HomeMy WebLinkAboutContract 57770 CSC No. 57770
FORTWORTHO
NON-EXCLUSIVE CONTRACTOR SERVICES AGREEMENT
This CONTRACTOR 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 PRESBYTERIAN NIGHT SHELTER OF
TARRANT COUNTY UPSPIRE PROGRAM ("Contractor"), a NON-PROFIT ORGANIZATION
and acting by and through its duly authorized representative,each individually referred to as a"party"and
collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Contractor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;
4. Exhibit C— City's ITB No.22-0115
5. Exhibit D— Contractor's Bid Response to City's ITB No.22-0115; and
6. Exhibit E—Verification of Signature Authority Form.
Exhibits A, B, C, D, and E, 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,
C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1. Scope of Services. Contractor shall animal technician services for the Animal Care and
Control Centers ("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 June 29, 2022 ("Effective Date")and expires on June
28,2023("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 Contractor in accordance with the provisions of this
Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes.
Contractor understands and agrees that the City will award non-exclusive agreements to multiple bidders
for services outlined in City of Fort Worth Bid Solicitation (ITB, 22-0115) which is attached hereto as
Exhibit C, and incorporated herein for all purposes. Contractor further understands that the aggregate
amount of all contract awarded to multiple contractors under ITB No. 21-0115 shall be an amount not to
exceed FOUR-HUNDRED-TWENTY THOUSAND Dollars ($420,000.00) for the initial term.
Contractor 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
OFFICIAL RECORD
CITY SECRETARY
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not be liable for any additional expenses of Contractor not specified by this Agreement unless City first
approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Contractor 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
Contractor 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 Contractor for services actually rendered up
to the effective date of termination and Contractor 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,Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor 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. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement,Contractor hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confidential Information. Contractor, 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 Contractor. It will be the responsibility of Contractor 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. Contractor 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. Contractor 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
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event,Contractor 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. Contractor 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 Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have
access during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Contractor 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,Contractor 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, Contractors, and subcontractors. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between City, its officers, agents, servants and employees, and
Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further
agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City
and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint
employer of Contractor or any officers,agents,servants,employees,contractors,or subcontractors. Neither
Contractor,nor any officers,agents, servants,employees,contractors,or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees,
contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- CONTRACTOR 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
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
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8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor 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 Contractor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Contractor 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 Contractor 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, Contractor will fully participate and
cooperate with City in defense of such claim or action. City agrees to give Contractor 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 Contractor'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, Contractor 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 Contractor terminate this Agreement,and refund all amounts paid to Contractor 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. Contractor 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 Contractor under which
the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement.
Contractor will be liable for all obligations of Contractor 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 Contractor referencing this Agreement under which subcontractor agrees
to be bound by the duties and obligations of Contractor under this Agreement as such duties and
obligations may apply. Contractor must provide City with a fully executed copy of any such
subcontract.
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10. Insurance. Contractor 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) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Contractor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are 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
(d) Professional Liability(Errors&Omissions):
$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 and automobile liability policies 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.
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(b) The workers' compensation policy must 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 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.
(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 will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all
required insurance will be delivered to the City prior to Contractor proceeding with
any work pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and ReEulations. Contractor 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
Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately
desist from and correct the violation.
12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives,
assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees
that in the performance of Contractor'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 CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND
HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To CONTRACTOR:
City of Fort Worth Presbyterian Night Shelter of Tarrant County, Upspire
Attn: Assistant City Manager Program
200 Texas Street
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Fort Worth,TX 76102-6314 Attn: Kirsten Ham, VP of Workforce and Career
Facsimile: (817)392-8654 Development
2400 Cypress Street
With copy to Fort Worth City Attorney's Fort Worth,Texas 76102
Office at same address
14. Solicitation of Employees. Neither City nor Contractor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Contractor 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 Contractor'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 Contractor 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.
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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 Exhibits A,B, and C.
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. Contractor 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 Contractor's
option,Contractor 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 Contractor for the nonconforming
services.
25. Immigration Nationality Act. Contractor must 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, Contractor will provide City with copies of all
I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Contractor 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 Contractor employee who is not legally eligible
to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF
THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to
immediately terminate this Agreement for violations of this provision by Contractor.
26. 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, Contractor 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.
27. 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
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Agreement and any amendment hereto, may be executed by any authorized representative of Contractor.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement
or any amendment hereto.
28. Change in Company Name or Ownership. Contractor 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 Contractor 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.
29. No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement
is for less than $100,000,this section does not apply. Contractor 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, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1)does not boycott Israel; and(2)will not
boycott Israel during the term of the Agreement.
30. Prohibition on Boycottin2 EnerEy Companies. Contractor 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, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott energy companies; and(2) will not boycott energy companies during the
term of this Agreement.
31. Prohibition on Discrimination AEainst Firearm and Ammunition Industries.
Contractor 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,
Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (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.
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32. 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.
33. Entirety of Agreement. This Agreement,including all attachments and exhibits,contains
the entire understanding and agreement between City and Contractor, 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.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
J responsible for the monitoring and administration of
By. Valerie Washington(Jun 30,202215:45 CDT) this contract,including ensuring all performance and
Name: Valerie Washington
reporting requirements.
Title: Assistant City Manager
Date: Jun 30, 2022,2022 By:
Name: Christopher Lirette
APPROVAL RECOMMENDED: Title: Code Compliance Superintendent
APPROVED AS TO FORM AND LEGALITY:
By: Tim Morton(Jun 28,2022 07:41 CDT)
Name: Dr. Tim Morton
Title: Code Compliance Assistant Director BY: J.JoeVFAanche TJun 29,202215:46 CDT)
Name: Juan-Joel Tovanche
ATTEST: Title: Assistant City Attorney
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By: 400����� Form 1295:2022-892911
Name: Jannette Goodall apF*01,
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Title: City Secretary ��o° O d�
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CONTRACTOR: nEXA`-ooOp
Presbyterian Night Shelter of Tarrant County,
Upspire Program
By:
Name: Kirsten Ham
Title: Vice President of Workforce and Career
Development
Date: Jun 27, 2022 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS FOR ANIMAL SHELTER TECHNICIAN
1. SCOPE
a. The City of Fort Worth(City)has selected Presbyterian Night Shelter of Tarrant County:Upspire
Program(Upspire)to provide temporary worker services for animal shelter technicians as
described herein on an"as needed"basis for the Code Compliance Department.
b. Following the award,additional services of the same general category that could have been
encompassed in the award of this Agreement,and that are not already on the Agreement,may be
added based on the discount bid and price sheet provided with the bid.
c. Unit prices shall include all costs associated with the specified work,including but not limited to
fees and certifications fees.No additional charges will be accepted or paid by the City.
2. ANIMAL SHELTER TECHNICIANS
a. Upspire shall provide the City with temporary personnel for animal shelter technicians to the
fullest competency and skill levels as set forth in the solicitation for both Animal Shelters located
at the below locations:
i. Silcox Animal Care and Adoption Center
4900 Martin Street
Fort Worth,Texas 76119
ii. North Animal Campus
351 Hillshire Drive
Fort Worth,Texas 76052
iii. Alliance PetSmart Charities Adoption Center
2901 Texas Sage Trail
Fort Worth,TX 76177
iv. Hulen PetSmart Charities Adoption Center
4800 SW Loop 820
Fort Worth,TX 76109
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c. Services and workmanship required to furnish a complete and functional job for the City,whether
shown,included or implied in the specifications,shall be supplied by the Contractor,to meet the
conditions of the Agreement.
d. Employment services shall be performed for one(1)shift,seven(7)days per week,including
holidays or as requested and approved by City representative.
e. Hours of operation: 7AM-6PM
f. Contractors who are second-chance employers are encourage to bid and may be given preference.
g. Contractor shall conduct criminal background checks and drug and alcohol tests on all temporary
personnel before assigning to City and,at a minimum,every year thereafter.No worker is to be
assigned to the City that has failed a drug and alcohol test with the Contractor.
h. The City reserves the right to immediately dismiss temporary personnel provided by the
Contractor,if the City becomes dissatisfied with the service for any reason.
i. Contractor shall furnish able-bodied personnel,who shall be clean,appropriately dressed for the
assignment,and be no less than 18 years of age and possess a valid government identification.
j. There shall be sufficient staffing specifically assigned to the City's account to support necessary
delivery requirements.A Project Manager shall be assigned to the City's account.Phone number,
email,and emergency phone number of Project Manager shall be provided to the City upon award.
k. Personnel shall be capable of working in public areas,able to work with citizens and must be
willing to follow instructions from City supervisory personnel.
1. The Contractor shall be able to provide temporary personnel within eight(8)business hours of the
phone request and if the City is not contacted and/or provided with a temporary employee within
that time period the City reserves the right to contact another source for service and charge the
Contractor the difference,if any.
m. The Contractor shall provide personnel who possess the necessary skills,knowledge and ability to
perform the jobs into which they are to be placed.Assigned employees must possess the ability to
deal effectively and courteously with the public,and the ability to verbally communicate
effectively with others.
n. The City reserves the right to reject workers provided by the successful Contractor if they are
found to be unacceptable before or after starting on the job to which they have been assigned.
o. There shall be no obligation on the part of the City to hire any temporary personnel that is
supplied under the terms of this solicitation on a full time basis following the term of the part time
employment.
p. Should the City wish to hire an individual who has been filling the temporary position,neither the
individual nor the City will be required to pay a placement fee.
q. Contractor is required to pay at least minimum wage to all its employees who perform work on
behalf of the City.Bidder shall be required,quarterly to provide satisfactory evidence to reflect
this policy.The hourly rate that is bid should be the same for all shifts,day or night.
r. No overtime will be paid by the City.It is the Contractor's responsibility to schedule and/or rotate
workers to ensure they do not qualify for overtime.
