Loading...
HomeMy WebLinkAboutContract 57769 CSC No. 57769 FORTWORTHO NON-EXCLUSIVE CONTRACTOR SERVICES AGREEMENT This NON-EXCLUSIVE CONTRACTOR 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 GOODWILL INDUSTRIES OF FORT WORTH ("Contractor"), a TEXAS INCORPORATION 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 Contractor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; 4. Exhibit C— City's ITB No.22-0115 5. Exhibit D— Contractor's Bid Response to City's ITB No.22-0115; and 6. Exhibit E—Verification of Signature Authority Form. Exhibits A, B, C, D, and E, 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, C, or D 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. Contractor shall provide temporary animal technician services for the Animal Care and Control Centers("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 June 29, 2022 ("Effective Date")and expires on June 28,2023("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 Contractor in accordance with the provisions of this Agreement, including Exhibit `%," which is attached hereto and incorporated herein for all purposes. Contractor understands and agrees that the City will award non-exclusive agreements to multiple bidders for services outlined in City of Fort Worth Bid Solicitation(ITB No. 22-0115)which is attached hereto as Exhibit C, and incorporated herein for all purposes. Contractor further understands that the aggregate amount of all contract awarded to multiple contractors under ITB No. 21-0115 shall be an amount not to exceed FOUR-HUNDRED-TWENTY THOUSAND Dollars($420,000.00) for the initial term, and the City makes no promise or guarantee of the total amount of work that will be assigned to Contractor under this agreement. Contractor will not perform any additional services or bill for expenses incurred for City OFFICIAL RECORD CITY SECRETARY 1 of 53 FT. WORTH, TX 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 Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Contractor 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 Contractor 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 Contractor for services actually rendered up to the effective date of termination and Contractor 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,Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor 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. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,Contractor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City("City Information") as confidential 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 Contractor. It will be the responsibility of Contractor 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. Contractor 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. Contractor must notify City immediately if the security or integrity 2 of 53 of any City Information has been compromised or is believed to have been compromised,in which event,Contractor 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. Right to Audit. Contractor 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 Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor 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 Contractor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Contractor 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,Contractor 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, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,servants,employees,contractors,or subcontractors. Neither Contractor,nor any officers,agents, servants,employees,contractors,or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor 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- CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'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 CONTRACTOR, ITS 3 of 53 OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor 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 City for infringement arising under this Agreement, City will 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, Contractor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement.If the software and/or documentation 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, Contractor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible,and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement,and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Contractor 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor 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 Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 4 of 53 10. Insurance. Contractor 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 Contractor, 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: 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. 5 of 53 (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 Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances,Rules and Regulations. Contractor 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 Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor'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 CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR 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 CONTRACTOR: City of Fort Worth Goodwill Industries of Fort Worth,Inc Attn: Assistant City Manager Valerie Washington Kimberly Smith,Vice President 200 Texas Street 4005 Campus Drive 6 of 53 Fort Worth,TX 76102-6314 Fort Worth,Texas 76119 Facsimile: (817)392-8654 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Contractor 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 Contractor 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 Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 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. SeverabiH . 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 Majeure. City and Contractor 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. 7 of 53 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. Contractor 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 Contractor's option,Contractor 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 Contractor for the nonconforming services. 