HomeMy WebLinkAboutContract 39861CITY SECRETARY
PETSMART CONTRACT No
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Adoption Program and Grant Agreement
This Adoption Program and Grant Agreement (the "Agreement"), dated as of �-, 2010 (the "Effective Date"), is
entered into between PetSmart Charities, Inc. ("Charities") and the City of Fort Worth ("you" or "Agency Partner").
The purpose of the Charities Adoption Program is to assist local animal welfare organizations to find homes for homeless
pets and to help end euthanasia as a means of pet population control. Through our working together, we can achieve
these goals by educating the public about responsible pet ownership, providing a superior adoption experience, and
matching the right pet with the right family.
Charities has permission to use certain space for the construction and ongoing use of an Adoption Center (the "Adoption
Center") within PetSmart, Inc. ("PetSmart") Store # 187 located at 4800 SW Loop 820, Hulen (Ft. Worth), Texas.
Charities also has permission to place certain animal organizations, we call Agency Partners, in such Adoption Center.
Being located in a PetSmart store increases the Agency Partner's visibility providing a great advantage for the Agency
Partners. Along with the benefits come certain responsibilities. Having a presence in a PetSmart store also means that
you, your employees and volunteers as well as the adoptable dogs and cats ("animals") you display may be viewed by the
public as representatives of Charities and/or PetSmart even though you are not. In addition, the safety of your employees
and volunteers, Charities and/or PetSmart employees, agents and customers, and the animals are of the utmost
importance. Therefore, during the term of this Agreement, Charities and Agency Partner agree to the following:
1. Adoption Center
1.1 Unless otherwise specified in Section 5.2 and on Schedule B to this Agreement, Charities will be responsible for
the construction of the Adoption Center, for all necessary maintenance and up -keep to the physical facility and
fixtures of the Adoption Center (such as HVAC, appliances, plumbing and electrical system), and for paying all
utility and related costs. Neither Charities nor PetSmart will charge Agency Partner any rent for use of the
Adoption Center.
1.2 Charities or its designee will provide certain on -site training materials for all Agency Partner employees and
volunteers with respect to all Charities or PetSmart policies and procedures applicable to the Adoption Center and
Agency Partner's presence in the PetSmart stores, which policies and procedures may be modified by Charities
or PetSmart, as applicable, in their sole discretion following at least 30 days' notice to Agency Partner, Agency
Partner will comply with all training requirements and all Charities or PetSmart policies and procedures.
1.3 Charities will provide reasonable quantities of products, supplies, or equipment (such as food) in its sole
discretion for sole use in the Adoption Center. However, no Agency Partner employee or volunteer will be
permitted to remove any products, supplies, or equipment from the PetSmart store for use in the Adoption Center
or for any other reason. The Agency Partner, its employees or volunteers, must contact the PetSmart store
manager for replenishment of all products, supplies or equipment.
1.4 Subject to and within the limits of the Texas Tort Claims Act, Agency Partner will be responsible for any damage
to the Adoption Center or PetSmart Store # 187, excluding normal wear and tear, that is caused by Agency
Partner, or its employees or volunteers. Agency Partner will, at its sole expense, maintain the Adoption Center in
a clean, sanitary and orderly fashion and take preventative action to discourage the spread of communicable
diseases. The Agency Partner is responsible for ensuring that the Adoption Center is clean prior to departure on
each day and consistent with Charities or PetSmart policies and procedures.
1.5 Third -party funding for the Adoption Center and Program shall be paid directly to Agency Partner and be
deposited and maintained in a dedicated project fund to be used solely for purposes associated with the Adoption
Center and Program. To demonstrate to Charities that sufficient funds are on hand for the continued operation of
the entire Adoption Program (including any obligations of Charities) as contemplated under this Agreement,
Agency Partner shall provide Charities with a quarterly budget report indicating: (i) the total budgeted revenues
and expenditures for the Center and Program for the fiscal year, (ii) actual fiscal -year-to-date revenues and
expenditures; and (iii) difference between budgeted and actual figures. Reports shall be in a format substantially
conforming to the sample report attached heretoas Schedule A. Agency Partner shall also provide a detailed
10138592 CITY Y SECRI TARY 1
FT 1.* °gPTH,, TX
accounting of the project fund used to maintain money received from any third -party providing support for the
Adoption Center and Program. In addition to the foregoing reporting requirements, Agency Partner shall provide,
prior to execution of this Agreement, a letter of assurance reasonably acceptable to Charities, executed by a duly
authorized representative of the third-party(ies) providing Agency Partner funding for the Adoption Center and
Program, that demonstrates funding for the Adoption Center and Program, including without limitation those
amounts to be paid by Agency Partner to Charities that are set forth on Schedule B to this Agreement, for a
period of two (2) years.