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s. The Contractor and assigned personnel shall provide their own transportation to and from their
assigned work site.
t. The City will not reimburse mileage or parking.
u. City will furnish a weekly time sheet to assigned personnel,which is to be completed and returned
to the City representative supervising the assigned personnel.
v. If a worker leaves the job site without permission,no payment will be rendered for that shift.
Payments will be rendered only for hours worked.
w. Absolutely no visitors(including family members)will be allowed at the work site during the
course of the work shift,unless they are,in fact,workers of the Contractor assigned to that job
site.
x. Contractor shall also be responsible and liable for the safety,injury and health of its working
personnel while assigned personnel is performing their duties on City property.
3. ANIMAL SHELTER TECHNICIAN JOB DESCRIPTION
a. The listed duties shown in the solicitation are only illustrative and are not intended to describe
every function that may be performed by this job class.The omission of specific statements does
not preclude the City from assigning specific duties not listed if such duties are a logical
assignment to the position.
b. Under general supervision,performs animal care tasks and shelter upkeep to maintain a clean and
disease free environment for impounded animals.
c. Cleans kennel runs,cages,and shelter buildings.
d. Feeds,waters,and cares for impounded animals.
e. Relocates animals from trucks and cages.
f. Euthanizes unclaimed and unadoptable animals.
g. Documents animal dispositions in a computer record keeping system.
h. Assists the public looking for lost or adoptable pets.
i. Assists field officers in unloading,checking in and relocating animals in the shelter.
j. Works in all environments;indoors and outdoors.
k. Report observed health or behavior issues to lost and found supervisor/assistant manager Clean
assigned areas on a daily basis
1. Assist prospective clients in the selection of animals for adoption and in the preparation of
adoption forms.
m. Keep current inventory of necessary program supplies and report shortages to Lost and found
supervisor/assistant manager.
n. Maintain assigned equipment,supplies and vehicles in safe condition and report any problems or
needed repairs to the lost and found/supervisor
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o. Protect the confidential information on customers and donors.
p. The position holder must be able to regularly lift and or move up to 40lbs without assistance and
possibly up to 80lbs with assistance.
q. Any other duties as assigned.
r. Recommended Working Knowledge of-
i. Operations and services of an animal control program.
ii. Methods and techniques of animal control.
iii. Principles and practices of animal behavior and animal care.
iv. Principles and practices of animal investigations.
v. Methods and techniques of animal first aid.
vi. Pertinent Federal, State and Local laws,codes and regulations,
vii. Principles and procedures of animal handling,collection,impoundment,quarantine and
disposal.
4. ANIMAL SHELTER SUPERVISOR JOB DESCRIPTION:
a. Supervises Upspire staff,which includes but not limited to prioritizing and assigning daily work;
assisting with performance evaluations; ensuring staff is trained;ensuring employees follow City
of Fort Worth policies and procedures;maintaining a healthy and safe working environment;and,
providing hiring,termination,and disciplinary related feedback to the UpSpire Operations
Manager.
b. Maintains departmental equipment through training,preventative maintenance,reporting
necessary repairs,tracking,researching and oversight of safe use of equipment.
c. Adheres to assigned work schedule as outlined in the attendance policies and procedures;ensures
all behaviors comply with the City's Personnel Rules and Regulations.
d. Assures that SOP's are followed regarding cleaning kennels,cages,animal rooms,common areas
and play yards.
e. Assists with daily attendance reports so that the time cards are accounted for,tallied and submitted
for payment in a timely manner by the UpSpire Operations Manager.
£ KNOWLEDGE, SKILLS&ABILITIES
i. Principles of supervision,training and performance evaluation
ii. Occupational hazards and standard safety practices
iii. Various departmental structures and goals
iv. Methods and techniques of conflict resolution
v. Organization and time management
vi. Communicate clearly and effectively,both orally and in writing
vii. Supervise,organize and review the work of subordinate employees
viii. Supervise,train and evaluate subordinate employees
ix. Establish and maintain effective working relationships
x. Ability to read,write and communicate effectively
g. WORKING CONDITIONS
i. The work environment characteristics described here are representative of those an
employee encounters while performing the essential functions of this job.Reasonable
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accommodations may be made to enable individuals with disabilities to perform the
essential functions.
ii. Medium work—Depending on assignment,positions in this class typically exert up to 80
pounds of force occasionally,up to 20 pounds of force frequently,and/or up to 20 pounds
of force constantly having to move objects.
h. JOB SUN04ARY
i. Care for,feed,clean and monitor the health of animals in the shelter
ii. Assign staff according to shelter needs,communicates with shelter management on where
staff is needed
iii. Report observed health or behavior issues to medical staff or Supervisor
iv. Clean/Disinfect assigned areas on a daily basis and adhere to cleaning SOP's
v. Assist citizens/customers in the selection of animals for adoption
vi. Promote good animal care and responsible pet ownership
vii. Keep current inventory of necessary supplies and report shortages/needs to a Senior
Officer or Supervisor
viii. Maintain assigned equipment, supplies safe and report any problems or needed repairs to
a Senior Officer or Supervisor
ix. Represent the City of Fort Worth by providing excellent customer service
x. Protect the confidential information of citizens,fosters and rescues
xi. Report to work at assigned start time; go/return from breaks and lunch at assigned times.
Complete duties prior to assigned end time
xii. Ability to meet physical demands
xiii. While performing the duties of this job,this position may be exposed to animal odors or
airborne particles.
xiv. Ability to handle fractious animals in a safe and gentle manner
xv. Manage multiple tasks simultaneously
xvi. Working knowledge of breeds,diseases,medical conditions,and animal handling and
behavior
xvii. Regular exposure to animal odors,diseases,possible contagious conditions,bites,
scratches and moderate noise levels
xviii. Additional tasks as assigned
5. EXPERIENCE AND TRAINING
a. Ability to capture and handle domestic and non-domestic animals.
b. Enforce State,City and Local animal control laws and codes.
c. Investigate animal bite cases and other reported injuries.
d. Prepare and ship specimens for rabies testing.
e. Prepare clear and concise reports and maintain accurate records.
f. Respond to requests and inquiries from the general public.
g. Understand and follow oral and written instructions.
h. Work independently in the absence of supervision.
i. Communicate clearly and concisely,both orally and in writing.
j. Establish and maintain effective working relationships with those contacted in the course of work.
k. Assignment requires standing for prolonged periods of time;heavy,moderate or light lifting;
operating motorized equipment and vehicles.
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6. DRESS CODE
a. Long pants shall be worn.Pants must be clean,wrinkle-free and free of rips,holes,or tears.
b. Long or short sleeve shirts(no tank tops). Shirts must be clean,wrinkle-free and free of rips,
holes,or tears. Shirts will be kept buttoned and tucked in at all times.(Button-up shirts must be
buttoned from second button from the top to the last button. Shirts that have straight bottoms do
not have to be tucked in).
c. Closed-toe shoes or athletic shoes will be worn at all times(sandals and open-toed shoes will not
be permitted).Hats are optional,but no hat will be worn with any promotion,logo,or
advertisement.Hats must be clean and free of rips,holes or tears.Field workers that work outside
and/or in barn areas may wear ski caps in the winter as long as the cap does not have a logo.
d. Shoes should be non-slip and rubber boots should be worn during morning cleanings.
e. Appropriate seasonal outerwear,Safety glasses,hard hats or other personal protection equipment,
if necessary,must be supplied by the Contractor.
f. For safety reasons,while on duty,laborers are not allowed to wear headphones,musical devices,
or sunglasses inside event facilities.
g. During the performance of the Agreement,the Contractor will be required to adhere to the
following requirements:
h. The Contractor shall have an established office at the time their bid is submitted in the Dallas/Fort
Worth metroplex(no exceptions).The Contractor shall maintain this office and be accessible to
assigned personnel.This office shall also be designated as the location for dispersing payroll
checks to the personnel.
i. The Contractor shall provide interpreters if non-English speaking personnel are assigned.An
interpreter may be one of the assigned personnel.
j. The Contractor shall describe,in writing,what immediate action it will take to replace laborers
that do not meet job expectations.
k. The selected Contractor shall appoint one(1)person who is an employee of the Contractor who
will service this Agreement and who will be the liaison between the City and Contractor.
1. Assigned personnel are prohibited from performing duties while under the influence of alcohol or
illegal drugs,or if performance is impaired,while under the influence of lawfully prescribed or
over-the-counter drugs.If in the opinion of the City,a laborer is suspected of being impaired due
to the influence of illegal drugs or lawfully prescribed or over the counter drugs or alcohol,
personnel may be rejected at any time during the shift.Personnel may be subject to random drug
and alcohol testing in accordance with the City's regulations.
m. The Contractor will prepare payroll checks,make all necessary deductions and pay all taxes and
insurance required by Federal,State,and Local laws.The Contractor accepts full responsibility for
the payment of wages,compensation and benefits to personnel.The Contractor accepts
responsibility for payment of all taxes,assessments,fees,and fines that may be due and owing to
any Local,State or Federal government agencies.
n. To the extent permissible by the law,the Contractor shall conduct a background check on all
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temporary personnel assigned to the City.At any time the City may request a copy of background.
o. The Contractor shall ensure that no temporary employee shall arrive on City premises with any
type of firearms or weapons,drugs or alcohol.
p. The City reserves the right to interview a temporary employee prior to employee being assigned to
the City.
q. The City reserves the right to control the details of the temporary personnel's work while assigned
to the City.
