HomeMy WebLinkAboutContract 55302 CSC No. 55302
FORT WORTH.
SOLE SOURCE SERVICES AGREEMENT
Greyhound Lines Inc.,DBA Greyhound Package Express
This Sole Source Services Agreement ("Agreement") is made and entered into by and between
the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through
its duly authorized Assistant City Manager, and GREYHOUND LINES INC., DBA GREYHOUND
PACKAGE EXPRESS ("Vendor"), a Corporation and acting by and through its duly authorized
representative,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Sole Source Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;
4. Exhibit C—Chapter 252 Exemption
5. Exhibit D—Conflict of Interest Questionnaire
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. Scope of Services. Vendor will deliver specimens provided to them by the City to the
Texas Department of State Health Services in Austin, Texas, for rabies testing("Services"),which are set
forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes..
2. Term. This Agreement begins on February 10, 2021 ("Effective Date") and expires on
December 26, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). City will have the option, in its sole discretion,to renew this Agreement under the same
terms and conditions,for up to Four(_4_)one-year renewal option(s)(each a"Renewal Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Fifty Thousand Dollars ($50,000.00). Vendor will
not perform any additional services or bill for expenses incurred for City not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City will not be liable
for any additional expenses of Vendor not specified by this Agreement unless City first approves such
expenses in writing.
3.1 Invoice. Vendor agrees to submit invoices for Services delivered in the previous
week.Each invoice must contain the following information on the original invoice:
OFFICIAL RECORD
Sole Source Services Agreement CITY SECRETARY
Greyhound Lines Inc,
FT. WORTH, TX
• Vendor Name and Address must match the remit to Vendor Name and
Address in the City of Fort Worth's PeopleSoft system. It is the Vendors
responsibly to keep the information accurate and up to date.
• City Department Business Unit number FW023
• Complete City of Fort Worth Purchase Order number (e.g FW023-
0000012345). Include all preceding zeros. It is the Vendors responsibility to
request and obtain the Purchase Order number when each service is requested.
• Invoice Number for each invoice submitted.Vendor must create a unique and
new invoice number for each invoice submitted.
• Invoice Date.
Vendor will submit all invoices to Code_Purchasing(a,fortworthtexas.gov. Failure to
submit invoices with all required information may delay processing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
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and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Rieht to Audit. Vendor agrees that City will,until the expiration of three(3)years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself,and any of its officers,agents, servants, employees,contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
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VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANY%IND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
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Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Greyhound Package Express
Attn: Assistant City Manager Attn: Tom Paonessa,National Account Manager
200 Texas Street 205 S.Lamar St
Fort Worth,TX 76102-6314 Dallas,TX 75202
Facsimile: (817)392-8654 Facsimile: 214-853-5700
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
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17. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments /Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either(a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immieration Nationality Act. Vendor must verify the identity and employment eligibility
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of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published, displayed, or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent, trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. Sienature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Chanee in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
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30. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
31. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
UA/B!'i8 WAShina-ton responsible for the monitoring and administration of
By.
Valerie Washington(Feb 1 ,2021 11:04 CST) this contract,including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
T�� h`iLG2�
By: Tony h er(Feb 9,2021 17:19 CST)
APPROVAL RECOMMENDED: Name: Tony Hiller
Title: Code Compliance Superintendent
T If APPROVED AS TO FORM AND LEGALITY:
By: Tony fter(Feb 9,2021 17:19 CST)
Name: Tony Hiller
Title: Code Compliance Superintendent
oaf°FOR)- By: Christopher A stria(Feb 10,202113:48 CST)
ATTEST: A�o°°o0000 0°°o,O Name: Christopher Austria
ova o=d Title: Assistant City Attorney
0
s
a
By: a�pEXASoa CONTRACT AUTHORIZATION:
nnan�4 M&C: 24089 03-2020 (March 19, 2020) and
Name: Mary Kayser 24161-04-2020(April 7,2020)
Title: City Secretary Form 1295• N/A
VENDOR:
Greyhound Lines, Inc., DBA Greyhound
Package Express
0a.��
By:
Tom Paonessa(Feb 9,2021 16:34 CST)
Name: Tom Paonessa
Title: National Account Manager
OFFICIAL RECORD
Sole Source Services Agreement CITY SECRETARY
Greyhound Lines Inc,
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1.1. The Animal Control Services Division, requires specimens be delivered same day to the
Texas Department of State Health Services in Austin, Texas, for rabies testing.
