HomeMy WebLinkAboutContract 53139-R3 CSC No. 53139-R3
CITY OF FORT WORTH
REQUEST TO EXERCISE RENEWAL OPTION
October 14, 2020
PetHealth Services (USA) Inc.
Attn: Michelle Cole
3315 Alongonquin Road, Suite 450
Rolling Meadows, IL 600008
Re: Contract Renewal Notice
Bid No. 18-0045 (the"Contract")
Renewal Term No. 3: November 30, 2020 to November 29, 2021
The above referenced Contract with the City of Fort Worth expires on November 29, 2020
(the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the
City. This letter is to inform you that the City is requesting to renew the Contract for an additional
one (1) year period, which will begin immediately after the Expiration Date. All other terms and
conditions of the Contract remain unchanged.
Please return this signed acknowledgment letter, along with a copy of your current
insurance certificate to Code Purchasing(i�fortworthtexas.gov,acknowledging the receipt of
the Contract Renewal Notice. Failure to provide a signed acknowledgement does not affect
the renewal.
Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to insure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
Jessica Brown
817-392-7020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Contract Renewal Page 1 of 2
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
kl Ll. administration of this contract, including
By: Valerie Washington(Oct 20,202015S4CDT) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
By; ica Brown(Oct 20,202015:50 CDT)
APPROVAL RECOMMENDED: Name: Jessica Brown
Title: Code Compliance Superintendent
2� APPROVED AS TO FORM AND
By, ica Brown(Oct 20,202015:50 CDT) LEGALITY:
Name: Jessica Brown
Title: Code Compliance Superintendent
moo(pORT�a�
ATTEST: p,°°°° °°°'09�d By. ChristopherA stria(Oct20,202015:53CDT)
°-10
Name: Christopher Austria
Title: Assistant City Attorney
a�nEX
for Ronald P. Gonzales ASo4
By: for Ronald P.Gonzales(Oct 20,202016:40 CDT) CONTRACT AUTHORIZATION:
Name: Mary Kayser M&C: N/A
Title: City Secretary Date Approved: N/A
Form 1295 Certification No.:
PetHealth Services (USA)Inc.
By: Michelle Cole(Oct 20,2020 13:17 EDT)
Name: Michelle Cole
Title: Chief Marketing and Sales Officer
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Contract Renewal Page 2 of 2
FoRTWORTH,
CITY OF FORT WORTH 1 PURCHASING DIVISION
SOLE SOURCE NO. 18.0045
MICROCHIPS
BID CLOSING DATE: November 21,2017
For further Information contact: Cristlna Camarillo,Buyer
FAX(817)392-8440 cristine.camarill fortworthtexas. ov
INSTRUCTIONS TO BIDDERS
Bids are solicited for furnishing the merchandise,supplies,servlces and/or equipment set forth In this
solicitation. Completed Bids(one(1)executed original and one(1)copy)must be received In the
Purchasing Office by 1:30 P.M.,November 21,2017 and then publicly opened and read aloud at 2:00
P.M. in the Council Chambers.Bids must be returned in a seated envelope,addressed to the Purchasing
Manager,City of Fort Worth and have the bid number,closing date,and company name clearly marked
on the outside envelope. Bids should be mailed or hand delivered to the following address:
Purchasing Division,Lower Level, Municipal Building
200 Texas Street
Fort Worth,Texas 76102
Bids to be delivered by special courier(i.e.Federal Express, Special Delivery etc.)are to be marked"&10
MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M."In order to be considered,
Late bids will be returned;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 and conditions contained in the
specifications. The period for acceptance of this bid wilt be 90 calendar days after the bid opening date
unless the bidder submits a different date. ( days),
l have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation
to Bid requirements.Failure to complete the re nested information I w ma result in relection of our
bid. Principal Place of Business(Defined as at least having one permanent live business office and
em to ee located in Texas).
Company Name and Address Compe y's d A nt
Pelhealth Services(USA)Inc.
3316 Algonquin Road,Suite 450,Rol%ng Meadows,IL,60006 Slfinat a:
Federal ID Number(TIN)or 03-0509713 Name a e ped or Printed)
Social Security Number and Legal Jordana Ma s.VP of CllentSuccess
Company Name Pethealth services(USA)Inc. Date November 20.2017
Telephone Number 666.597-2424
Fax Number 666-368-7307 Email address:
Cooperative Purchasing: Should other Governmental Entities ed a to participate In this contract,
would yau,the Vendor,agree that all terms,conditions,specifications,and pricing would apply?