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EXHIBIT B
PAYMENT SCHEDULE
Animal Shelter QTY Unit Unit Price Total
Technician Billed Rate
Employee hourly 20,000 HR $21.00 $420,000
rate$12.
Employee hourly
rate with benefits
$15.
Employee 20,000 HR $22.00 $440,000
Supervisor hourly
rate$16.
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FORT WORTH,., EXHIBIT C
COVER PAGE CITY'S ITB NO. 21-0115
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0115 1
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Animal Shelter Technician 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Event Description
The City of Fort Worth seeks bids to finalize an Agreement for temporary worker services for animal shelter
technicians for the Code Compliance Department on an"as needed"basis.
Submission Requirements and Deadlines
Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this
solicitation.Completed Bids including one executed original and one USB flash drive containing electronic
versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., May 5,2022,and then
publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed
envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR
BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE
CONSIDERED. Bids shall be mailed or hand delivered to the following address:
City of Fort Worth, Purchasing Division,
Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102
Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the
outside of the courier's shipping envelope"BID No.
22-0115, ITB Animal Shelter Technician"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR
TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED.
Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid.
Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn
after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon
which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in
this document.The period for acceptance of this bid will be 120 calendar days after the bid opening date.
All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the
PeopleSoft Supplier Portal. Please visit
hops://www.fortworthtexas.gov/departments/finance/purchasing/register for more information.
Assigned Buyer: Cristina Camarillo
There is a Pre-Bid Conference for this bid.
Solicitation Documents:
Cover Page
Bid Submission Signature Page
Bid Solicitation
Part 1 Instructions
Part 2 Scope of Services/Specifications
Attachment A-Conflict of Interest Disclosure Requirement"
Attachment B-Consideration of Location of Bidder's Principal Place of Business**(if applicable)
Attachment C-Vendor Contact Information**
Attachment D-Draft Vendor Service Agreement,attached as a separate document
**Required to be completed and submitted. See Section 14.2, Part 1 for all required document that need to be
submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the
specifications.
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FORT WORTH.
BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0115 2
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Animal Shelter Technician 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name:
Company Address:
City, State,Zip:
Vendor Registration No.
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer or Authorized Representative:
Date:
Email Address:
Phone Number:
Federal Identification Number(FID):
Will agreement be available for Cooperative Agreement use?Yes No
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FORT WORTH
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0115 3
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Animal Shelter Technician 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qty Unit UnitPrice Total
Animal Shelter Technician,per attached 20000.00 HR
specifications.
The unit price is the hourly bill rate.
Employee Hourly Pay Rate:
Total Bid Amount:
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PART-1
INSTRUCTIONS
1.0 SOLICITATION
1.1 Review of Documents: Bidders are expected to examine all documents that make up the
Solicitation as well as any addendums. Bidders shall promptly notify the City of any
omission, ambiguity, inconsistency or error that they may discover upon examination of the
Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no
responsibility for any errors or misrepresentations that result from Bidders not using the
completed Solicitation document and addendums.
1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location
for the Purchasing Division is specified in the advertisement and on the first page of the
solicitation.
2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS
2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the
Solicitation must be requested in writing from the Purchasing Division by the question
deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the
submission deadline. Interpretations, corrections, or changes to the Solicitation made in
any other manner are not binding upon the City, and Bidders shall not rely upon such
interpretations, corrections or changes. Oral explanations or instructions given before the
award of the Contract are not binding.
2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE HAND
DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE
IDENTIFIED AS FOLLOWS:
2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and
the bid number on the document or on the subject line, if sent by and email. For
example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and
bid number is not included as specified above, the question(s)will NOT be
answered.
2.2.2 Delivery of questions by:
2.2.2.1 Hand Delivery— Fort Worth City Hall, Purchasing Division, Lower Level,
200 Texas Street, Fort Worth Texas, 76102.
2.2.2.2 Via Email— FMS Purchasing Responses(aD-fortworthtexas.gov
2.2.2.2.1.1 Please note, if an e-mail confirming receipt of your e-mail
is not received within 1 (one) business day, please contact
the City of Fort Worth Purchasing at 817-392-2462.
2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are
not binding upon the City, and Bidders shall not rely upon such interpretations, corrections
or changes. Oral explanations or instructions given before the award of the Contract are
not binding.
2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by
an Addendum posted on the City's website under the corresponding bid number.
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3.0 UNAUTHORIZED COMMUNICATIONS— Bidders' contact regarding this Invitation to Bid (ITB)with
employees or officials of the City other than the Purchasing Manager, the Business Equity Division,
or as otherwise indicated in the ITB is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the Respondent shall have
any contact or discussion, verbal or written, with any members of the City Council, City staff or
City's consultants, or directly or indirectly through others, seek to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except
as herein provided. Any violation of this prohibition may result in the Respondent being disqualified
from the procurement process. Any oral communications are considered unofficial and non-binding
with regard to this ITB.
4.0 PREBID CONFERENCE- None
5.0 PREPARATION OF BIDS
5.1 Each Bidder must furnish all information required by the Solicitation in order to be
evaluated. Prices or Percent Markups submitted on other than the forms included in
the Solicitation shall be considered non-responsive.
5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of
the Bid.
6.0 QUANTITES-The quantities listed on the bid solicitation are only estimates based on previous
usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort
Worth is obligated to pay for only those materials and services actually ordered by an authorized
City employee and then received as required and accepted by the City.
7.0 TAXES- Purchases of Goods or Services for City use are usually exempt from City, State, and
most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request
a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City
be liable to pay taxes for which the City has an exemption under any Contract.
8.0 DEFINITIONS
8.1 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are
acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate
those features that render it equal. Final determination of a product as "equal" remains
with the City.
8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met or
the date is not indicated, the Bidder shall state its best delivery time.
8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and
Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery
to the point of destination.
8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier
for breakage or other loss and for any damage resulting from transportation.
8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the
place specified, at the Bidder's expense and risk, and their tender delivery to the
City.
8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for
resection.
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9.0 PRICES/PERCENTAGE MARKUP
9.1 Bid prices and percentage markup(if applicable)shall be firm offers unless otherwise
specified. Pricing and percentage markup (if applicable)shall be entered on the Bid Offer
Sheet.
9.2 In the event of a discrepancy between unit price and extended price, the unit price shall
govern.
9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions
thereof).
10.0 SIGNATURE-The Bidder must provide a wet signature on each document in the Solicitation
requiring a signature. Any change made to the Bid must be initialed by the Bidder.
11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID
11.1 All material submitted to the City becomes public property and is subject to the Texas Open
Records Act upon receipt.
11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identified and marked proprietary at time of submittal. The City will,
to the extent allowed by law, endeavor to protect such information from disclosure.
If a Public Information Request is made for Bidder's proprietary information, the
Bidder will be notified so that they can submit a letter to the Texas Attorney
General. The final decision as to information that must be disclosed lies with the
Texas Attorney General.
11.1.2 Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
12.0 BID PREPARATION COSTS-All costs associated with preparing a Bid in response to a
Solicitation shall be borne by the Bidder.
13.0 PAYMENTS
13.1 All payment terms shall be"Net 30 Days"from the date the City receives a correct invoice.
13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing
goods and/or services using the forms posted on the City's website at
https://www.fortworthtexas.gov/departments/finance/purchasing/ach
14.0 SUBMISSION OF BIDS
14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed
executed original and one scanned copy of the entire bid submittal on a flash drive. Bids
must be submitted in a sealed envelope with the bid number written on the outside of the
envelope.
14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed
below and utilize the format below to submit their bid prior to the bid submission deadline.
14.2.1 The completed and signed Bid Submission Signature Page;
14.2.2 The completed Bid Solicitation;
14.2.3 Reference list of a minimum of three(3)current customers (comparable in size)
who the bidder has recently provided subject services on a continuing basis over a
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three (3)year period. At least one(1)of the references must be specifically for
animal care services. The City of Fort Worth may be used as one (1)of the
references.
14.2.4 Bidder's background, number of years in business, size of bidder's labor pool as it
pertains to this bid and bidder's timeframe to provide workers after notification.
14.2.5 Describe what immediate action the Bidder will take to replace workers that do not
meet job expectations.
14.2.6 Describe testing procedures used to determine job skills and physical abilities of
candidates, including drug testing.
14.2.7 Bidder's process on how they are advocating and providing second-chance
employment opportunities, if applicable.
14.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A.
14.2.8 A completed Consideration of Location of Bidder's Principal Place of Business,
Attachment B, if applicable.
14.2.9 A completed and signed Vendor Contact Information,Attachment C.
14.2.10 Signed Addendum(s)acknowledging receipt.
14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1.
14.2.12 Any other document included in the Solicitation requiring completion or execution
by the Bidder.
14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a
bid as non-responsive to the specifications.
15.0 LATE BIDS
15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All
Bids received after the submission deadline are considered late and will be returned to the
Bidder unopened.
15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is
not available or broken, the date and time written on the bid receipt by Purchasing staff
shall be the time of record.
15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the
Purchasing Division. The City will not be responsible for failure of service on the part of the
U.S. Postal Office, courier companies, or any other form of delivery service chosen by the
Bidder to deliver before the bid due date and time.
15.4 Bids delivered to a City location other than the Purchasing Division will not be considered.
The Bid must be received by the Purchasing Division and stamped before deadline to be
considered.
16.0 MODIFICATION OR WITHDRAWAL OF BIDS
16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid
submission deadline.
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16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile(provided that the
facsimile is signed by the Bidder)at any time prior to the bid submission deadline. A Bid
may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the
bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids
may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee,
unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or
without modifications, prior to the bid submission deadline. The City may require proof of
agency from the person withdrawing a bid.