1.6 As a condition to Charities performance under this Agreement, Agency Partner understands and agrees to allow
Charities or its designee to conduct a visit of Agency Partner's shelter to Charities' sole satisfaction and to
conduct an annual visit of Agency Partner's shelter to Charities' sole satisfaction during the term of this
Agreement after reasonable advance notice is provided to Agency Partner. Prior to conducting any shelter visit,
Charities and each of its designees shall execute a liability waiver and release in favor of the Agency Partner
which has been mutually agreed upon by the Parties and which is limited solely to such shelter visit. No individual
shall be allowed to conduct a shelter visit unless an executed waiver and release for that individual is on file. In
the event an individual declines to execute a waiver and release, Charities shall appoint a substitute individual to
conduct the shelter visit.
2. Animal Care and Transport
2.1 Agency Partner shall be fully responsible for populating the Adoption Center with Agency Partner's animals and
for properly caring for such animals at all times, including daily feeding and clean-up. Agency Partner shall retain
ownership of each animal that occupies the Adoption Center through the time the adoption process for such
animal is complete.
2.2 Agency Partner must maintain control of its animals in the Adoption Center at all times. No animals will be
displayed outside the Adoption Center, unless otherwise agreed to by the parties in advance of any special
events. If any animal needs to be moved to or from the Adoption Center for animal care or transport purposes,
such animal must either be on a lead with one handler to each animal or in a carrier intended for transport of such
animal prior to leaving the Adoption Center or entering any PetSmart store.
2.3 Agency Partner will offer only healthy animals for adoption in the Adoption Center or designated adoption areas.
A certification from the veterinarian who conducted an animal's health and temperament assessments under
Paragraph 2.5 shall constitute sufficient proof of the condition of the animal.
2.4 Agency Partner will isolate an animal at the first sign of illness or aggression and remove it from the Adoption
Center and PetSmart store as soon as reasonably possible, which in all cases shall be within twenty-four (24)
hours. Animals showing signs of aggression may not be brought back to the Adoption Center or PetSmart store
for future placement.
2.5 Prior to being transported to the Adoption Center or a PetSmart store, a licensed veterinarian must examine all
animals for a preliminary health and temperament assessment, all animals must be deemed adoptable by such
veterinarian, and all animals must be provided age -appropriate vaccinations, all in accordance with Charities and
PetSmart protocol and applicable laws, provided, however, that Charities and PetSmart will provide Agency
Partner with at least thirty (30) days' written notice prior to instituting any changes to its protocols. Vaccination of
any animals in the Adoption Center or on PetSmart premises is strictly prohibited. Dispensing
medications or veterinary advice to PetSmart customers and/or adopters while in the Adoption Center or
on PetSmart premises is prohibited.
2.6 No animal shall be housed at the Adoption Center or otherwise placed from or through the PetSmart store unless
such animal has previously been spayed or neutered.
2.7 Agency Partner must embed all animals with a microchip identification tag, provide all necessary licensing and
registration tags, and must ensure, once the animal is adopted, that such microchip, license, and registration are
updated with the adopter's identifying information. Agency Partner shall provide adopters with copies of all
veterinary records that are maintained by Agency Partner and pertain to the animal being adopted. Agency
Partner shall execute a signed written authorization or other form of waiver that complies with the requirements of
Chapter 801 of the Texas Occupations Code to authorize Agency Partner's veterinarian the authority to release
Agency Partner's veterinary client records to Charities. Agency Partner will maintain all necessary Records (as
defined in Paragraph 5.3) for such microchip, license, and registration and will provide copies of such Records to
Charities or PetSmart upon request. Agency Partner shall not voluntarily provide either Charities or PetSmart
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with access to or copies of any information in the municipal dog and cat registry that Agency Partner is prohibited
from providing under section 826.0311 of the Texas Health and Safety Code,
2.8 Agency Partner shall not accept surrendered or abandoned animals from the public while on PetSmart premises.
2.9 Agency Partner will provide transport for animals between the Agency Pa, tners shelter and the Adoption Center.
Agency Partner will be responsible for all costs relating to transportation of the animals, including any automobile
insurance as described below.