Yes X No
If you,the Vendor chocked"Yes",the following will apply: Governmental entities within Tarrant County
utilizing Inter-Governmental Contracts with the City of Fort Worth will 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 will be billed directly to that Governmental Entity
and paid by that Governmental Entity, The City of Fort Worth will not be responsible for another
Governmental Entity's debts, Each Governmental Entity will order Its own materiallservices as needed.
Jack Date,JD,CPPO
Purchasing Manager
Page 1 of 1
BID SOLICITATION
Printed:11/16/2017
BUYER:Cristlna Camarillo
PHONE#: (817)392-8355 ext.
DELIVERY REQUIRED:11l2V2017
Vendor Name: Pethealth Services(USA)Inc. City of Ft Worth
Address: Animal Control
3316 Algonquin Road,Sulte 450 4900 Martin$t
City,State Tip Code: Roling Meadows,IL 60008 Fort Worth TX 761119
L,
�) n
Item Class-Item Quantity Unit Unit Price Total
4.000 Sole Source Agreement with PETHEALTH SERVICES USA INC.,for
microchips In accordance with the specification attached.The term of the
Agreement shall be for a one-year(1)period,with four(4)options to
renew for additional one-year periods,
1,000 Standard Chips 12000 EA $3.85 $48,200.00
2.000 Mini Chips 4000 EA $5.50 $22,000.00
3.000 AFX-100 ScanFlex 10 EA $300.00 $3,000.00
T L• $71,200.00
WE AGREE TO FURNISH ANY OR ALL OF THE.ITEMS QUOTED A H C. S WN.QUOTE
MUST BE HELD FIRM FOR PERIOD OF 90 DAYS.
TERM OF PAYMENT: 30 Days COMPANY: Peth rVic nc.
DELIVERY: Ground SIGNATURE,.
TELEPHONE NUMBER: 866-597-2424 NAME AND TITLE: Jos an Matsos
Form W'9 Request for Taxpayer Give Form to the
requester.Do not
(Rev.December2oS4) Identification Number and Certifleatlon send to the IRS.
nlemalnRe+rencltrloe 3Tervalce�
1 home(as shown on your Income tax return).Name Is required on U49 line;do not leave thla line blank.
Pothealth Services(USA)Inc.
2 BusSness nemaldlsregafded entity name.it different from Dove
3 Check appropriate lox for federal tax classillcalfon;check only one of the following seven boxes: 4 Examptions{Dodos apply only to
certain entitles,not Individuals;sea
❑IndlNduaftle proprietor or 0 C CorporMlon ❑S CorporBtton (I Partnership ❑TrusVesteto hatnratlons on page 31:
single-member LLC Exempt payee code Of any)
❑UmitedllabiNlycompany.Enterthetaxclasslfloallon(C=Ccorporation,S=3corporatlon,P=partnersNp}► ExempllonlromFATCAreparting
Note.For a slrrgle-member LLC that Is disregarded,do not check LLC;check the appropriate boxkt the Ilea atsove for Exam{If arty)
the tax dassllleation o1 the single-member owner.
ri ❑Cther(sea lnstnrctbns)► {lpprrrm,�ea.we m.w�rre•wrw rh,
u ueatar's name and address(optlonal)