17.0 OPENING OF BIDS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids timely received, reading each bid aloud.
18.0 EVALUATION FACTORS AND AWARD
18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless
otherwise specified). However, the City may evaluate and award the Contract for any item
or group of items shown on the Solicitation, or any combination deemed most
advantageous to the City. Bids that specify an "all or none" award may be considered if a
single award is advantageous.
18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note:A Bidder that does not
earn at least 50%of the technical points will be deem "non-responsive"and will not be
awarded a contract.)
18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a
Purchase Order or a Contract. Subsequent Purchase Orders may be issued as
appropriate. The contents of a Bid Response shall become a part of the Contract. Under
no circumstances will the City be responsible for Goods or Services provided without a
Purchase Order issued by the City.
19.0 RESERVATIONS-The City expressly reserves the right to:
19.1 Specify approximate quantities in the Solicitation;
19.2 Extend the Solicitation opening date and time;
19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most
advantageous to the City;
19.4 Waive as an informality, minor deviations from specifications provided they do not affect
competition or result in functionally unacceptable goods or services;
19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one
that does not affect the competitiveness of the Bidder);
19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission
deadline;
19.7 Reject a bid because of unbalanced unit prices bid;
19.8 Reject or cancel any or all Bids;
19.9 Reissue a Solicitation;
19.10 Procure any item by other means; and/or
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19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary
vendors.
20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS
20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide
Certificates of Insurance in the amounts and for the coverages required to the Purchasing
Office within 14 calendar days after notification of award, or as otherwise required by the
Solicitation.
20.2 Business Equity Division Documents: If a Business Equity goal has been established for
the bid, the applicable documents must be submitted by all bidders wishing to continue in
the bid evaluation process within two(2) City business days after the bid opening date,
exclusive of the bid opening date, to the City location specified in the bid. Bidders shall
obtain a receipt from the appropriate department as evidence that the City received the
documentation.
20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be
approved by the City Council before execution, the successful bidder is required to
complete the Certificate of Interested Parties Form 1295 and submit the form to the
Purchasing contact listed in the solicitation before the purchase/contract will be presented
to the City Council. The form may be completed at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
21.0 PROTEST PROCEDURE
21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process
or the bid award if they believe that there has been any impropriety or unfair criteria in the
process.
21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days
after the Vendor knows, or should have known, of the facts relating to the proposed action
or award.
21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mail, e-mail or in person meetings with
the protesting Vendor.
21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in
writing, state the reasons for the action taken and inform the protesting Vendor of the right
to review by a panel made up of City staff.
21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the
operating department, the Purchasing Manager and any other appropriate personnel or
employees of the operating department.
21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the
Vendor does not agree, the protesting Vendor will be invited to attend the City Council
meeting at which the recommended award is to be presented to the City Council and make
known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start
of the City Council meeting and complete a card requesting to speak concerning the
particular Mayor and Council Communication document(M&C) in question.
21.6.1 Vendors wishing to speak before the City Council should review the rules for
registering to appear before City Council located at:
http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's
website.
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22.0 COOPERATIVE PURCHASING
22.1 Should other governmental entities decide to participate in this contract, Bidder, shall
indicate in their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
22.2 If the successful Bidder agrees to extend the resulting contract to other governmental
entities, the following shall apply: Governmental entities within utilizing Contracts with the
City of Fort Worth shall be eligible, but not obligated, to purchase material/services under
this contract(s)awarded as a result of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmental entity
and paid by that governmental entity. The City of Fort Worth shall not be responsible for
another governmental entity's debts. Each governmental entity shall order its own
material/services as needed
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PART—2
SCOPE OF SERVICES/SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City)seeks bids to finalize an agreement for temporary worker
services to provide responsible, trustworthy, honest, and accountable personnel for animal
shelter technicians for the Code Compliance Department on an "as needed" basis. Bidders
that are second-hand employers are encouraged to bid. Prospective responding bidders
should ensure they download all attachments for complete responses and understanding of
the agreement the City intends to award from this solicitation. The successful bidder(s),
known hereafter as"Contractor"/"Vendor."
1.2 The quantities listed on the bid solicitation are only estimates based on previous usage and
do not indicate intent to purchase or a guarantee of future business. The City is obligated to
pay for only those services actually ordered by an authorized City employee and then
received as required and accepted by the City.
1.3 Following the award, additional services of the same general category that could have
been encompassed in the award of this Agreement, and that are not already on the
Agreement, may be added based on the discount bid and price sheet provided with the bid.
1.4 Unit prices shall include all costs associated with the specified work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL
CHARGES WILL BE ACCEPTED OR PAID BY THE CITY.
1.5 Any services that have been omitted from this scope of service that are clearly necessary
or in conformance shall be considered a requirement although not directly specified or
called for in the scope of services.
1.6 The submission of a bid by the bidder shall be considered evidence of compliance with
these requirements.
2.0 TENTATIVE SCHEDULE OF EVENTS
TASK DATE
ITB Release Date Aril 20, 2022
Pre-Bid Conference None
Deadline for Questions April 25, 2022 at 5PM (Local
Time
Answers Posted Aril 28, 2022
ITB Responses Due Date AT 1:30 p.m. Local Time May 5, 2022
Recommended Vendor Selection May 2022
Mayor and Council Consideration June 2022
Contract Execution June 2022
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP -The Vendor shall notify the City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of
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maintaining updated City records. The president of the company 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 do so may adversely impact future invoice payments.
4.0 METHOD OF AWARD
4.1 Bids will first be evaluated based upon bids received from a responsible bidder that
presents the best value to the City. A responsible bidder is defined as a bidder that:
4.1.1 Meets the requirement listed in Section 5, Part 2.
4.1.2 Submits a completed bid package within the stated deadline and in accordance
with the bid specifications.
4.2 Bids that do not receive 50% or more of the total available points, excluding the points for
price, will be deemed non-responsive.
4.3 The following criteria will be used to determine the best value:
4.3.1 Cost of service—up to 40 points
4.3.2 Contractor's Qualifications, Experience obtaining worker for an animal care facility,
and References—up to 40 points
4.3.3 Availability of resources to provide services(personnel)—up to 10 points
4.3.4 Companies who advocate and provide second-chance employment opportunities—
up to 10 points
4.4 In order for the City to receive adequate coverage on its requirements as specified
in the solicitation, the City reserves the right to make multiple awards.
4.5 The City reserves the right to accept or reject in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interest of the City. The City also reserves the right to reject the
bid of a bidder who has previously failed to perform properly or complete on time
agreements of a similar nature.
4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to
performance record of bidder with the City itself, another municipal corporation of like size,
or private corporations during the past two-year period. Such precautions are deemed to be
in the public interest inasmuch as Vendor failure or inability to furnish items within the
prescribed time can create emergency situations and impose unnecessary hardship on
both the City as a municipal corporation and the public at large.
4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible,
responsive bids. Award may be made without discussion with Bidders after bids are
received. Bids should, therefore, be submitted on the most favorable terms.
4.8 The City also reserves the right to reject the bid of a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
4.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the
Attachment to determine whether Local preference will apply to the award.
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5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED
5.1 The Contractor shall:
5.1.1 Have an established office at the time their bid is submitted in the Dallas/Fort
Worth metroplex with the ability to be reached by email and telephone.
6.0 CONTRACTOR RESPONSIBILITIES—Contractor shall
6.1 Provide the City with temporary workers for animal shelter technicians to the fullest
competency and skill levels as set forth in the solicitation for the Animal Shelters located at
the locations below:
6.1.1 Silcox Animal Care and Adoption Center
4900 Martin Street
Fort Worth, Texas 76119
6.1.2 North Animal Campus
351 Hillshire Drive
Fort Worth, Texas 76052
6.1.3 Alliance PetSmart Charities Adoption Center
2901 Texas Sage Trail
Fort Worth, TX 76177
6.1.4 Hulen PetSmart Charities Adoption Center
4800 SW Loop 820
Fort Worth, TX 76109
6.2 Provide services and workmanship required to furnish a complete and functional job for the
City, whether shown, included or implied in the specifications to meet the conditions of the
Agreement.
6.3 Conduct criminal background checks and drug and alcohol tests on all temporary
personnel before assigning to City and, at a minimum, every year thereafter. No worker is
to be assigned to the City that has failed a drug and alcohol test with the Contractor.
6.4 Shall furnish able-bodied personnel, who shall be clean, appropriately dressed for the
assignment, and be no less than 18 years of age and possess a valid government
identification.
6.5 Have sufficient staffing specifically assigned to the City's account to support necessary
delivery requirements.A Project Manager shall be assigned to the City's account. Phone
number, email, and emergency phone number of Project Manager shall be provided to the
City upon award.
6.6 Be able to provide temporary personnel within eight(8) business hours of the phone
request and if the City is not contacted and/or provided with a temporary employee within
that time period the City reserves the right to contact another source for service and charge
the Contractor the difference, if any.
6.7 Pay at least minimum wage to all its employees who perform work on behalf of the City.
Contractor shall be required, quarterly to provide satisfactory evidence to reflect this policy.
The hourly rate that is bid should be the same for all shifts, day or night.
6.8 Be responsible to schedule and/or rotate workers to ensure they do not qualify for overtime.
No overtime will be paid by the City.
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6.9 Prepare payroll checks, make all necessary deductions and pay all taxes and insurance
required by Federal, State, and Local laws. The Contractor accepts full responsibility for the
payment of wages, compensation and benefits to personnel. The Contractor accepts
responsibility for payment of all taxes, assessments, fees, and fines that may be due and
owing to any Local, State or Federal government agencies.