25. Immigration Nationality Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form(I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor 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 Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 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, Contractor 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. Signature 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 8 of 53 Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. Contractor 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 Contractor 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 Contractor has fewer than 10 employees or this Agreement is for less than $100,000,this section does not apply. Contractor 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, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycottin2 EnerEy Companies. Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and(2) will not boycott energy companies during the term of the contract. The terms"boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and(2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination AEainst Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 9 of 53 32. 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. 33. Entirety of Agreement. This Agreement,including all attachments and exhibits,contains the entire understanding and agreement between City and Contractor, 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. 10 of 53 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 J responsible for the monitoring and administration of this contract,includingensuring all performance and By: Valerie Washington(Jun 30,202215:aa CDT) g reporting requirements. Name: Valerie Washington Title: Assistant City Manager Date: Jun 30, 2022 2022 By: C"'f�va. Name: Christopher Lirette APPROVAL RECOMMENDED: Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: By: Tim Morto Jun 28,20220T:42 CDT) Name: Dr. Tim Morton Title: Code Compliance Assistant Director BY� J.J�o9-ro oche(Jun 30,2022 08:36 CDT) Name: Juan-Joel Tovanche ATTEST: Title: Assistant City Attorney CONTRACT AUTHORIZATION: �7G1�?�?2tt2 c� C7000t�Gl�G M&C: 22-0529 By. JannetteS.Goodall(Jun 30,202215:48 CDT)n:W�a'4�� Form 1295.2022-893226 Name: Jannette Goodall apF FOR)— Title: City Secretary P ��koo-0�000-41 d.�° �voa 00 CONTRACTOR: na Goodwill Industries of Fort Worth,Inc . me.& By: Kimberly Smith(Ju ,202213:28CDT) Name: Kimberly Smith Title: Vice President GSS Date: Jun 27, 2022 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 11 of 53 EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS FOR ANIMAL SHELTER TECHNICIAN 1. SCOPE a. Goodwill industries of Fort Worth shall provide staffing for shelter technicians at the Fort Worth Animal Control Centers and adoption locations. b. The term of the Agreement shall be for a one-year(1)period,with four(4)one-year renewal options.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"Contractor." c. 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. d. Unit prices shall include all costs associated with the specified work,including but not limited to fees and certifications fees.No additional charges will be accepted or paid by the City. 2. ANIMAL SHELTER TECHNICIANS a. The Contractor shall provide the City with temporary personnel for animal shelter technicians to the fullest competency and skill levels as set forth in the solicitation for both Animal Shelters located at the below locations: i. Silcox Animal Care and Adoption Center 4900 Martin Street Fort Worth,Texas 76119 ii. North Animal Campus 351 Hillshire Drive Fort Worth,Texas 76052 iii. Alliance PetSmart Charities Adoption Center 2901 Texas Sage Trail Fort Worth,TX 76177 iv. Hulen PetSmart Charities Adoption Center 4800 SW Loop 820 Fort Worth,TX 76109 b. Employment services shall be performed for one(1)shift,seven(7)days per week,including holidays or as requested and approved by City representative. c. Hours of operation: 7AM-6PM d. Contractor shall conduct criminal background checks and drug and alcohol tests on all temporary personnel before assigning to City and,at a minimum,every year thereafter.No worker is to be assigned to the City that has failed a drug and alcohol test with the Contractor. 12 of 53 e. The City reserves the right to immediately dismiss temporary personnel provided by the Contractor,if the City becomes dissatisfied with the service for any reason. f. Contractor shall furnish able-bodied personnel,who shall be clean,appropriately dressed for the assignment,and be no less than 18 years of age and possess a valid government identification. g. There shall be sufficient staffing specifically assigned to the City's account to support necessary delivery requirements.A Project Manager shall be assigned to the City's account.Phone number, email,and emergency phone number of Project Manager shall be provided to the City upon award. h. Personnel shall be capable of working in public areas,able to work with citizens and must be willing to follow instructions from City supervisory personnel. i. The Contractor shall be able to provide temporary personnel within eight(8)business hours of the phone request and if the City is not contacted and/or provided with a temporary employee within that time period the City reserves the right to contact another source for service and charge the Contractor the difference,if any. j. The Contractor shall provide personnel who possess the necessary skills,knowledge and ability to perform the jobs into which they are to be placed.Assigned employees must possess the ability to deal effectively and courteously with the public,and the ability to verbally communicate effectively with others. k. The City reserves the right to reject workers provided by the successful Contractor if they are found to be unacceptable before or after starting on the job to which they have been assigned. 