6 Address(number,slreat,and Bill,or state no.)
3315 E.Algonquin Road,Suite 450
e City,state,and ZIP code
Rolling Meadows,IL 60008
7 List account number(s)here(optlonal)
• Taxpayer Identification Number IN
Enter yourTIN In the appropriate box.Tha TIN provided must match the name given on line 1 to avoid social security number
backup withholding,For Individuals,this Is generally your social security number(SSN).However,for a ^m -
res!dent alien,solo proprietor,or disregarded entity,see the Part I Instructions on page 3.For other
entitles,It Is your employer Ideni leatlon number(EIN).if you do not have a number,see How to get a
TiN on page 3. or
Note.If the account Is in more than one name,see the Inslructiom for Ilne 1 and the chart on page 4 for I Employer Idenilikatlon number
guldeltnsa on whose number to enter. 0 3 - 0 1 5 1 0 1 9 1 7 1 1 3
CertHlcation
Under penalties of penury,)certify that:
1. The number shown on this form Is my correct taxpayer Identlllcation number(or I am walling for a number to be Issued to me);and
2. 1 am not subject to backup withholding beoause:(a)I am exempt from backup withholding,or(b)I have not been notllled by the Internal Revenue
Service(IRS)that I am subject to backup wilhholding as a result of a fallure to report all Interest or dfvldends,or(a)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citlzen or other U,S,person(defined below};and
4.The FATCA code(s)entered on this form Of any)Indicating that I am exempt from FATCA reporting Is correct.
Certification instruottons,You must cross out Item 2 above It you have been notified by the IRS that you are currently subject to backup withholding
because you have lailad to report all Interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgageand
Interest paid,acqulsitlon or abandonment of secured property,cancellallon of debt,contributions to an individual retlrement arrangement
generally,payments other than Interest and dividends,you are not requited to sign the certi(k;atlon,but you must provide your correct TIN.See the
Instructions on page 3,
Sign signature of January 2017
Here U.S.person► Date
General Instructions +Form t099(home mortgage lMeresQ,109a-E(student beninterest),ID99-T
(tuhlonl
Section references are to the Internal Revenue Code unless otherwise noted. .Form 1099•0(cencoied debt)
Future development,.Information about developments affecting Form W-9(such .Form 1099 A(soqulsllionor abandonmenl of secured property)
as legislation enacted after we release It)is at www.frs.gov/hv9- Use Form W-9 ortly I1 you are a U.B.person(Including a resident allen),to
Purpose of Form provlde your correct TK
An Individual or entity(Form W-9 requester)who is required to role an information d you do not refum form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer Identification number(TIN to backup wiNholft.$ee What Is backup withhofding?on page 2.
which may be your social security number(SSN).IrxHvldual taxpayer Identlftcallon By signing the filed-out form,you:
number(ITIN),adoption taxpayer kienBHcation number(ATIN),or employer 1.Comity that the Tilt you are giving is correct(or you are wallktg fora number
tin Idencatlon number(EIN),to report on an Information return the amount paid to to be Issued),
you,or other amount reportable on an information return.Examples of Information 2 C"ty that you are not subjeotto backup withhotding,or
returns Include,but are not united to,the foibwing:
+Form IM-INT gnteresi earned or paid) 3.Cialle exemption kombackup atlhh a U S If you are o r 8.al exempt payee.If
•Form iM-DN dhrldends,Including those Irom stocks or mutual funds any nele,You are also from
a U.S.yingShea as a U.S.parson,your ubcable share of
( n9 ) gray ppa�rtttnsfshlp Income from a U. Gads or business Is not subject to the
+Form 1099-MISC(various types of tneema,prizes,awards,or gross proceeds) Wthltolding tax on foreign parinera'ahare of elfootively connected Incomo,and
•Form 1099-B(stock or mutual Lund sales and certain other transactions by 4.Certliy that FATCAcode{a)entered on thle.form Of any)Indicating that you are
exempt from the FATCAreporting.Is correct,Soo 1Nhaf Is FATCA reporting?on
brokers)
•Form 1099-S(proceeds from real estate transactions) pegs 2 for further Information.
•Form 1o99-K(merchant card and third party network trensacttone)
Cal.No.10231X Form w-g(May,12.2014)
SPECIFICATIONS FOR MICROCHIPS
1.0 SCOPE
1.1 The City of Fort Worth(City)seeks bids from qualified bidders to provide pet identification
microchips(24Pet watch)for the Code Compliance Department.
1.2 The term of the Agreement shall be for a one-year(1)period, with four(4)options to
renew for additional one-year periods. However, if funds are not appropriated, the City
may cancel the agreement 30 calendar days after providing written notification to the
successful bidder, known hereafter as"Vendor."
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 delivery. No additional charges will be accepted or paid by the City.
2.0 MICROCHIPS
2.1 All items shall be new and unused and suited for its intended purpose.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Contractors shall notify the 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 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 LAWS, REGULATIONS, AND ORDINANCES
4.1 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 Safely 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.
