HomeMy WebLinkAbout(0021) Neighborly Chapter 252 Exemption Form (1.21.22).pdfFORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
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 to determine whether an exemption to Chapter 252's biding requirements is 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:
Name of Contract Manager:
Department's Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Current/Prior Agreement for item/service
CSC or Purchase Order #:
Amount:
Projected M&C Date:
[Neighborhood Services Department ]
Terrance Jones]
[Taylor Paris]
El
30f 0,0001
[Benevate Neighborly Software ]
►�
Sf 34991
[37,800.001
[2/8/2022]
No ❑
How will this item or service be used? [Software will be used to manage and administer
several grant programs such as CDBG, ESG, HOPWA, ERAP and LEAD safe programs ]
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No N
If yes, please provide requisition number or brief explanation of contact with
Purchasing Division: [DETAILED DESCRIPTION]
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Section2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole -source exemption, complete Section 3.
Please indicate the non -sole -source 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 necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
0 A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
0 A procurement for personal, professional, or planning services;
0 A procurement for work that is performed and paid for by the day as the work
progresses;
0 A purchase of land or a right-of-way;
0 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;
0 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;
0 A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
0 Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
0 Services performed by blind or severely disabled persons;
0 Goods purchased by a municipality for subsequent retail sale by the municipality;
0 Electricity; or
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El Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.NSD uses this software to facilitate
the following programs: ERAP, HOPWA, LEAD, CDBG, ESG and the RFP process. These
programs directly assist the public and are designed to protect their health and safety. If NSD is
unable to complete this purchase, or is required to use another software after performing a
competitive procurement, many of the programs would be jeopordized in the process.
Housing Opportunities for Persons with AIDS (HOPWA) — This program pays for rental and
mortgage assistance for persons with HIV or AIDS. Pausing this program would leave tenants at
risk of eviction and a breach of their leases. Being at risk of eviction could potentially risk their
eligibility for the program resulting in the client being homeless, or not being able to afford
living essentials due to having to pay an additional amount for rent that would no longer be
covered by the program.
Lead -Safe Program — This program provides rehabilitation services to FW citizens who need
urgent fixes in their homes. Some of the services include removing lead base paint and window.
Pausing these services would put people at risk of being further exposed to lead which is deemed
to be hazardous for humans.
Priority Repair Program — This program provides rehabilitation services to FW citizens who
have an urgent need in their homes. Some of the services include the following:
• Roof replacement
• Water Leaks
• Plumbing pipe replacements
• House Sheathing
• Insulation
• AC Repair
• Hot Water Heater Replacement
Pausing the PRP program would put families at health risk by not having access to water,
adequate plumbing and waste drainage. This would be a health hazard for the homeowners
directly and indirectly impacted by not receiving services.
Community Development Block Grant (CDBG) — This program provides an array of services to
the community through several non -profits and partners. Some of those services include:
Single Family Home building
Multi -Family Development projects
Educational Services
Daycare Services
Financial Empowerment Services
We also manage all draw request with subrecipients in this software. Changing to a different
software would result in staff manually transferring all data and would prolong processing
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applications for our citizens who are in urgent need of assistance for all of the programs
mentioned above. The software has allowed NSD to streamline our intake process to better serve
our citizens and sub -recipient partners. Going to another software would put citizens of our
community at risk of being homeless due to the high rate of evictions as this would slow down
our processing time. Evictions would result in citizens being in unsafe environments by being
homeless or on the street as landlords are not giving tenants any additional time to find rental
assistance. We have over 6000 pending applications for rental assistance and it would be very
difficult to transfer this information over to a new system and would put us at high risk of losing
data during the transfer. We would also have to train staff on the new system which would cause
us to pause all of our programs that aid Fort Worth citizens. The Priority Repair program handles
services such as water leaks that need to be fixed urgently and pausing the program to switch
over to a new software would definitely put our citizens at risk.
Emergency Rental Assistance Program (ERAP) — This program provides emergency rental and
utility assistance to Fort Worth citizens who are facing eviction due to the pandemic. The
program pays water and utility bills to prevent disconnection for citizens. Pausing or delaying
implementation of this program could potentially leave citizens without water and electricity
along with accruing late fees that would make it difficult to reestablish connection.
Emergencies Solutions Grant — This program provides rapid rehousing to Fort Worth citizens
that are homeless and need immediate shelter. Pausing this program to switch to another
software would put the homeless at risk of not having access to immediate shelter.
Pausing these programs due to having to switch over to a new software would leave Fort Worth
citizens without access to these programs. The system is used to also create draw request from
our sub -recipients to be reimbursed after providing services. There will be a delay in providing
services if reimbursements cannot be submitted and paid. Switching to a new or different
software also poses a risk of data and application loss. The City, and the public it serves, cannot
afford to take that risk or any further delay in processing applications for these programs. It is
critical, in the interest of public health, that this software is maintained.
Section 3: Claimed Sole -Source Exemption and Justification
NOTE - For any non -sole -source exemption, complete Section 2.
Please indicate the sole -source 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
0 *A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents, copyrights,
secret processes, or natural monopolies;
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• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum, park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
[EXPLAIN HOW YOU DETERMINED EXCEPTION APPLIES (RESEARCH,
COMMUNICATIONS, DOCUMENTATION)]
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
[SHOW YOUR RESEARCH/WORK THAT LEAD TO YOUR CONCLUSION]
Did you attach a sole source justification letter? ❑ Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
[DESCRIBE THE UNIQUNESS OF THE ITEM/SERVICE THAT QUALIFIES IT AS A SOLE
SOURCE
Section 4: Attorney De to rndnation
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 0 No.
Was there anything attached to this form that was relied on in making this determination?
❑ Yes ® No.
If yes, please explain:[DESCRIBE ATTACHMENTS CONSIDERED]
Was there anything not included on this form or attached hereto that was relied on in making this
determination? ❑ Yes ® No.
If yes, please explain:[EXPLAIN OUTSIDE SOURCE OF INFORMATION]
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Will the standard terms and conditions apply? ® Yes
Will the contract require special terms? 0 Yes
Will the contract require review by the department attorney? ® Yes
Approve d By:
Date: 1.21.22
Ta or Paris / Jessika Williams
Assistant City Attorney
0 No.
FORM
0 No.
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EXEMPTION FORM PRIMER
Below are explanations and examples of common exemptions that could apply to City purchases.
If you have questions about the information provided or need additional information, please
contact your department's assigned attorney or the appropriate purchasing attorney.
1. A procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
Examples of activities that have been found to fall within this exception include ambulance
services; solid waste collection and disposal; and first -responder safety equipment such as
breathing apparatus for firefighters and bullet-proof vests for police officers.
2. A procurement necessary because of unforeseen damage to public machinery, equipment,
or other property;
Examples of this type of procurement would include repairing or replacing roofs and
windows damaged by hail or a tornado. But parts and services for routine maintenance or
replacement of old, worn out roofs or windows would not meet this exception.
3. A procurement for personal, professional, or planning services;
Personal services are ones that are unique to the individual providing them. Therefore
personal services contract cannot generally be subcontracted or assigned.
Professional services are not defined under Chapter 252, so there is no precise definition
to follow. There is no universal definition of this term, however, "several cases suggest
that it... 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.
4. 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. A sole source does not exist solely
on the basis of personal or departmental preference or a desire to keep all units the same
brand or make. The information needed to support this exemption is that no other provider
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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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