1.2. Specimens shall be delivered by a reliable carrier to the Texas Department of State Health
Services(DSHS)Central Complex located at 1100 West 49th Street,Austin, Texas 78756
1.3. Specimens shall be picked up and delivered to DSHS on the same day.
1.4. Specimens shall be delivered to the laboratory specimen receiving department located on
the north side of the seven-story brick building to dock with signage designating
"Laboratory Specimen Receiving".
1.5. Specimens being delivered directly to the DSHS Central Complex shall be delivered
during regular business hours Monday thru Friday (8:00 a.m. — 5:00 p.m.). After hours
receipt of samples is currently not available.
1.6. A Shipping receipt shall be provided to the shipper at the time of pickup.
1.7. Specimens shall remain closed during shipping to preserve the integrity of the specimen
for testing purposes.
1.8. Seller shall comply with all with all state and federal regulations for shipping of biological
substances.
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EXHIBIT B
PRICE SCHEDULE
SERVICE PRICE
Express Charge Per Rabies Specimen 36.00 or the standard shipment weight rate
Shipment whichever is less.
Fuel Service Charge Per Shipment 6-9%variable fee
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EXHIBIT C
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
This form must be provided when requesting to make a purchase over$50,000 without following public bidding
requirements.
Instructions:Fill out the entire form with detailed information.Once you have completed this form,provide it to
the Purchasing attorney for review.The attorney will review the information you have provided and determine
whether using an exemption to Chapter 252's biding requirements would be defensible.If you are printing this
form to provide to Legal,please do not provide the Primer portion. Failure to provide sufficient information may
result in follow up questions and cause a delay in the attorney's determination.
Section 1:General Information
Requesting Department: Code Compliance
Name of Contract Manager: Tones
Department's Attorney: Chris Austria
Item or Service sought: rabies head shipment
Vendor: Greyhound
Current Agreement for item/service:Yes X_No
CSC#: 36477
How will this item or service be used:We will use their services to ship rabies specimens to the State Rabies Lab
in Austin,TX.
Section 2:Exemption Justification
Please indicate which exemption you believe applies to the purchase and provide information to support its
applicability.Please refer to the Exemption Primer for detailed information about common exemptions.
a procurement made because of a public calamity that requires the immediate appropriation of money to
relieve the necessity of the municipality's residents or to preserve the property of the municipality;
a procurement necessary to preserve or protect the public health or safety of the municipality's residents;
a procurement necessary because of unforeseen damage to public machinery,equipment,or other property;
a procurement for personal,professional,or planning services;
a procurement for work that is performed and paid for by the day as the work progresses;
a purchase of land or a right-of-way;
_x a procurement of items that are available from only one source,including:
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a purchase of rare books,papers,and other library materials for a public library;_paving drainage,
street widening,and other public improvements,or related matters,if at least one-third of the cost is to be paid by
or through special assessments levied on property that will benefit from the improvements;
a public improvement project,already in progress,authorized by the voters of the municipality,for which
there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by
the voters;
a payment under a contract by which a developer participates in the construction of a public improvement as
provided by Subchapter C,Chapter 212;_personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in compliance with Subchapter F,Chapter 17,Business&
Commerce Code;
(C)by a political subdivision of this state,a state agency of this state,or an entity of the federal
government;or
(D)under an interlocal contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391;
services performed by blind or severely disabled persons;
goods purchased by a municipality for subsequent retail sale by the municipality; electricity;or
advertising,other than legal notices.
Please provide details and facts to explain whyyou believe the exemption applies to the purchase.You maw
attach documentation to this form.
This contract is with Greyhound for shipping services for refrigerated specimens.Grp,,h�will deliver
specimens to the State Rabies Lab in Austin.TX so that they may be tested for rabies within hours of shipping.