5.0 INVOICING REQUIREMENTS
5.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Vendor to get the name of the responsible person, telephone
numbers and address of the department's division at the time the service is requested.
ITB No. 18-0045, Microchips
Page 3 of 16
5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the
Vendor's name, number and federal tax identification number,invoice number, address,
date, service or item description, unit price, extended cost,and City issued purchase
order number. Incomplete or inaccurate invoices may result in delayed payments, as they
shall be returned to the Vendor for correction and re-submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during
the renewal period but before the effective date of the renewal upon written request from
the Contractor.
6.2 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.
6.3 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.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associated freight and delivery costs.
6.5 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.
6.6 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.
6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior
written notice to the Purchasing Manager.
7.0 QUANTITIES-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.
8.0 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 Contractor's
obligation with respect to such performance shall continue in full force and effect.
9.0 COMPLAINTS-Complaints processed through the City Purchasing Division are to be corrected
within fourteen (14)days of format notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)calendar day
time period may result in the cancellation of the applicable line item(s)in the price agreement.
10.0 QUESTIONS—Questions,explanations or clarifications desired by a bidder regarding any part of
the bid must be requested in writing from the Purchasing Division not less than five(5)business
days before the closing. Interpretations,corrections or changes to the bid made in any other
manner are not binding upon the City, and bidder shall not rely on such interpretations,
corrections or changes.Oral explanations or instructions given before the award of the
Agreement are not binding. Requests can be send to the following;
ITB No. 18-0045, Microchips
Page 4 of 16
12.1 Cristina Camarillo, Buyer, Cristina.camarillo@fortworthtexas.goy
12.2 City of Fort Worth Purchasing Division
Attention: Cristina Camarillo, ITB No. 18-0045
200 Texas Street
Fort Worth, Texas 76102
12.3 Facsimile:(817)392-8440,Attention: Cristina Camarillo
ITB No. 18-0045,Microchips
Page 5 of 16
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and
subvendors who act on behalf of various City departments, bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the"City")may be requested by a member of
the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c)(West Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to the
Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or the AG rejects the
arguments Seller makes, Seller's information will be released without penally to the City.
4.0 PROHIBITION AGAINST PERSONAL. INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section
16, City of Fort Worth Charter)
5.0 ORDERS
5.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer. The only exceptions are
Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.2 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer may
result in rejection of delivery, return of goods at the Seller's cost and/or non-payment.
6.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container,shall be clearly and permanently marked as follows: (a)Seller's name and address: (b)
Consignee's name,address and purchase order or purchase change order number; (c)Container
number and total number of containers, e.g., box 1 of 4 boxes;and (d)Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
ITB No. 18-0045, Microchips
Page 6 of 16
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the
quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order,
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.0 INVOICES
12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.0 PRICE WARRANTY
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this
warranty, the prices of the items shall be reduced to the prices contained in Seller's
proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel
this contract without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which Buyer may have
in law or equity.
13.2 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or
selling agency that is maintained by Seller for the purpose of securing business. For
breach or violation of this warranty, Buyer shall have the right, in addition to any other
right or rights arising pursuant to said purchase(s), to cancel this contract without liability
and to deduct from the contract price such commission percentage, brokerage or
contingent fee, or otherwise to recover the full amount thereof.
ITB No, 18-0045, Microchips
Page 7 of 16
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s)furnished by Seller, if any. In the event of a conflict between Buyer's specifications,
drawings, and descriptions, Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safely and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller; however Buyer may make copies of the software expressly for backup purposes.
17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, Including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a "Deliverable" and collectively as the "Deliverables,")
do not Infringe upon or violate any patent, copyrights, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights, in the performance of services under this Agreement.
