIGNATURE AUTHORITY Ruiz Protective Service, Inc. 2646 Andjon Dr. Dallas TX, 75220 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Andrew Ruiz Position: Vic President of Finance Signature 2. Name: Position: Signature Name: Position: Signature Name: Hector Ruiz Az�� Signature of Presid t / CEO Other Title: Owner Date: 6/22/2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0303 LOG NAME: 13P22-0047 POLYGRAPH SERVICES FOR POLICE AND FIRE MC PD SUBJECT (ALL) Authorize Execution of Non -Exclusive Purchase Agreements with Ruiz Protective Service, Inc. and Joe F. Garcia, LPE for Polygraph Services for the Police and Fire Department Hiring Process, Criminal Investigatons and Administrative Needs in a Combined Amount Up to $423,884.00 for the First Year and Authorize Four One -Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive purchase agreements with Ruiz Protective Service, Inc. and Joe F. Garcia, LPE for polygraph services for the Police and Fire Department hiring process, criminal investigatons and administrative needs in a combined amount up to $423,884.00 for the first year and authorize four one-year renewal options for the same amount. DISCUSSION: The Fire and Police departments approached the Purchasing Division to procure an agreement for polygraph services. During the course of this agreement, other departments may request polygraph services, therefore, this agreement should also allow for those purchases. The Fire and Police Departments will use these Agreements for an external polygraph examination provider to assist various investigative units within the Fire and Police Departments with criminal investigations, employment polygraphs and polygraphs related to administrative issues. In order to procure these services, staff issued an Invitation to Bid (ITB). ITB No. 22-0047 consisted of detailed specifications describing the type of equipment and testing requirements. The ITB was advertised in the Fort Worth Star -Telegram on January 26, 2022, February 2, 2022, February 9, 2022, February 16, 2022, and February 23, 2022. The Purchasing Division received four (4) responses, Joe F. Garcia, LPE, Ruiz Protective Service, Inc., Sage Cognitive Solutions, P.C. and Wood and Associates Polygraph Services, LLC. Wood and Associates Polygraph Services, LLC was deemed non -responsive by Purchasing because they did not meet the qualification requirement of providing services 24 hours a day, 7 days a week. An evaluation panel, comprised of representatives of the Fire and Police departments reviewed and scored the remaining submittals using the Best Value criteria which included the following: (a) bidder's approach and methodology to perform services; (b) bidder's ability to complete the scope of work, availability of resources, number of personnel and equipment; (c) bidder's references from other projects comparable in size similar to the scope of work; (d) bidder's qualifications. accreditations, certifications, continuing education or other training related to the scope of work; and (e) cost of service. The individual scores were averaged for each of the criteria and the final scores are listed in the following table: Bidders Evaluation Criteria a b c d e Total Score Rank Ruiz Protective Services, Inc. 5.67 12.00 11.50 8.50 40.00 77.67 1 Joe F. Garcia, LPE 5.67 10.00 11.00 8.50 19.63 54.80 2 Sage Cognitive Solutions, P.C. 5.33 9.33 4.50 8.00 X Bidder did not meet technical points, therefore cost was not evaluated. After evaluation, the panel concluded that Ruiz Protective Service, Inc. and Joe F. Garcia, LPE presented the best value to the City. Therefore, the panel recommends that Council authorize polygraph services agreements with Ruiz Protective Service, Inc. and Joe F. Garcia, LPE. It is recommended that multiple Agreements be awarded to the listed vendors to ensure services are available without delay. Under these non- exclusive Agreements, departments will order services according to lowest cost and availability. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors bids meet specifications. FUNDING: The maximum amount allowed under this agreement citywide will be $423,884.00, however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: Department Estimated Annual Amount Account Name Fire Department $194,410.00 Other Contractual Services Police Department $229,474.00 Other Contractual Services DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL OPTIONS - The agreement may be renewed forfour (4) additional one-year renewal periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the participating departments' Operating Funds to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno Oriqinatinq Business Unit Head: Additional Information Contact: Signature: Fernando Costa Anthony Rousseau Neil Noakes Cynthia Garcia Maria Canoura Email: Elisa.Winterrowd@fortworthtexas.gov 8517 6122 8338 4212 8525 2526 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Ruiz Protective Service, Inc. Subject of the Agreement: Termination of Agreement/Contract M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 07/02/2025 If different from the approval date. Expiration Date: 07/01/2026 If applicable. Is a 1295 Form required? * Yes © No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the followin order:. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.