6.10 To the extent permissible by the law, conduct a background check on all temporary workers
sent to the City.At any time the City may request a copy of background.
6.11 Ensure that no temporary worker shall arrive on City premises with any type of firearms or
weapons, drugs or alcohol.
6.12 Provide workers who possess the necessary skills, knowledge and ability to perform the
jobs into which they are to be placed.Assigned workers must possess the ability to deal
effectively and courteously with the public, and the ability to verbally communicate
effectively with others.
6.13 Be responsible and liable for the safety, injury and health of its working personnel while
assigned personnel is performing their duties on City property.
6.14 Have an established office at the time their bid is submitted in the Dallas/Fort Worth
metroplex(no exceptions). The Contractor shall maintain this office and be accessible to
assigned personnel. This office shall also be designated as the location for dispersing
payroll checks to the personnel.
6.15 Provide interpreters if non-English speaking personnel are assigned. An interpreter may be
one of the assigned personnel.
6.16 Shall appoint one (1) person who is an employee of the Contractor who will service this
Agreement and who will be the liaison between the City and Contractor.
6.17 Shall describe, in writing, what immediate action it will take to replace laborers that do not
meet job expectations. This information shall be submitted with the bid.
7.0 ANIMAL TECHNICIAN SPECIFICATIONS
7.1 Temporary worker services shall be performed for one (1)shift, seven (7)days per week,
including holidays or as requested and approved by City representative.
7.2 Hours of operation: 7AM-6PM
7.3 Worker shall be capable of working in public areas, able to work with citizens and must be
willing to follow instructions from City supervisory personnel.
7.4 Workers will be required to provide their own transportation to and from their assigned work
site.
7.4.1 The City will not reimburse mileage or parking.
7.5 Workers are prohibited from performing duties while under the influence of alcohol or illegal
drugs, or if performance is impaired, while under the influence of lawfully prescribed or
over-the-counter drugs. If in the opinion of the City, a laborer is suspected of being
impaired due to the influence of illegal drugs or lawfully prescribed or over the counter
drugs or alcohol, the laborer may be rejected at any time during the shift.Workers may be
subject to random drug and alcohol testing in accordance with the City's regulations.
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7.6 The City reserves the right to reject workers provided by the successful Contractor if they
are found to be unacceptable before or after starting on the job to which they have been
assigned.
7.7 The City will furnish a weekly time sheet to assigned personnel, which is to be completed
and returned to the City representative supervising the assigned personnel.
7.8 If a worker leaves the worksite without permission, no payment will be rendered for that
shift. Payments will be rendered only for hours worked.
7.9 There shall be no obligation on the part of the City to hire any temporary personnel that is
supplied under the terms of this solicitation on a full time basis following the term of the part
time employment.
7.10 Absolutely no visitors (including family members)will be allowed at the worksite during the
course of the work shift, unless they are, in fact, workers of the Contractor assigned to that
worksite.
7.11 If the performance of any temporary worker is deemed unsatisfactory by City staff the
temporary worker will be dismissed immediately and the Contractor will be paid for time
actually worked by the dismissed worker.
7.12 Temporary worker is recommended to have working knowledge of:
7.12.1 Operations and services of an animal control program.
7.12.2 Methods and techniques of animal control.
7.12.3 Principles and practices of animal behavior and animal care.
7.12.4 Principles and practices of animal investigations.
7.12.5 Methods and techniques of animal first aid.
7.12.6 Pertinent Federal, State and Local laws, codes and regulations.
7.12.7 Principles and procedures of animal handling, collection, impoundment, quarantine
and disposal.
7.13 The listed duties shown in the solicitation are only illustrative and are not intended to
describe every function that may be performed by this job class. The omission of specific
statements does not preclude the City from assigning specific duties not listed if such
duties are a logical assignment to the position. The workers shall be able to perform the
following duties not limited to:
7.13.1 Under general supervision, performs animal care tasks and shelter upkeep to
maintain a clean and disease free environment for impounded animals.
7.13.2 Cleans kennel runs, cages, and shelter buildings.
7.13.3 Feeds, waters, and cares for impounded animals.
7.13.4 Relocates animals from trucks and cages.
7.13.5 Euthanizes unclaimed and unadoptable animals.
7.13.6 Documents animal dispositions in a computer record keeping system.
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7.13.7 Assists the public looking for lost or adoptable pets.
7.13.8 Assists field officers in unloading, checking in and relocating animals in the shelter.
7.13.9 Works in all environments; indoors and outdoors.
7.13.10 Report observed health or behavior issues to lost and found supervisor/assistant
manager.
7.13.11 Clean assigned areas on a daily basis.
7.13.12 Assist prospective clients in the selection of animals for adoption and in the
preparation of adoption forms.
7.13.13 Keep current inventory of necessary program supplies and report shortages to Lost
and Found supervisor/assistant manager.
7.13.14 Maintain assigned equipment, supplies and vehicles in safe condition and report
any problems or needed repairs to the Lost and Found supervisor.
7.13.15 Protect the confidential information on customers and donors.
7.13.16 Must be able to regularly lift and or move up to 40lbs without assistance and
possibly up to 80lbs with assistance.
7.13.17 Any other duties as assigned.
7.14 Worker Dress code-Workers shall be clean and appropriately dressed for the assignment
with proper footwear. No clothing will be worn with any promotion, logo, or advertisement.
7.14.1 Laborers are expected to maintain high standards of grooming and personal
hygiene.
7.14.2 Long pants. Pants must be clean, wrinkle-free and free of rips, holes, or tears.
7.14.3 Long or short sleeve shirts (no tank tops). Shirts must be clean, wrinkle-free and
free of rips, holes, or tears. Shirts will be kept buttoned and tucked in at all times.
(Button-up shirts must be buttoned from second button from the top to the last
button. Shirts that have straight bottoms do not have to be tucked in).
7.14.4 Closed-toe shoes or athletic shoes will be worn at all times (sandals and open-
toed shoes will not be permitted). Hats are optional, but no hat will be worn with
any promotion, logo, or advertisement. Hats must be clean and free of rips, holes
or tears. Field workers that work outside and/or in barn areas may wear ski caps in
the winter as long as the cap does not have a logo.
7.14.4.1 Shoes should be non-slip and rubber boots should be worn during
morning cleanings.
7.14.5 Appropriate seasonal outerwear, Safety glasses, hard hats or other personal
protection equipment, if necessary, must be supplied by the Contractor.
7.14.6 For safety reasons, while on duty, workers are not allowed to wear headphones,
musical devices, or sunglasses inside event facilities.
7.15 Experience and training-Temporary worker is recommended to have the following
experience and training:
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7.15.1 Ability to capture and handle domestic and non-domestic animals.
7.15.2 Enforce State, City and Local animal control laws and codes.
7.15.3 Investigate animal bite cases and other reported injuries.
7.15.4 Prepare and ship specimens for rabies testing.
7.15.5 Prepare clear and concise reports and maintain accurate records.
7.15.6 Respond to requests and inquiries from the general public.
7.15.7 Understand and follow oral and written instructions.
7.15.8 Work independently in the absence of supervision.
7.15.9 Communicate clearly and concisely, both orally and in writing.
7.15.10 Establish and maintain effective working relationships with those contacted in the
course of work.
7.15.11 Assignment requires standing for prolonged periods of time; heavy, moderate or
light lifting; operating motorized equipment and vehicles.
7.16 Work performed at the facilities is under supervision of a City Supervisor.
8.0 CITY REQUIREMENTS AND RESERVATIONS
8.1 The City will identify the location, City contact, and description of the service request to the
Contractor.
8.2 The City will provide a purchase order number before the commencement of any service.
8.3 The City reserves the right to immediately dismiss temporary workers provided by the
Contractor, if the City becomes dissatisfied with the service for any reason.
8.4 The City reserves the right to reject workers provided by the successful Contractor if they
are found to be unacceptable before or after starting on the job to which they have been
assigned.
8.5 Should the City wish to hire an individual who has been filling the temporary position,
neither the individual nor the City will be required to pay a placement fee.
8.6 The City reserves the right to control the details of the temporary employees'work while
assigned to the City.
9.0 LAWS, REGULATIONS, AND ORDINANCES
9.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations;
State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City:
laws, ordinances, and regulations for safety of people, environment, and property. This
includes, but is not limited to, all Federal, State, County, and City Agencies,Administrations
and Commissions such as the Environmental Protection Agency(EPA), Occupational
Safety and Health Administration (OSHA), and the Texas Commission on Environmental
Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the
start of this Agreement, the Vendor is required to comply with new policy.Any mandates
requiring the City to comply with new guidelines will also require the Vendor to comply.
10.0 INVOICING REQUIREMENTS
10.1 The City of Fort Worth has begun implementing an automated invoicing system.
10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable
department invoice email address: suoolierinvoices(cDfortworthtexas.gov. This email
address is not monitored so please do not send correspondence to this email address.
The sole purpose of the supplier invoices email address is to receipt and process supplier
invoices.
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10.3 Please 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)
10.4 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.
10.5 To prevent invoice processing delays, please do not send invoices by mail and email and
please do not send the same invoice more than once by email to
supplierinvoices(a-fortworthtexas.gov. To check on the status of an invoice, please contact
the City Department ordering the goods/services or the Central Accounts Payable
Department by email at: ZZ FIN AccountsPayable(@fortworthtexas.gov.
10.6 If you are unable to send your invoice as outlined above at this time, please send your
invoice to our centralized Accounts Payable department instead of directly to the individual
city department. This will allow the city staff to digitize the invoice for faster processing.