17.2 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the servlces, or the City's continued use of the
Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
Including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable($), or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend,settle or pay shall not apply If the City modifies or
misuses the Deliverablo(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all
such settlement, negotiations, or lawsuit as necessary to protect the City's
interest, and City agrees to cooperate with SELLER 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 the City for infringement arising
ITB No. 18-0045, Microchips
Page 8 of 16
under this Agreement, the City shall have the sole right to conduct the defense of
any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, SELLER shall fully participate
and cooperate with the City in defense of such claim or action. City agrees to give
SELLER timely written notice of any such claim or action,with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, the City's
assumption of payment of costs or expenses shall not eliminate SELLER's duty to
indemnify the City under this Agreement. if the Deliverable(s), 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,
SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s)
to make themlit non-infringing, provided that such modification does not materially
adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent non-
Infringing Deliverables) at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to SELLER, terminate this
Agreement, and refund all amounts paid to SELLER by the City, subsequent to
which termination City may seek any and all remedies available to City under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas,
processes,methods, programs, and manuals that were developed,prepared,conceived, made or
suggested by the Seller for the City pursuant to a Work Order,including all such developments as
are originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To
the extent that the Work Product, under applicable law, may not be considered work(s) made for
hire, Seller hereby agrees that this Agreement effectively transfers,grants, conveys, and assigns
exclusively to Buyer, all rights,title and ownership interests, including copyright,which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product, Seller for itself and on behalf of
its vendors hereby waives any property interest in such Work Product,
19.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the "Network"). If
Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet,email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior to
providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of
Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer,with or without cause, at any time upon the delivery to Seller of a written "Notice of
Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
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22.0 ASSIGNMENT 1 DELEGATION
No Interest,obligation or right of Seller, including the right to receive payment,under this contract
shall be assigned or delegated to another entity without the express written consent of Buyer.
Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller
agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by
Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights,
interests,or obligations to another entity. The documents that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to
any entity other than Seller, if Seller is not in compliance with this provision. If Seller falls to
provide necessary information in accordance with this section, Buyer shall not be liable for any
penalties,fees or interest resulting therefrom.
23.0 WAIVER
No claim or right arlsing out of a breach of this contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with
any applicable bid documents published by the Buyer and Seller's Response to such bid (the
"contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be
relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents,the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published bid documents and the Seller's
response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not
apply.
26.0 APPLICABLE LAW i VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code"or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed,construed and enforced under the laws of the State of Texas.
27.0 INDEPENDENT VENDOR
Seller shall operate hereunder as an Independent vendor and not as an officer, agent, servant or
employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the
details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its
officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as
creating a partnership or joint enterprise between Buyer and Seller, its officers, agents,
employees, vendors and subvendors.
ITB No. 18-0045,Microchips
Page 10 of 16
28.0 LIABILITY AND INDEMNIFICATION.
28.1 LIABILITY - SELLER SHALL 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 SELLER, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS
BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY
RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTORS,SERVANTS OR EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid,illegal or unenforceable provision had never been contained herein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available,
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3)
business days following the day such notice is deposited in the United States mail, in a sealed
envelope with sufficient postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to bid. Or if sent via express courier or hand delivery, notice is
considered received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
vendors or subvendors, have fully complied with all provisions of same and that no employee,
participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according
to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subvendors herein.
ITB No. 18-0045, Microchips
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33.0 IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination, Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has compiled with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
34.0 HEALTH,SAFETY,AND ENVIRONMENTAL REQUIREMENT'S
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms andlor conditions
of employment for applicants for employment with, or employees of Seller or any of Its subvendors.
Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and
local laws concerning disability and will defend, indemnify and hold Buyer harmless against any
claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's
andlor its subvendor's alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
ITB No. 18-0045, Microchips
Page 12 of 16
37.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations,services rendered or any warranty that arises under this Agreement,the parties shall first
attempt to resolve the matter through this dispute resolution process.The disputing party shall notify
the other party in writing as soon as practicable after discovering the claim, dispute,or breach.The
notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business clays of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim,dispute, breach or other matter in question that may arise out of,or In connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute,then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect.If the parties cannot resolve the dispute through mediation,then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City Is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract, Seller certifies that Seller's signature provides
written verification to the City that Seller: (1)does not boycott Israel;and(2)will not boycott Israel
during the term of the contract.
Revised August 31,2017
ITB No. 18-0045, Microchips
Page 13 of 16
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 Form CIO("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 a potential Agreement with the City. Updated Questionnaires must be filed in conformance with
Chapter 176.
A copy of the Questionnaire Form CIO is enclosed with the submittal documents.The form is also
available at htt ;liwww,ethics.state.tx.us/forms/Cl df.