2.10 Agency Partner shall transport additional eligible animals to the Adoption Center periodically as needed
throughout the day and week in an effort to ensure that the maximum number of animals is available at the
Adoption Center at all times. Agency Partner will remove any animal from the Adoption Center if such animal has
not been adopted after 21 days after delivery to the Adoption Center, or as may be requested from time to time by
Charities or PetSmart, with or without cause.
2.11 Except to the extent prohibited by an applicable State of Texas or municipal law, Agency Partner will remain liable
for each animal until such animal's adoption process is complete.
3. Adoption Process
3.1 Subject to this Agreement, Agency Partner will use its own shelter adoption policies and procedures when offering
animals for adoption at the Adoption Center, Agency Partner will explain the process that a potential adopter
must follow to finalize an adoption, including disclosing all known issues about an animal and all requirements
that may be conditional to an adoption. Agency Partner will work to resolve any adoption -related issues that may
arise with PetSmart customers, including working with the PetSmart store management to facilitate resolution,
provided, however, that such cooperation shall not authorize or empower the PetSmart store manager to direct
the activities of Agency Partner or assume liability for Agency Partner's activities.
3.2 Agency Partner will make the final decision in the adoption of an animal. If an adoption is denied, the Agency
Partner will explain why it was denied and offer alternatives. Professional handling of non -match or denied
adoptions is expected at all times.
3.3 Charities will provide Adoption Rewards per adopted animal in accordance with Charities then -current Adoption
Rewards Program, which may be modified by Charities in its sole discretion, and after confirming eligibty and all
other terms and conditions are met.
3.4 In addition to any document required by Agency Partner, Agency Partner will require with each adoption a signed
adoption release form or other documents as may be requested from time to time by Charities. At least thirty (30)
days prior to implementing a new or revised form or document, Charities shall provide Agency Partner with a copy
of such form or document.
3.5 Unless specifically set forth in this Agreement, Agency Partner will not charge Charities or PetSmart any adoption
fees or other expenses.
3.6 Agency Partner will not use discriminatory practices, and will avoid the appearance of discrimination, during the
adoption process, including by utilizing standardized fees for adoption, ensuring equal opportunity and fair
treatment to all potential adopters and by not discriminating based on the basis of age, gender, race, ethnicity,
national origin, religion, disability or sexual orientation. This provision shall not prohibit Agency Partner from
periodically offering reduced or discounted fees based on an adopter's age or income status so long as eligibility
for such reductions and discounts is determined utilizing objectively verifiable, non-discriminatory criteria.
3.7 Agency Partner will keep all information provided on an adoption application as private and confidential. Charities
may require access to such information in the event of a customer issue concerning the animal. However,
Agency Partner shall not voluntarily provide either Charities or PetSmart with access to or copies of any
information in the municipal dog and cat registry that Agency Partner is prohibited from providing under section
826.0311 of the Texas Health and Safety Code.
4. Agency Partner Employees and/or Volunteers
4.1 Agency Partner will be solely responsible for hiring employees and volunteers to staff the Adoption Center.
Agency Partner will ensure that the Adoption Center is appropriately staffed from one hour prior to when the
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PetSmart store opens until the PetSmart store closes, and will ensure that its employees and volunteers are
available to assist the public during PetSmart store hours. Any changes to this schedule must be mutually agreed
upon by the parties at least twenty-four (24) hours in advance. Each party shall designate in writing one or more
individuals and one or more alternates who are authorized to agree to schedule changes on behalf of that party.
4.2 Except to the extent prohibited by an applicable State of Texas or municipal law, Agency Partner will maintain
responsibility for actions and omissions of its employees and/or volunteers related to the operation of the
Adoption Center or Program. Such responsibility shall survive the expiration or termination of this Agreement.
4.3 Agency Partner employees must be at least 18 years old. Agency Partner volunteers must be at least 14 years
old, and Agency Partner volunteers under the age of 18 must be accompanied by and supervised by an adult at
all times. All Agency Partner employees and volunteers must maintain a clean, neat and professional
appearance at all times, and conduct themselves in a professional and courteous manner.
4.4 No Agency Partner employee's or volunteer's family members may be present at the Adoption Center during such
employee's or volunteer's shift unless such family member is also an employee or volunteer who is scheduled to
work or volunteer at the same time. No Agency Partner employee's or volunteer's personal pets may be present
at the Adoption Center during such employee's or volunteer's shift.