10.7 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
The City's goal is to receive 100% of invoices electronically so that all supplier payments
are processed efficiently. To achieve this goal, we need the Contractor's support.
If Contractor has any questions, please contact the Accounts Payable team at (817) 392-
2451 or by email to ZZ FIN AccountsPayable _fortworthtexas.gov.
10.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish
a tax exemption certificate upon Vendor's request.
11.0 UNIT PRICE ADJUSTMENT
11.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effective date of the renewal upon written request from the
Vendor.
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11.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the
renewal effective period. The Vendor shall provide written proof of cost increases with
price adjustment request.
11.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves
the right to adjust the rate request, or reject the rate request in its entirety and allow the
contract to expire at the end of the contract term. If the City elects not to exercise the
renewal option, the Purchasing Division will issue a new solicitation.
11.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
11.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in
extensions or totals, the unit prices offered will govern.
11.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of time to allow the city
to re-bid an agreement, not to exceed ninety(90)days. Vendor will be reimbursed for this
service at the prior agreement rate(s). Vendor shall remain obligated to the City under all
clauses of this Agreement that expressly or by their nature extends beyond and survives
the expiration or termination of this Agreement.
11.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written
notice to the City.
12.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts
for the duration of this contract as listed in the draft service agreement, Attachment D to this
solicitation, and furnish certificates of insurance along with copies of policy declaration pages and
policy endorsements as evidence thereof.
13.0 PERFORMANCE- Failure of the City to insist in any one or more instances upon performance of
any of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the Vendor's obligation
with respect to such performance shall continue in full force and effect.
14.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without
written permission from the City.
15.0 HAZARDOUS CONDITIONS
15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or
damage to any property.
15.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective
Equipment(PPE)while handling hazardous material. If there are questions regarding how
to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at
817-392-1234.
16.0 CONTRACT ADMINISTRATION AND TERMINATION
16.1 Contract administration will be performed by the City Department. In the event the Vendor
fails to perform according to the terms of the agreement, The Department head or his/her
designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to
discuss the Vendor's deficiencies. A written cure notice may be prepared giving the
Vendor 14 calendar days to cure any deficiency.
16.2 In the event the Vendor continues with unsatisfactory performance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
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performance problem(s), which could include cancellation, termination for convenience or
default. If the agreement is terminated for default, the Vendor may be held liable for excess
cost and/or liquidated damages.
16.3 The Vendor will be paid only those sums due and owing under the agreement for services
satisfactorily rendered, subject to offset for damages and other amounts which are, or
which may become, due and owing to the City.
16.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the event of such termination, the Vendor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subVendors to
cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage
of the agreement price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the
City using its standard record keeping system, have resulted from the termination.
However, in no event shall the total of all amounts paid to the Vendor exceed the
agreement price. The Vendor shall not be reimbursed for any profits which may have been
anticipated, but which have not been earned up to the date of termination.
17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
17.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations
agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work
under that"funding agreement,"the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency(EPA).
19.0 DEBARMENT AND SUSPENSION
19.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220)shall not
be made to parties listed on the government-wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
20.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C. 1352)
20.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection
39 of 57
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award.
20.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their
bid, if the bid exceeds$100,000.00.
21.0 RIGHT TO AUDIT
21.1 Vendor agrees that City shall, until the expiration of three(3)years after final payment
under the Agreement, have access to and the right to examine any directly pertinent books,
documents, papers and records of Vendor involving transactions relating to the Agreement.
Vendor agrees that City shall have access during normal working hours to all necessary
Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
40 of 57
ATTACHMENT -A
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire")the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
hftp://www.ethics.state.tx.us/forms/CIQ.pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might
have with the City,state Contractor name in the# 1, use N/A in each of the areas on the form.
However, a signature is required in the#7 box in all cases.
41 of 57
CONFLICT OF INTEREST QUESTIONNAIRE FORA CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made io the law 1by H.B. 23, 941h Leg., Regular Session OFFICE USE ONLY
This questionnaire is being liled in accordance wit.uhapier 176. Local Govemment Code,by a vendor who Date Rece...ec
has a business relationship as defined by Section 176-001(1-a) with a local gwernmenlai ernity and the
vendor meets requirements under Section 176.006(a)-
By law this questionnaire must be liled with the records adminislralor of the local gavammenlai entity not laser
than the 7th business day after the dale the vendor bammes aware of fa€is thal require the slalement to he
filed. Sep Section 176-01:-(a-1),Local Govemment Code.
A vendor commits an offense if the vendor krrorringly violates Section 175.1006,Local Government Code-Ar
oilense under:his section is a misdemeanor.
1 Name of vendor who hiss.a business relationship with local governmental entity.
Check this box if you mre filing an updain to a previously fi kE d q uesfionnai re.(The low requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete Or inaccurate.)
3 Name of local govemment offrcerabout wham the information is being disclosed.
Name of Off cer
41 Describe each employrrant or other business relationship with the local government officer. or a family member of the
officer,as described by Section t76.00S(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and Blor each employment orbusiness relationship described. Attachadditionalp ages to this Form
CIO as necessary.
A- Is the local government offir±er or a family member of the officer receiving or likely to recaiwe taxable fr,:
other than irrwostment income, from the vendor?
Yes F—] No
13- Is theven for receiving or likely to receive taaabla income,other than irrwestment income,from or at the direction
of the local govemment officer Or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes � No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director. or holds an
ownership inlerest of one percent or more.
6
❑ Chgr,k this boot it the vendor has giwen the kcal govern ment officer or a fam ily member of the offir er One or more gifts
as described in Section 17B.BU3(a}(2}(B}, excluding gifts described in Section 176-003(a-1).
rgnature of verwJor doing business with t e govemrnenra en* ELEW
Form provided by Texas Ethics G mmission mrrw.athi cs.stata.Ix.u s Revised 111=1
42 of 57
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Cade may be found at hrtp:,',www.statubes_legis_state.tr .
Docs+L +htrvLCL 176.htm. For easy reference,below are some of the seclions tiled on this farm.
Local Govemment Code 4176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does riot include a connection based on:
(A) atransaction that is subject to rate or fee regulation by afederal,state,or local governmental entity or ar,
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a pu rchase or lease of goods or services from a person that is ch artered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Govemment Cade 4176.003(a)(2)(A)and(131:
{a) A local government officer shall file a conflicts disclosure statement with respect to avendor if:
(2) thevendor=
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than irrvestment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local govern mental entity and vendor has been executed;
or
(i i) the local governmental entity is considering entering into a contract with the
vendor,
(B) has given to the local govemrnent officer ora family memberof the off icer one or more gilts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(i i) the local governmental entity is considering entering into a contract with the vendor
Local Government Code 41MOWN)and(a-1)
i a;. A vendor shal I f ile a oompl ated confI ict of i nterest questio nnaire if the vendor has a bus iness rel ationshi I_.
'with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a fam ily member of the officer.descri bed by Section 176.003(a)(2)(A);
(2) has given a local government officer of that I oval govern mental entity,or a family member of th
officer.one or more gifts with the aggregate vat ue specified by Section 176.003(a)(2)(B),excludi ng any
gift described by Section 176.043(a-1)1 or
(3) has a family relationship with a local government officer of that local governmental entity_
{a-1) The completed confI ict of interest questionnaire must be fi led with the appropri ate records admin istrato r
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application.response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B)that the ven dor has given one or mare gifts described by Subsection(a);or
(C) of a family relati onsh ip with a local government officer_
Form provided by TexasEmicsCommission wwmv.ethics.state.U.us Revised111fi 2'
43 of 57
ATTACHMENT-B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested, if
the lowest bid is from a business outside the municipality and contracting with the local bidder
would provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed
50%]
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees?
b. Amount of City of Fort Worth ad valorem taxes(real and business personal property) paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly-
established)?
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
(Company Name) (Date)
(Signature) (Printed Name and Title)
44 of 57
ATTACHMENT C—VENDOR CONTACT INFORMATION
Vendor's Name:
Vendor's Local Address:
Phone: Fax:
Email:
Name of persons to contact when requesting services or billing questions:
Name/Title
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Name/Title
Phone: Fax:
Email:
Will your company accept P-card payments? yes no
Signature Printed Name Date
45 of 57
FORT WORTH EXHIBIT D I
CONTRACTORS BID RESPONSE
TO ITB 21-0115
BID SUBMISSION SIGNATURE PAGE
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-22-0115 2
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Animal Shelter Technician 200 Texas St.(Lower Level,South)
Start Time Finish Time Fort Worth TX 76102
09 20 2022 07:00:00 CDT 0510512022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned,by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by
submitting and signing below,acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference,and agrees to be bound by the terms
therein.
Legal Company Name:. R-e-Sh4+e-V-lay% N►c 4 5kekh-r aF larr^-4- C,_ -y Ueseire.. r.9��.�-.
Company Address:_2HDO wrtb'�
City,State,Zip:-rror-V TX -1 to t t72-_
Vendor Registration No.
