HomeMy WebLinkAbout(0028) TCHC Sole Source Exemption.pdfFORT 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: City Manager's Office/ Directions Home Unit
Name of Contract Manager: Tara Perez
Department's Attorney: Jo Ann Pate/Vicki Ganske
Item or Service sought: This is a grant for them to further their purpose of serving
........................Continuum of Care planning, Continuum of Care reporting, Continuum of
Care training, Continuum of Care landlord engagement,
Vendor: Tarrant County Homeless Coalition
Current Agreement for item/service: Yesx_ No x
We currently fund the CoC for planning and have included funds for reporting — but not
software. Funding for training and landlord engagement are new.
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How will this item or service be used:
1) Continuum of Care planning:
Staff CoC committees, conduct point in time count, host state of the homeless reporting,
evaluation and technical assistance for CoC grantees.
2) Continuum of Care reporting:
For software to automate Coordinated entry and implement cross systems data integration.
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3) Continuum of Care training:
Design and host a Learning Institute for case managers in homeless services.
4) Continuum of Care landlord engagement:
Create and implement a strategy for increasing number of landlords accepting homeless service
related rental vouchers, rental assistance and those moving in without financial assistance.
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:
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.
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Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.
Our local homeless planning body, TX-601 Continuum of Care, has selected Tarrant County
Homeless Coalition to serve as the lead agency, HMIS administrator and collaborative applicant.
TCHC is the only one authorized to apply for HUD grants as well as submit HUD reports.
TCHC is the only one authorized to run the Homeless Management Information System which
produces reports about effectiveness of homeless programs and the homeless system in general.
Directions Home is an active participant in the Continuum of Care and as a unit of local
government financially supports Tarrant County Homeless Coalition so they can draw down
HUD funds. Directions Home would like to support the system through ongoing funding for
CoC planning and one-time funding as TCHC purchases new reporting software, launches a
training institute, and creates a landlord engagement program. TCHC is seeking funding from the
City of Arlington and Tarrant County as well.
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:
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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.
2. A procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
3. A procurement necessary because of unforeseen damage to public machinery, equipment,
or 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.
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