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, use NIA in each of the areas on the form. However,a signature is required in
the#4 box in all cases.
ITB No. 18-0045, Microchips
Page 14 of 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session, OFFICEUSEONLY
This questionnaire Is being filed In accordance with Chapter 176,Local Government Code,by a vendor who pate Received
has a buslness relationship as detlned by Section 176.001(l-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be Tiled with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. Sea Section 176.008(a•1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.008,Local Government Code,An
offense under this section is a misdemeanor.
!J Name of vendor who has a business relationship with local governmental entity.
Pethealth Services(USA)Inc.
2
Check this box If you are filing an update to a previously filed questionnaire:(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on whlch
you became aware that the originally filed questionnaire was Incomplete or Inaccurate.)
3 Name of local government officer about whom the Information is being disclosed,
NIA
Name of Officer
4 Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the kcal government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this.form
CIO as necessary.
NIA
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income,
other than Investment Income,from the vendor?
0 Yes El No
B. Is the vendor receiving or likely to receive taxable Income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable Income Is not received from the
local governmental entity?
Yes No
S 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 interest of one percent or more.
NIA
6
Check ls�b x i he ven r has given the local government officer or a family member of the officer one or more gills
❑ as d cri8 Sectl 6.003(a)(2)(B),excluding gifts described in Section 176.003(a-1).
7
November 20,2017
Signal nd r Pr business with the governmental entity Dale
Form provided by Texas E hlc ommisslon wwmethics.state.ix.us Revised 11/30/2016
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http:llwww.statutes.logis,slateAx.us/
DocsILGIhtmILG,176,him, For easy reference,below are some of the sections cited on this form,
Local Government Code§176.001 1-a :'Business relationship"means aconnection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that Is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or focal governmental entity;
(0) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that Is subject to regular examination by,and reporting to,that agency,
Local Government Code A 176.003 a 2 A and Id :
(a) A local government off€cor shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(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 investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(€) a contract between the local governmental entity and vendor has been executed;
or
(€€) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
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
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006 a and a-1
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with alocal governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 1176.003(a)(2)(A);
(2) has given a focal government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
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,deseflbod by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a iamily relationship with a local government officer.
Form provided by Texas Ethlcs Commisslon www,ethics,stata,tx,us Revised 11I3012M
FoRTWORTH.
ATTACHMENT B—VENDOR CONTACT INFORMATION
Vendor's Name: Pethealth Services USA Inc.
Vendor's Local Address: 3315 Algonquin Road, Suite 460, Rolling Meadows, IL 60008
Phone: 866-597-2424 Fax: 866-368-7387
Email; microchips@pethealthinc.com
Name of persons to contact when requesting services or billing questions:
NamelTitle Sofia Rodriguez-Senior Director Client Services
Phone: 480-23B-3237 Fax:
Email: sofia.rodriguez@pethealthinc.com _
NamelTitle Billing Department
Phone: 866-597-2424 Fax: 905-842-3522
Email: accountsreceivable@pethealthlno,eom
NamelTitle Purchasing Product
Phone: 8 6-597-2424 Fax:
Email. m cr chips@nathealthinc.com
Jordana Matsos November 20,2017
ign ur Printed blame Date
ITt3 No. 18.0045,Microchips
Page 16 of 16
•00
0' RO BOX 2150
BUFFALO,NY 14240-2150
24NtWatc a TEL,1,866.597,2424
PET PROTECTION.ANYWHERE.ANY TIME. www.24PetWatch.com
February 25, 2019
Sarah Czechowicz J Buyer—Purchasing Department
City of Fort Worth
200 Texas Street,
Fort Worth,TX 75149
RE: Sole Source Procurement for 24PetWatch® Microchips
To Whom it May Concern,
Further to your email of February 18, 2019; requesting a sole source procurement, please accept this letter as a "Sole
Source Procurement" for 24PetWatch° Microchips. We believe our microchips qualify it as the only product that meets
the following specifications and services:
• 15 gauge needle.
• 24PetWatch MiniChip- 1/3 the size of a standard microchip.
• Ready to inject-syringe comes preloaded.
• Audible click lets you know when chip is implanted.
• Removable security ring prevents accidental chip loss.
• Coated in Parylene C to help prevent rejection and speed up the tissue bonding process.