Printed Name of Officer or Authorized Representative:
Title: VP •- F kNjOr rf-e- Carta eve-lo e. jr-
Signature of Officer or Authorized Representative: L�
Date: 1-1 j 2 LZ
Email Address:_K\na^-, C )wrne.ilnovorl
Phone Number: �l'y 1 to I L- -1 y 5`1
Federal Identification Number(FID): IS - 9 55-579
Will agreement be available for Cooperative Agreement use?Yes_ No�
ITB No.22-0015 Animal Shelter Technician
Pi�o2 nE27
FORT WORTH, 2-
BID SOLICITATION
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-22-0115 3
Event Round Version Submit To: City of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE-Purchasing
ITB Animal Shelter Technician 200 Texas St. (Lower Level, South)
Start Time Finish Time Fort Worth TX 76102
04 20 2022 07:00,00 CDT Os O5 2022 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 1
Description: Qtv Unit UnitPrice Total
Animal Shelter Technician,per attached 20000.00 HR
specifications. �y
The unit price is the hourly bill rate. 2 4 ZQd co
Employee Hourly Pay Rate:_12 I ;1� � l
Total Bid Amount:
t
ITB No.22-0015 Animal Shelter Technician
Pa y AI 2 7
FORT WORTH.
April 27, 2022
Christina Camarillo
City of Fort Worth
Financial Management Services
Finance— Purchasing
200 Texas St. (Lower Level, South)
Fort Worth, TX 76012
RE: Letter of Support for the Presbyterian Night Shelter of Tarrant County; UpSpire Program;
Dear Mrs. Camarillo:
It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter of Tarrant
County; UpSpire Program
The City of Fort Worth Code Compliance Department have been using UpSpire as a vendor for the past 5yrs. We can't be
more satisfied with their performance. They do an excellent job of staffing Litter abatement Crews throughout the city on a
daily basis. On a rating of 1-5 we would rate UpSpire as a 5 highly satisfied. They are always punctual and remain in
communication and have always completed the assigned tasks on time. In addition, they are great in communicating if
any staffing issues may occur.
They do tremendous work with getting us amazing employees who provide great customer service. On a rating scale of 1-
5 for being able to use UpSpire again. We would give a rating of 5, highly likely to use them as a vendor again.
I'm happy to recommend the services of UpSpire. If you have any questions, please feel free to contact me.
Best Regards,
Neil Johnson
District Superintendent—Solid Waste Division
City of Fort Worth Code Compliance Department
(817) 392-5151
Oneil.johnson@fortworthtexas.gov
CODE COMPLIANCE DEPARTMENT
SOLID WASTE SERVICES DIVISION
The City of Fort Worth * 4100 Columbus Trail * Fort Worth, Texas 76133
(817) 392-3279
i
48 of 57
W
WASTE MANAGEMENT- WASTE MANAGEMENT
5012 Martin Luther King Fwy
Fort Worth,TX 76119
April 26, 2022
Christina Camarillo
City of Fort Worth
Financial Management Services
Finance— Purchasing
200 Texas St. (Lower Level, South)
Fort Worth, TX 76012
RE: Letter of Support for the Presbyterian Night Shelter of Tarrant County; UpSpire Program;
Dear Mrs. Camarillo:
It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter
of Tarrant County; UpSpire Program
Waste Management Hauling Fort Worth have been using UpSpire as our sole vendor for the past 3yrs. We
can't be more satisfied with their performance. They do an excellent job of staffing all our Helper for our
routes on a daily basis. On a rating of 1-5 we would rate UpSpire as a 5 highly satisfied. They are always
punctual and have always been completed the assigned tasked on time.
We have also hired UpSpire to help complete our White Glove Walsh Ranch project. UpSpire has always
provided great customer service and handled every need that Waste Management Hauling has offered
them. On a rating scale of 1-5 for being able to use UpSpire again. We would give a rating of 5, highly
likely to use them as a vendor again.
I'm happy to recommend the services of UpSpire. If you have any questions, please feel free to contact
me.
Best Rega ds,
>n J ti � i
Houston Chambliss
Senior District Manager—Waste Management Hauling Fort Worth
817-538-1589
hchambli@wm.com
49 of 57
•-• HUMANE SOCIETY
OF NORTH TEXAS
April 26, 2022
Christina Camarillo
City of Fort Worth
Financial Management Services
Finance—Purchasing
200 Texas St. (Lower Level, South)
Fort Worth, TX 76012
RE: Letter of Support for the Presbyterian Night Shelter of Tarrant County; UpSpire Program;
Dear Mrs. Camarillo:
It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter
of Tarrant County; UpSpire Program
Humane Society of North Texas have been using UpSpire as our sole vendor for the past 3yrs. We can't
be more satisfied with their performance. They do an excellent job of staffing all our Kennel Techs who
take care of the aniamis and cleanng up after them, On a rating of 1-5 we would rate UpSpire as a 5
highly satisfied. They are always punctual and have always completed the assigned tasks on time.
We have also hired UpSpire to help hire for permanent Laundry Bay maintainers as well. They do
tremendous work with getting us amazing employees and have great customer service. On a rating scale
of 1-5 for being able to use UpSpire again. We would give a rating of 5, highly likely to use them as a
vendor again.
I'm happy to recommend the services of UpSpire. If you have any questions, please feel free to contact
me.
Best Regards,
4j�2
Caralee Reed
HR Manager—Humane Society of North Texas
817-470-3350
creed@hsnt.org
50 of 57
14.2.4 Bidders Background,Services,Years in Business
Presbyterian Night Shelter was founded in 1984 and currently serves over 1,000 homeless individuals
every day in Fort Worth making it the largest homeless provider in North Texas. In recent years,the
agency set out to become the largest employer of homeless individuals as well by launching a for-profit
social enterprise called UpSpire. In 2019, UpSpire had 125 full-time employees across its three
enterprise of commercial staffing, ground maintenance, and commercial janitorial. Last year 89 UpSpire
employees moved out of homelessness and into their own home due to their employment income and
45 employees moved onto higher paying jobs. HUD estimates that each individual experiencing
homelessness costs public services$40,000-$120,000 annually.At a low estimated cost of$40,000 per
individual, UpSpire generated approximately$3,560,000 in savings to the City and our public services
last year by providing the income and support 89 of our employees needed to exit homelessness.
14.2.5 Immediate action to replace workers
Presbyterian Night Shelter has established standards of conduct, safety, and other policies to ensure the
safest and most productive working conditions as possible. There are occasions when an employee's
behavior or performance falls short of expectations and Presbyterian Night Shelter may be forced to
take corrective action. While each circumstance and its severity is different, there are various
approaches that may be used to help an employee understand the issue at hand and consequences if
the issue continues.
Generally, we try to take an approach that affords the employee an opportunity to demonstrate
sustained improvement by following a progressive order of coaching, counseling,verbal, and written
warnings. Depending on the nature and severity of the situation, Presbyterian Night Shelter may, in its
discretion, bypass or repeat and of the approaches—certain circumstances may warrant immediate
termination of employment. We will engage these performance improvement efforts only where
circumstances warrant as determined solely by Presbyterian Night Shelter.They in no way modify the
at-will of your employment with Presbyterian Night Shelter.
14.2.6 Testing procedures used to determine job and drug Screening
1. Job Offer Process
• Applicant fills out all required paperwork.
• Recruiting Coordinator sends applicants for a drug screening, and a background is run on
TXPS.
• Background is examined and assigned a level designation for approval; once
approved/denied the background.
• When the negative drug screening has been received the Recruiting Coordinator will
schedule the applicant for New Hire Orientation.
• The HR Processor will set the new employee up in Kronos and provide the login and
password at the time of onboarding.
2. Onboarding Process
• All potential employees will attend a required New Hire Orientation facilitated by their
Recruiting Coordinator.
51 of 57
• The Recruiting Coordinator will guide candidates through the New Hire Orientation
Powerpoint, introducing them to Presbyterian Night Shelter and UpSpire policies and
procedures.
• Candidates will watch accompanying safety videos as designated per enterprise.
• All required paperwork will be given to the HR Processor for review and completion.
3. Completion of new hire documentation by the HR Processor
• Create two separate files for the employee one for personnel and the other for
confidential records (confidential files must be a red file folder)
• Employee Name (Last, First)
• Employee Name (Last, First(Confidential)
• Create an offer letter showing the start date, rate of pay and benefits date if
applicable. Benefits are to begin the first day of the month after 60-days of employment.
Benefits are offered to all employees scheduled for 30-hours or more per week. Part-
time (29 hours and under) and temporary employees are not eligible for benefits.
• Complete the new hire packet and checklist with the employee making sure ALL
documentation is filled out correctly, signed and dated. Ensure to include the approved
drug screening and background check in the packet. Employees who are current guests
of the agency will need to complete guest forms and provide a copy of their most recent
TB test
• Provide the employee the appropriate amount of UpSpire shirts and/or required PPE.
• Provide employee copies of documentation in the packet
• Offer Letter
• Job Description
• Background Check
• Employee Handbook
• E-Verify Documentation
• 1-9 Documentation
• Affordable Care Act Documentation
• Workers' Compensation Documentation
• Kronos Login Information
• No call no show policy form
4. Additional tasks related to new hire documentation by the Career Development Team
• Verify 1-9 and forms of identification through E-Verify. Print and copy the approval and
staple to the 1-9 along with a copy of both forms of ID to be given to the Human Resources
Generalist
• Update the employee spreadsheet(s) located on the HR-New Hire drive
• Employee Training
• Employee File Info
• Review Spreadsheet
5. Transportation of paperwork and deadline information
• Completed new hire documentation (both the employee and employee confidential file)
will be turned in at the end of each day in the Vice President of Human Resources box
located in the Human Resources Assistant's office
• Completed 1-9's will be turned in at the end of each day in the Human Resources
Generalist box located in the Human Resources Assistant's office
52 of 57
• It is imperative there is an open line of communication between the Career Development
Team and Human Resources department. If there is ever question on anything related to
new employees the Director of Career Developer is to contact the Vice President of
Human Resources
14.2.7 Process on Advocating and Proving Second-Chance Opportunities
Presbyterian Night Shelter is a facility that was established in order to provide the basic needs of food,
shelter, safety, medical care, and now job opportunities for the homeless population in Tarrant County.