5. Further Agency Partner Restrictions and Obligations
5.1 None of Agency Partner, its employees, volunteers or agents, may, directly or indirectly:
(a) during the term of this Agreement, sell or advertise products or competitive services (such as grooming,
pet training, boarding and veterinary services) while in the Adoption Center or on PetSmart premises;
(b) during the term of this Agreement, interfere with the conduct of the business of PetSmart, Charities or any
tenant or occupant of the PetSmart store at any time;
(c) during or after the term of this Agreement, conduct any fundraising or directly solicit donations from
PetSmart customers while they are present at the Adoption Center or on PetSmart premises, provided
that Agency Partner may collect donations from the public and provide its own collection canister location
in the Adoption Center while the Agency Partner is performing adoptions at the Adoption Center. Agency
Partner must have any and all required registrations and permits to fundraise in the applicable jurisdiction.
Agency Partner may also distribute general literature about its organization and efforts unless the content
is otherwise prohibited by this Agreement;
(d) during or after the term of this Agreement, disparage (i) PetSmart, Charities, Banfield the Pet Hospital, or
any tenant or occupant of the PetSmart store; (ii) any PetSmart or Charities product, service, employee,
volunteer, or agent; or (iii) the activities or reputations of any other organizations participating in the
Charities Adoption Program.
5.2 Agency Partner shall reimburse Charities quarterly for actual expenses associated with operating the Adoption
Center as set forth on Schedule B. Charities will submit an invoice to Agency Partner in a format consistent with
Schedule B within 30 days of the close of each fiscal quarter detailing the actual operating expenses incurred
during the previous quarter. Agency Partner shall pay the amount invoiced within 30 of the invoice date.
5.3 Agency Partner shall maintain adequate Records (as defined below), with supporting documentation, relating to
the adoption of animals from Agency Partner pursuant to this Agreement. Charities may request, at any time
during the term of this Agreement, that Agency Partner produce a written report, in a form satisfactory to
Charities, detailing to date the progress of the Adoption Program contemplated under this Agreement, and
Agency Partner will submit such report to Charities no later than five (5) business days after the date of Charities'
request. At any time during the term of this Agreement, and for two (2) years thereafter, during reasonable
business hours and upon reasonable notice, Charities or its designated agent shall have the right to examine,
duplicate, and audit Agency Partner Is performance under this Agreement, operations and Records, and interview
associates and third parties, at an adequate location for such effort. The term "Records" shall include all
documents created or kept within the scope of this Agreement, in any form of media, with respect to any and all
matters relating to this Agreement. "Records" shall not include information in the municipal registry of dogs and
cats kept in accordance with section 826.0311 of the Texas Health and Safety Code that is considered to be
confidential under Texas law.
10138592 4.
5.4 Agency Partner will secure and maintain all permits, certifications and/or licenses required by law to conduct its
activities and obligations under this Agreement.
5.5 Agency Partner will maintain during the term of this Agreement a commercial general liability insurance policy with
limits for bodily injury and property damage of $1,000,000.00 per occurrence, with an aggregate limit of
$2,000,000.00, such policy to include coverage of claims by third parties against Agency Partner, PetSmart, and
Charities relating to (i) products liability and contractual liability; (ii) liability associated with the Adoption Center
and Program; and (iii) actions and omissions of Agency Partner's employees and/or volunteers acting under the
auspices of this Agreement. Agency Partner shall also maintain self-insurance reserves that are sufficient to
cover its liability exposure up to the caps established under Texas law with respect to any of the three -listed types
of claims by PetSmart, Charities, or both against Agency Partner. In addition, Agency Partner shall maintain self-
insurance reserves that are sufficient to cover its liability exposure arising from the operation, maintenance, or use
of automobiles and other motor vehicles owned and operated by Agency Partner up to the caps established under
Texas law. Agency Partner shall also bear sole responsibility and liability for maintaining workers' compensation
insurance or self-insurance, including coverage for occupational disease, in the benefit amounts required by
applicable Texas law. Nothing in this Section shall require Agency Partner to provide Workers' Compensation
coverage to anyone other than Agency Partner's employees. Any retention or deductible under such coverage
shall not exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00), the amount of retention or deductible
must be shown on the certificate of insurance, and any retention or deductible in excess of Seven Hundred and
Fifty Thousand Dollars ($750,000.00) must be approved by Charities in writing at its sole discretion. Agency
Partner shall be solely responsible for payment of any such retention or deductible in the event any claim is made
against PetSmart or Charities. Such insurance will be maintained with insurance companies authorized by law to
conduct business in the United States of America and Canada with the financial rating of at least A411 status, as
rated in the most recent edition of Best's Insurance Reports. The insurance policies will name Charities and
PetSmart, Inc. as an additional insured with respect to operation of the Adoption Center located in Store #187.