• ISO Compatible Microchip (FDX-B)-24PetWatch microchips are compliant with ISO 11784/11785/11607/11135.
• 24PetWatch microchips are offered at a discounted rate to all cities, municipal shelters and non-profits using
PetPoint.
• Microchips manufactured by the World Leader in animal identification with exceptional quality and meeting all
ISO standards.
• Exclusive 24PetWatch tChip which provides the ability to read the microchip temperature implanted in dog or
cat and provides identification and temperature reading in one.
The 24PetWatch Microchip is bundled with the following products and services from Pethealth Services (USA) Inc.to
provide a seamless solution to animal shelters. Pethealth Services (USA) Inc. is the sole source for 24PetWatch
Microchips, PetPoint Software and 24PetWatch Pet Insurance.
• Adoptable animals and lost/found records are uploaded in real time to our adoptable pet search platform and to
the city website
• Automated Microchip Registration: PetPoint automatically registers 24PetWatch microchips with no additional
data entry or fees.There is no requirement for the adopter or owner to register the chip after adoption or public
chipping service, ensuring that all microchipped animals are registered to the owner at the time of adoption or
implantation.
• PetPoint is a web-based,full-featured animal management software at can be no cost to your organization.
• Use of the PetPoint application, hosting and maintenance provided at no cost to your organization.
• On-going user support and continued training can be done both on-site and on-line provided.
24PetWatch®,24PetWatch&[design and related words and logos are trademarks and the property of Pethealth Services (USA) Inc.
Q• P.O BOX 2150
BUFF24r fttWatch0 T U 1A866 547 2424 LO,NY 21 5Q
PET PROTECTION,ANYWHERE.ANY TIME. www.24PetWatch.com
• The only animal management software that offers automated owner registration of all 24PetWatch microchips
provided at no cost.
• Pet Insurance Trial:A 30-bay trial of 24PetWatch Pet Insurance is available to adopters.
• Your dedicated Client Services representative is available for staff training regarding 24PetWatch microchips,the
Trial of Insurance and serves as your direct support for Pethealth products and services at no cost to your
organization.
We believe this unique offer of products and services meets the condition necessary to have this project awarded a sole
source contract to the undersigned.We appreciate your consideration and look forward to your response.
Sincerely,
PETHEALTH SERVICES(USA) INC.
Michelle Cole
24PetWatch@,24PetWatch & Design and related words and logos are trademarks and the property of Pethealth Services (USA) Inc.
FORTWORTH.
Purchasing Division
City of Fort worth
SOLE SOURCE PROCUREMENT JUSTIFICATION
Purpose
This form must accompany all sole source purchase requests for equipment, construction, supplies or
services when the purchase is for more than$3,000.00. This form is not needed when the purchase is for a
professional services contract. The purpose of the sole source procurement justification is to demonstrate
that the competitive process is not required because only one product or service can meet the specific need
of the City of Fort Worth C'City"). A sole source procurement may not be used to circumvent the City's
normal purchasing procedures or for a price-based justification. Acceptance of the sole source procurement
justification is at the discretion of the Purchasing Division Manager or his designee.
Certification
My signature below certifies that I am aware that state and federal procurement statutes and regulations
require that procurements of a certain amount made by government entities must be competitively bid
unless the purchase qualifies as an exemption to the competitive bidding requirements. I am requesting this
sole source procurement based on the information provided in the Justification section below. The
information is complete,accurate and based on my professional judgment and investigations. I also certify
that this purchase will not violate Section 2-238 of the City's Ethics Code.
Requesting Department: Animal Care and Control
Requested by[printed name]: Alan C. avis,Superinte dent s
Signature: 3&/-[" &-,�
Recommended by[printed name]: PC •- J
Department Director
I
Signature:
Telephone number: �1T) Z ��
Date: 10/12/2017
Sole Source Procurement Justification
Page 1 of 4 Rev. 12/2014
Justification
1. Describe the product(s) or service(s) your department wishes to purchase — provide vendor name,
manufacturer,model number and/or generic description identifying the item(s)or service(s).