We're the only shelter in Tarrant County which houses individuals at no cost for as long as they need a
warm place to stay. We operate 365 days per year, 24 hours per day.We do what we can to give them
the chance to get back into the workforce and potentially get back on their feet. During this time we
provide transportation, and food so that all barriers are avoided.This gives our employees and guests
the opportunity to get back on their feet and out of homelessness.
53 of 57
1
CONFLICT OF [INTEREST QUESTIONNAIRE FOR TO CIQ
For vefldor doiflg b.uSlilPSS.with I.OuaI gove•rrlrTl!FrltllI r3-rltlty
`ihis.questionnaire reiiecis changes made to the law+ by R.6. 23, 84-,b Leg:., Regular Session. QFf GE€JSEOPf,LY
11.is.O.Gsbonnaiip is tying filNg it acc lidtncce with chap c-r l-6.Laval Gcvamm._nt Gam,h),a vendor-.0c.
has a business relationship as defined by Section 176.0 11-a1 with a 13cal gwerrimcnial entity and the
vendor meat_iequira-menz under Section 176.00031
E'v law this questFannaire must be,filed with he records administrator of the kcal giverrimerral entity nol laser
lf,,an the-,th business day afler the dare the vendor becomes xiteare of iac:s tha:require the sta:eme•nt to be.
filed. Sat•S._ic110n 176.0i a;a-1,•y,Lccaj Gavarnment Gsde.
A lend;]r commil,or,ofie•rlse if Inn-vardor ij'.,winc,v•violale'Section 176.006,Local Gwernmerl Gcde_AR
of ens .under this sexton is a r9sdamearior.
tJame of vendor who has a b usiness rela tionsh i p with NccaI governmental entity.
'PY'eS r a c in
2
Check this box ifyou are fi line an update to a previously filed questionnaire.(-he law squires mat you file an updated;
cc•mpleted questionnaire oj-n ione appropriate fling authc•rity not later man the 7th busi..ness day cfterthe date on which
ycu became awars•that the or ginally f led questionnaire was ncompl"ie ox inaa.-uaate.'�
3 Nair*of local government officer about whom the information is being disclosed.
N / Name of Officer
4 describe each employmenl or other business relationship with the local government officer, or a famity member of the
offuce.r,as described by Section 17'6.043(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and E for each employment or business relationship described. Attach additional page.sto this Form
CfQ as necessary.
A. Is.Ina kcal gavernmerd officer of a family member of the officer raveiving or I€ke'y tc.receive tax:ac a r_c-r.-
cther than investment income.from the vendor?
Yea F] No
B_ Is.the ve meet receiving or likely to receive taxable income,other ihan investment income.ir.�m or at the diraction
cf I'le local go vcxn-nenl officer or a family member of Ina officer AND the taxable income is i_n received from the
local governmental _ntity?
F1 Yes FI No
6escrilse•ea:ch employment or business relationship that the vendor named in Section 1 maintainswith a corporation or
o11>zi business eruity witl3 respect to which tlye local government officer serves as an officer or director.or holds an
ownership interest of one percent or more.
a
❑ Check Inis box if the vando•-gas given the local government offner or a family rnernber of the officer ona or more gifts
as desci bec i-i Section 176.003(a}(211'B;, excluding gift_described m Section 176.G03r,a-1 i.
5"- 3-zazz
signatlaA ),IKOoing business with The g,:Yverr.r.-ansa army
Form pw0ded by Texas Ethics Commission ww&.ethics.state.'?:.u` ReviSr J 1?l_S121
ITB No.22-0034 1-35/1-30 Grounds Maintenance
Pag ape 40
10
ATTACHMENT B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested, if
the lowest bid is from a business outside the municipality and contracting with the local bidder would
provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid
or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information.
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas.
a. Do you have a Fort Worth office? If yes, identify address:
1'or T'� —IV102
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%]
I ooCYo
2. Economic Development opportunities resulting from contract.
a. Number of Fort Worth resident-employees? L10 12L Pwtal ov cc-5
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly
established)? 3
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perjury.
of ,,rra_4
(Company ame) (Date)
UWG''" �, �i� C7
(Sign ure) (Printed Name and Title)
ITB No.22-0034 1-35/1-30 Grounds Maintenance
Pa of gf 40
4 1
ATTACHMENT C—VENDOR CONTACT INFORMATION
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Vendor's Name: R-e-"ib%I Vr.s n M ti 1b� �/ �l,li' (� 1 v m-,j cc, 4 C
Vendor's Local Address: tt ` C-j0 St , I—i r} \N;c.A� jk l oo
Phone: '11� G 1`-5 4 Fax:
Email: i0l"\-A ru.' f'nt.l ltc`yylie. C
Name of persons to contact iwhen requesting services or billing questions:
Name/Title \<-S' Zwx law• ci1:,r C�� �)fi-1 le5's
Phone: J'06 Lq-�•L- 1'AV; Fax:
Email: �( Yvx tL3
Name/Title_ (Y\0 'ty
Phone: �� s�L 1 Li Z Fax:
Email:
1
Name/Title r;�_Ac • lc� 1' vvx
Phone: l.^, L Fax:
Email: VIUrn,Z- . rw
Will your company accept P-card payments? yes A no
0 wM -- 5
Signs ure Printed Nfame Date
Reviud 6.9.22cc
ITB No.22-0015 Animal Shelter Technician
Pa%%209 gp 27
EXHIBIT E
VERIFICATION OF SIGNATURE AUTHORITY
PRESBYTERIAN NIGHT SHELTER
OF TARRANT COUNTY: UPSPIRE PROGRAM
2400 CYPRESS STREET
FORT WORTH,TEXAS 76102
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Contractor and to execute any agreement,
amendment or change order on behalf of Contractor. Such binding authority has been granted by proper
order,resolution,ordinance or other authorization of Contractor.City is fully entitled to rely on the warranty
and representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor 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 Contractor.
1. Name: Kirsten Ham
Position: VP of Workforce&Career Development
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
57 of 57
7/1/22,2:56 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT��
Create New From This M&C
DATE: 6/28/2022 REFERENCE**M&C 22- LOG NAME: 13P22-0115 ANIMAL SHELTER
NO.: 0529 TECHNICIAN CC CODE
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL)Authorize Non-Exclusive Agreement for Animal Shelter Technicans with Goodwill
Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County for a Combined
Annual Amount Up to $420,000.00 for the Initial Term and Authorize Four One-
Year Renewal Options for an Amount of$441,000.00 for the First
Renewal, $463,050.00 for the Second Renewal, $486,203.00 for the Third Renewal and
$510,513.00 for the Fourth Renewal and Ratify Expenditures in the Amount of
$100,000.00 for the Code Compliance Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement for animal shelter
technicians with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County
for a combined annual amount up to $420,000.00 for the initial term and authorize four one-year
renewal options for an amount of$441,000.00 for the first renewal, $463,050.00 for the second
renewal, $486,203.00 for the third renewal, $510,513.00 for the fourth renewal and ratify
expenditures in the amount of$100,000.00 for the Code Compliance Department.
DISCUSSION:
The Code Compliance Department approached the Purchasing Division to finalize an agreement for
animal shelter technicians. Under the proposed Agreement, the vendor will provide temporary
workers for animal shelter technicians to perform animal care tasks and shelter upkeep to maintain a
clean and disease free environment for impounded animals. To procure these services,
Purchasing issued an Invitation to Bid (ITB) No. 22-0115 describing the personnel required
experience and duties.
The ITB was advertised in the Fort Worth Star-Telegram on April 20, 2022, April 27, 2022, and May 4,
2022. The City received two bids.
An evaluation panel consisting of representatives from the Code Compliance Department reviewed
and scored the 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.
F_ Bidder Evaluation Factors
--Fff--F—
C. Total Score
Goodwill Industries of Fort Worth TO0 F.OFO F 40 70.00
Presbyterian Night Shelter of Tarrant County Fi3 0 5.3 5.5 ��59 64.39
Best Value Criteria:
a. Contractor's Qualifications, Experience obtaining worker for an animal care facility, and
References
b. Availability of resources to provide services (personnel)
c. Companies who advocate and provide second-chance employment opportunities
d. Cost of service
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7/1/22,2:56 PM M&C Review
After evaluation, the panel concluded that Goodwill Industries of Fort Worth and Presbyterian Night
Shelter of Tarrant County presented the best value for the City. Therefore, the panel recommends that
Council authorize this agreement to Goodwill Industries of Fort Worth and Presbyterian Night Shelter
of Tarrant County. It is recommended that multiple non-exclusive 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
vendor bid met specifications.
It is also recommended that each annual award amount include a 5\% increase in cost per
year. Further, it is requested that City Council ratify expenditures in the amount of$100,000.00. This
expenditure is needed for animal shelter technicians for the months of May, June and July 2022.
Funding is budgeted in the Other Contractual Services account of the Code
Compliance Department's rollup within the General Fund.
AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and
expire one year from that date.
DIVERSITYAND INCLUSION (DVIN) -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.
RENEWAL TERMS: The contract may be renewed for up to four successive one-year terms at the
City's option. This action does not require specific City Council approval provided that 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, in the General Fund. Prior to
any expenditure being incurred, the Code Compliance Department has the responsibility to validate
the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Reginald Zeno (8517)
Valerie Washington (6192)
Ori inatin Department Head: Anthony Rousseau (8338)
—g g—P Brandon Bennett (6322)
Additional Information Contact: Cynthia Garcia (8525)
Cristina Camarillo (8355)
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