Agency Partner will provide to Charities a certificate of insurance or similar binder for each policy evidencing
compliance with this Agreement upon execution of this Agreement and on each anniversary thereafter. The
insurance policies and the certificates of insurance will provide that the insurance policies will not be canceled or
materially altered until at least thirty (30) days after Charities receives written notice from the insurer. Within ten
(10) days of written request from Charities, Agency Partner shall provide Charities with a complete and accurate
copy of any policy of insurance required by this Agreement and sent to Charities' Risk Management, Attn:
Insurance Certification, 19601 N. 27t" Avenue, Phoenix, AZ 85027. The insurance coverage provided for in this
Agreement will not act to limit Agency Partner's liability under this Agreement.
5.6 During and after the term of this Agreement, none of Agency Partner, its employees, volunteers or agents, will
use any trademarks or names, service marks, logos or other commercial or product designations of Charities or
PetSmart, including identifying or making reference to Charities or PetSmart in any advertising or other
promotional modality regardless of its form, in any case without Charities' or PetSmart's express prior written
consent. Agency Partner agrees that Charities may release information concerning this Agreement in such ways
as it deems appropriate, and Agency Partner authorizes Charities to use its name, logo and photographs or other
representations of Agency Partner's facilities and activities in such ways as Charities may deem appropriate
provided, however, that no such use shall disparage the Agency Partner or the City of Fort Worth. Agency
Partner agrees to use its best efforts to obtain for Charities the written release of any individuals (for themselves
and/or their animals) in such photographs or other representations in a form approved by Charities.
5.7 Agency Partner agrees and understands that attaining our mutual goal of finding homes for homeless animals
may mean that there might be more than one Agency Partner operating in the same PetSmart store or Adoption
Center.
6. Other Agreements and Understandings
6.1 Nothing within this Agreement shall be construed to create a legal partnership, joint venture, landlord -tenant or
employee -employer relationship between any of Charities and PetSmart, on the one hand, and the Adoption
Partner, its employees, volunteers or agents, on the other hand. The parties agree that Agency Partner is an
independent entity responsible for itself, its employees, volunteers, agents and animals at all times in accordance
with and subject to applicable limitations under Texas law and City of Fort Worth ordinances. Each party shall be
responsible for the acts and omissions of its respective officers, agents, servants, employees, and subcontractors.
This responsibility shall survive the expiration or earlier termination of this Agreement. The doctrine of respondeat
superior shall not apply as between Agency Partner/City of Fort Worth and PetSmart/Charities, or their respective
officers, agents, servants, employees, or subcontractors. It is expressly understood and agreed that no officer,
agent, servant, employee, or subcontractor of PetSmart or Charities is in the paid service of Agency Partner or
10138592 5
City of Fort Worth and that no officer, agent, servant, employee, or subcontractor of Agency Partner or City of Fort
Worth is in the paid service of PetSmart or Charities.
6.2 The term of this Agreement shall commence on the Effective Date and continue until the 2-year anniversary of the
Effective Date, unless terminated earlier in accordance with this Agreement. Charities may terminate this
Agreement at any time with or without cause following 30 days' written notice to Agency Partner, without any
further obligation or liability, provided however, that in the event that Charities, in its sole and absolute discretion,
believes that Agency Partner has breached any provision of this Agreement, Charities may immediately terminate
this Agreement. Agency Partner may terminate this Agreement at any time, with or without cause, following 90
days' advanced written notice to Charities, provided, however, that in the event no funds or insufficient funds are
appropriated by the Fort Worth City Council in any fiscal period for Agency Partner to meet its obligations
hereunder, Agency Partner will immediately. notify Charities of such occurrence, and this Agreement shall
terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to
Agency Partner of any kind whatsoever, except as to the obligations agreed upon herein for which funds shall
have been appropriated.