This allows the specimens to be refrigerated,rather than frozen,for shipment.Because the treatment for rabies
exposure is a vaccine,and not an antiviral drug,testing as soon as possible is required. Due to the nature of
testing for rabies the specimen must remain preserved but unfrozen as freezing the specimen would render the
disease undetectable.Greyhound can get the shipment to the lab in a few hours. This allows the specimen to
remain preserved via refrigeration;thus allowing the rabies test to be properly performed. I have been in the
Rabies submission business since 1993 and worked for the State Rabies Control and can confirm there are no
other vendors in the Fort Worth area that can meet this demand. Rabies is a viral disease that if untreated after
exposure is 100%fatal. It is critical that the City is able to
test every syecimen for rabies,as necessary,as quickly as possible so that lifesaving treatment may be
administered if necessM. Section 3:Attorney
Determination
With the facts provided by the department,is the use of the claimed exemption defensible if the City were to be
challenged on this purchase? Yes or No
Was there anything not included on this form or attached hereto that was relied on in making this determination?
Yes or No
If yes,please explain:
APPROVED:
Sole Source Services Agreement—Exhibit C Page 14 of 16
Greyhound Lines Inc,
Taylor Paris
Assistant City Attorney
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemption that apply to municipal purchases.If you have
questions about the information provided or need additional information,please contact your department's
assigned attorney.
1. A procurement made because of a public calamity that requires the immediate appropriation of money to
relieve the necessity of the municipality's residents or to preserve the property of the municipality.This is generally
used in cases of public emergency.
2. A procurement necessary to preserve or protect the public health or safety of the municipality's residents.
This is a factual determination that will be used when the purchase directly impacts public health and safety.Please
note,this is generally a very narrow exception.
3. A procurement necessary because of unforeseen damage to public machinery,equipment,or other property.
Damage or immediately foreseeable damage that is caused by an unexpected event.This will generally be used
when a natural disaster or unforeseen failure occurs that impacts other property.
4. A procurement for personal,professional,or planning services;
Professional services are not defined under Chapter 252,so there is no precise definition to follow.However,the
Texas Attorney General has suggested that a professional service comprehends labor and skill that is
`predominately mental or intellectual,rather than physical or manual."' Tex.Atty Gen Op.JM-940(1988)
(quoting Maryland Casualty Co.v.Cray Water Co., 160 S.W.2d 102(Tex.Civ.App.—Eastland 1942,no writ).
The Texas Attorney General has also opined that"professional services"no longer includes only the services of
lawyers,physicians,or theologians,but also those members of disciplines requiring special knowledge or
attainment and a high order of learning,skill,and intelligence. Id.
Facts needed to support a professional service exemption include the specialized requirements of that profession
and the mental and intellectual skill required by the person while performing the service.Purchases of goods are
not professional services.
5. A procurement of items that are available from only one source.
This exemption is commonly referred to as the sole source exemption.In determining whether a purchase is of a
good or service that is available from one source,you should not consider price or time to receive the good or
service.The information needed to support this exemption,is that no other provider can provide the service or
category of good except for the vendor you are proposing. Some examples of sole source purchases include service
agreements when only one vendor is authorized to work on the equipment by the manufacturer and allowing another
vendor would void the warranty;purchase of a good that is copyrighted or trademarked and only provided by one
vendor.
Sole Source Services Agreement—Exhibit C Page 15 of 16
Greyhound Lines Inc,
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by KB. 23,84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordancewith Chapter 176,Local Government Code, Data Roce vc�
by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and thevendor meets requirements under Section 176.006(a).
By law this questionnaire mustbe biedwith the records administratorof 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. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Code.An offense underthis section is a misdemeanor.
t Name of vendorwho has a business relationship with local governmental entity.
21 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 which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of local government officer whom the In1prmation in this section is being disclosed.
Name of Officer
This section (item 3 including subparts A, B, G, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176-001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income. from the vendor?
Yes E:E No
S. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the focal
government officer named in this section AND the taxable income is not received from the local governmental entity?
El Yes o
C. is the filer of this questionnaire employed by 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?
a Yes Nu
D. describe each employment or business and family relationship with the local government officer named in this section.
4
Signature of ettdor doing business with the governmental entity Date
Adopted 8!7.2015
Sole Source Services Agreement—Exhibit D Page 16 of 16
Greyhound Lines Inc,