Pethealth Inc_USA maker of Pet identification Microchips(24Pet watch)Pet adoption insurance(shelter
care ) and animal tracking software to use with the microchips all provided by Pethealth Inc. USA. We
currently have a contract with Pethealth services, Inc. that provides those services. Estimated usage is
13,000 microchips a year
2. Purpose—provide a brief description of why the product(s)or service(s)is required.
Every dog and cat impounded at Animal Care and Control is required to be microchipped on intake. The
microchip is a permanent identification system that helps the shelter identify animals in the shelter without
error.
3. Describe your efforts to identify other vendors — trade shows, internet search, vendor catalogues.
Provide product and contact infonmation for other products,set-vices and vendors evaluated. (A quote
is not required,simply enough information to show the availability/non-availability of other sources.)
No other vendors such as Midwest Veterinarian supply or Merck Animal Health,sells microchips,nor do
they provide shelter software insurance package for our adopted animals.
4. Justification: I
a. Identify the reason(s) why other vendors, products, or services competing in this market do not
meet the City's needs or specifications:
_X_ The product(s)or service(s)is available from only one source because of patents,copyrights,
secret processes,or natural monopolies.
The product(s) is a captive replacement part(s)or component(s)for existing equipment.
The dollar value of the existing equipment is approximately$
Sole Source Procurement Justification
Page 2 of 4 Rev. 12/2014
Use of other than Original Equipment Manufacturer parts jeopardizes the warranty or may
result in equipment not functioning to the level of factory specifications.
Authorized factory service is available from only one source.
Maintenance for the existing product is only available from one source.
b. Attach justification letter from the manufacturer or originator of the product or service.
5. Will this purchase limit the ability of other vendors to compete on future purchases for supplies,
upgrades,or replacements? If so,how? NO
5. Will this purchase obligate the City to future purchases,for example,maintenance or licenses)?If so,
what future purchases will be required?
NO
7. What wil l happen if the City does not purchase the requested product(s)or service(s)from this vendor?
All impounded animals would not have a required microchip as required for shelter identification.
Animal Care and Control received more than 13,000 dogs and cats each year or an average of(50)
dogs and cats each day. Our daily inventory would be seriously placed at risk without Pethealth
Inc. microchip identification system.
Purchasing Division Comments:
Uses
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Buyer/Senior Buyer/Supervisor: � Date: tl (-7 1
Approval
Sole Source Procurement Justification
Page 3 of 4 Rev. 12/2014
P �
PURCHASING DIVISION:
Sole Source Procurement approved: Yes No
Signature of Purchasing Division Manager:
Printed Name:
Date: J I z 1
i
Sole Source Procurement Justification
.Page 4 of 4 Rev. 12/2014
Pethealth
A r,VRF,',X CwnW.y
October 10,2017
To: Fort Worth Animal Care&Control
Attention: Mr.Alan Davis
4900 Martin Street, Fort Worth, TX 76119
Alan,Davis C@fortworthtexas.gov
RE: Microchip Reader Pricing
Dear Mr. Davis:
Per your request,we can provide and confirm the following universal microchip reader pricing for Fort Worth Animal Care&
Control:
The ScanFlex AFX-100 is specially designed for animal shelters and veterinary clinics, and is capable of reading companion
animal microchips including the 24PetWatch Tchip,
Features Include:
• One-year warranty on parts and labor.
• Reads ISO HDX, FDX-B, FDX-A(DestronlFECAVA),AVID and Trovan microchips.
• Unique"press and release"button eliminates the need to hold the button during scanning. User chooses if it vibrates or
beeps when chip is found.
• Enhanced Memory&Bluetooth®Capabilities—Capable of storing up to 2,000 unique microchip IDs,each scanner is
associated with a time/date stamp,which can be transmitted to a computer via a USB interface or wireless Bluetooth
connection.
• Reduced Sensitivity to Tag Orientation.Equipped with a dual element omni-directional antenna,it can easily read
microchips regardless of implant orientation,thereby decreasing detection time and the chance of a misread.
• Reads and displays numbers on AVID-encrypted microchips
• Rechargeable battery provides up to 15 hours of use with 3 hour charge time
Your cost for each reader is$300.
Recently you have also ordered the AFX-100 Neoprene cover.These covers increase the durability of the readers when placed
on your AFX-100 ScanFlex.
Your cVClient
e cover is$29.99.
Pleaseis anything else you require.
Kin
JordanVice Pvices