6.3 This Agreement (together with any attachments, exhibits or schedules) constitutes the entire agreement among
the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous, oral or written
representations and agreements between the parties. This Agreement may be amended only by a written
agreement signed by each party.
6.4 Unless otherwise provided in this Agreement, neither party may assign all or any part of its rights, privileges or
duties under this Agreement without the prior written consent of the other party. Any attempted assignment
without the other party's prior written approval shall be void and constitute a breach of this Agreement.
6.5 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise
any right herein conferred shall not be construed as a waiver or relinquishment to any extent of such party's right
to assert or rely on any such term or right on any future occasion.
6.6 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired.
6.7 The parties shall exercise their best efforts to meet their respective duties and obligations as set forth in this
Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other
causes beyond their reasonable control, including, but not limited to acts of God, acts of omission, fires, strikes,
lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation
problems, epidemics or public health crises, declaration of a state of disaster or emergency by the federal, state,
county, or city government in accordance with applicable law, and/or any other similar causes.
6.8 Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this
Agreement. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement
shall survive the expiration or termination of this Agreement.
6.9 This Agreement and the rights and obligations of the parties arising hereto shall be governed by and construed
under the laws of the State of Arizona without regard to any conflicts of law principles. However, parties
acknowledge and understand that actions and claims brought by third parties alleging liability in tort or damage to
property shall be governed by and construed under the laws of the State of Texas as situs of the Adoption Center.
In addition, the parties acknowledge that Agency Partner shall be afforded those governmental immunities
provided for under the laws of the State of Texas by virtue of being a political subdivision of the State of Texas.
This Agreement will be binding upon and inure to the benefit of the parties and each of their respective
successors and assigns designated in accordance with the requirements of Paragraph 6.4. Nothing in this
Agreement shall be construed to give any third party any legal or equitable right, remedy or claim under or with
respect to this Agreement, except that a permitted successor or assign shall be deemed a third -party beneficiary
of this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver of any immunity, affirmative
defense, or limitation on damages that may be asserted by Charities, PetSmart, or Agency Partner under either
Texas or Arizona law as to any claim of any third party.
6.10 In the event of any dispute under this Agreement, the prevailing parties will have the right to recover attorneys'
fees. If one or more provisions of this Agreement are held to be unenforceable under applicable laws by a court
of competent jurisdiction, those provisions must be limited or eliminated to the minimum extent necessary and
only in the applicable jurisdiction such that the balance of this Agreement remains enforceable and in full force
10138592 6
and effect. All representations, warranties, and obligations of Agency Partner in this Agreement shall survive after
the date of this Agreement. This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument.
6.11 Any notice required by this Agreement will be in writing and delivered to the addresses set forth under the party's
signature blocks below or at such other address as such party specifies in writing. Notices shall also be sent to
Provider either at the address in the first paragraph above or as otherwise specified herein. Notwithstanding the
foregoing, if the Provider does not identify an address herein, notices shall be deemed effective if sent to any
Provider's place of business. Notices will be deemed effectively given: (a) upon five (5) days after being sent by
certified or registered mail, postage prepaid, return receipt requested; (b) upon the next business day after being
sent overnight by a major U.S. overnight document courier; or (c) upon receipt of confirmation following
transmission via the internet, by electronic mail, or by a facsimile machine if received on a business day during
business hours (otherwise, deemed received the next business day) if followed by a hard copy sent by mail using
one of the delivery methods in (a) or (b) above.
Each of PetSmart Charities' and Agency Partner's signatures below indicates that such party has read,
understands, agrees to and will abide by the above terms and that the person signing on behalf of such party is
authorized to bind and sign for such party and agree to this Agreement on such party's behalf.
PetSmart Charities, Inc.
Signature:
Name (print):
Address for Notice
PetSmart Charities, Inc.
19601 North ZI Avenue
Phoenix, AZ 85027
Agency Partner: City of Fort Worth Animal Care &Control Agency
Signature: �
Name (print): L
Appr'Ovgd aj�to J
C�
orm and Legality:
Denis C.`:McElroy�
Assistant City Attorhey
Authorization: M&C
Address for Notice
Charles W. Daniels, Assistant City Manager
City of Fort Worth
1000 1 nrockmorton St.
Fort Worth, Texas 76102
Title: ����,��'��,u-� `fit y-�t�l�✓
Date:
Date:
Attest:
Marty Hendn�
City Secretary
�i"
Schedule A
Sample Quarterly Budget Report
Total Revenues
Total
Expenditures
Fiscal Year.
Fiscal Month.
Fund.
Budget Actual Difference
0.00 0.00
0.00 0.00
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Schedule B
PetSmart Charities Adoption Center Operating Budget
Supplies
Utilities, phone, etc.
Total Estimated Expenses
Quarterly Annual
$1,725 $6,900
1 250 $5,000
$2,975 $11,900
10138592 9
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City of "rt worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/9/2010
DATE: Tuesday, February 09,
2010
LOG NAME: 23PETSMART
REFERENCE NO.: C-24087
SUBJECT:
Authorize the Execution of a Contract with PetSmart Charities to Establish a City
Operated Shelter Animal Adoption Center Within a PetSmart Retail Outlet Store
Located at 4800 Southwest Loop 820 in Fort Worth (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with
PetSmart Charities to establish, rent-free, City operated shelter animal adoption center
within PetSmart, Inc., Store No. 187 located at 4800 Southwest Loop 820 in Fort
Worth,
DISCUSSION:
Each year the City of Fort Worth's animal shelter takes in approximately 4,500 dogs
and cats that are unclaimed, formally assessed for injury, illness, temperament and
deemed "adoptable." Despite effective partnerships with 20 to 30 animal rescue
groups as well as extensive promotion of shelter -pet adoption through web based pet
locators and other media outlets, the shelter is only able to adopt out approximately
2,000 of these adoptable animals annually.
In an effort to increase this adoption rate, the Code Compliance Department has
engaged in discussions with PetSmart, Inc., PetSmart Charities and a local private
donor group to establish a second animal adoption center from which to promote,
display and adopt out shelter animals.
These discussions have resulted in a proposed contract with PetSmart Charities to
establish ashelter-animal adoption center at the PetSmart retail outlet store located at
4800 Southwest Loop 820 in Fort Worth for an initial two year period. The contract
would provide rent free space totaling approximately 2,500 square feet, which would
be renovated and equipped, free of charge to the City, for animal adoption center
operations. The City would be responsible for staffing and operating the adoption
center program and paying for utilities, supplies and a high retention insurance policy
to cover the parties liability exposure. The proposed space would accommodate
approximately 25 animals.
The Code Compliance Department proposes using a combination of donations and
adoption related revenues to offset the costs of the program. While the City and
PetSmart have been working on details regarding use of the space, private donors have
been engaged in raising funds for the exclusive purpose of paying for this initiative.
Those efforts have thus far raised in excess of $72,000.00. Additionally, staff proposes
using revenues generated from adoptions under the current approved fee schedule,
which are projected to generate approximately $67,000.00 annually. The Contract also
calls for PetSmart to pay the City a per animal adoption reward of up to $15 for each
animal adopted, which is estimated to generate an additional $20,000.00 in annual
revenues. Staff recommends that these revenues also be invested back into the
program. If approved, it is anticipated that the donations and the earned revenues will
generate sufficient funding for this project to be self supporting during the two year
pilot program phase. Should expenditures outpace revenues, scheduling and staffing
adjustments within the Animal Care and Control program will be initiated to ensure
this initiative remains cost neutral with respect to the General Fund.
It is estimated that the City will adopt 1,300 animals annually from this location,
resulting in approximately 3.6 additional shelter animals being adopted every day of
the year. If successful to this extent, this program will undoubtedly serve as a model
for others throughout the country and also generate further discussions with PetSmart
specific to program expansion within other PetSmart locations in Fort Worth.
The proposed contract has been reviewed and approved by the Law Department and
the Risk Management Division of the Financial Management Services Department.
Staff will return at a later date for appropriation of funds to support this project.
The property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no
material effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6199)
Brandon Bennett (6322)
Brandon Bennett (6322)
ATTACHMENTS
No attachments found.
FORT WORTH
INTEROFFICE MEMO
TO: Scott Hanlan, Code Compliance Department
FROM: Allison Tidwell, City Secretary's Office
DATE: February 16, 2010
SUBJECT: CONTRACT TO ESTABLISH A CITY OPERATED SHELTER ANIMAL
ADOPTION CENTER WITHIN A PETSMART RETAIL OUTLET STORE
LOCATED AT 4800 SOUTHWEST LOOP 820 IN FORT WORTH
These documents are being forwarded to you for original signatures from PetSmart Charities, Inc.
All signed copies of the contract must be returned with original signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 3 sets