1. There shall be no obligation on the part of the City to hire any temporary personnel that is supplied under the terms of this solicitation on a full time basis following the term of the part time employment. m. Should the City wish to hire an individual who has been filling the temporary position,neither the individual nor the City will be required to pay a placement fee. n. Contractor is required to pay at least minimum wage to all its employees who perform work on behalf of the City.Bidder shall be required,quarterly to provide satisfactory evidence to reflect this policy.The hourly rate that is bid should be the same for all shifts,day or night. o. No overtime will be paid by the City.It is the Contractor's responsibility to schedule and/or rotate workers to ensure they do not qualify for overtime. p. The Contractor and assigned personnel shall provide their own transportation to and from their assigned work site. q. The City will not reimburse mileage or parking. r. City will furnish a weekly time sheet to assigned personnel,which is to be completed and returned to the City representative supervising the assigned personnel. s. If a worker leaves the job site without permission,no payment will be rendered for that shift. Payments will be rendered only for hours worked. t. Absolutely no visitors(including family members)will be allowed at the work site during the course of the work shift,unless they are,in fact,workers of the Contractor assigned to that job site. 13 of 53 u. Contractor shall also be responsible and liable for the safety,injury and health of its working personnel while assigned personnel is performing their duties on City property. 3. ANIMAL SHELTER TECHNICIAN JOB DESCRIPTION a. The omission of specific statements does not preclude the City from assigning specific duties not listed if such duties are a logical assignment to the position. b. Under general supervision,performs animal care tasks and shelter upkeep to maintain a clean and disease free environment for impounded animals. c. Cleans kennel runs,cages,and shelter buildings. d. Feeds,waters,and cares for impounded animals. e. Relocates animals from trucks and cages. £ Euthanizes unclaimed and unadoptable animals. g. Documents animal dispositions in a computer record keeping system. h. Assists the public looking for lost or adoptable pets. i. Assists field officers in unloading,checking in and relocating animals in the shelter. j. Works in all environments;indoors and outdoors. k. Report observed health or behavior issues to lost and found supervisor/assistant manager Clean assigned areas on a daily basis 1. Assist prospective clients in the selection of animals for adoption and in the preparation of adoption forms. in. Keep current inventory of necessary program supplies and report shortages to Lost and found supervisor/assistant manager. n. Maintain assigned equipment,supplies and vehicles in safe condition and report any problems or needed repairs to the lost and found/supervisor o. Protect the confidential information on customers and donors. p. The position holder must be able to regularly lift and or move up to 40lbs without assistance and possibly up to 80lbs with assistance. q. Any other duties as assigned. r. Recommended Working Knowledge o£ i. Operations and services of an animal control program ii. Methods and techniques of animal control. iii. Principles and practices of animal behavior and animal care. iv. Principles and practices of animal investigations. v. Methods and techniques of animal first aid. vi. Pertinent Federal, State and Local laws,codes and regulations, vii. Principles and procedures of animal handling,collection,impoundment,quarantine and 14 of 53 disposal. 4. EXPERIENCE AND TRAINING a. Ability to capture and handle domestic and non-domestic animals. b. Enforce State,City and Local animal control laws and codes. c. Investigate animal bite cases and other reported injuries. d. Prepare and ship specimens for rabies testing. e. Prepare clear and concise reports and maintain accurate records. f. Respond to requests and inquiries from the general public. g. Understand and follow oral and written instructions. h. Work independently in the absence of supervision. i. Communicate clearly and concisely,both orally and in writing. j. Establish and maintain effective working relationships with those contacted in the course of work. k. Assignment requires standing for prolonged periods of time;heavy,moderate or light lifting; operating motorized equipment and vehicles. 5. DRESS CODE a. Long pants shall be worn.Pants must be clean,wrinkle-free and free of rips,holes,or tears. b. Long or short sleeve shirts(no tank tops). Shirts must be clean,wrinkle-free and free of rips, holes,or tears. Shirts will be kept buttoned and tucked in at all times.(Button-up shirts must be buttoned from second button from the top to the last button. Shirts that have straight bottoms do not have to be tucked in). c. Closed-toe shoes or athletic shoes will be worn at all times(sandals and open-toed shoes will not be permitted).Hats are optional,but no hat will be worn with any promotion,logo,or advertisement.Hats must be clean and free of rips,holes or tears.Field workers that work outside and/or in barn areas may wear ski caps in the winter as long as the cap does not have a logo. d. Shoes should be non-slip and rubber boots should be worn during morning cleanings. e. Appropriate seasonal outerwear,Safety glasses,hard hats or other personal protection equipment, if necessary,must be supplied by the Contractor. f. For safety reasons,while on duty,laborers are not allowed to wear headphones,musical devices, or sunglasses inside event facilities. g. During the performance of the Agreement,the Contractor will be required to adhere to the following requirements: h. The Contractor shall have an established office at the time their bid is submitted in the Dallas/Fort Worth metroplex(no exceptions).The Contractor shall maintain this office and be accessible to assigned personnel.This office shall also be designated as the location for dispersing payroll checks to the personnel. i. The Contractor shall provide interpreters if non-English speaking personnel are assigned.An interpreter may be one of the assigned personnel. j. The Contractor shall describe,in writing,what immediate action it will take to replace laborers that do not meet job expectations. k. The contractor shall appoint one(1)person who is an employee of the Contractor who will service this Agreement and who will be the liaison between the City and Contractor. 15 of 53 1. Assigned personnel are prohibited from performing duties while under the influence of alcohol or illegal drugs,or if performance is impaired,while under the influence of lawfully prescribed or over-the-counter drugs.If in the opinion of the City,a laborer is suspected of being impaired due to the influence of illegal drugs or lawfully prescribed or over the counter drugs or alcohol, personnel maybe rejected at anytime during the shift.Personnel maybe subject to random drug and alcohol testing in accordance with the City's regulations. m. The Contractor will prepare payroll checks,make all necessary deductions and pay all taxes and insurance required by Federal, State,and Local laws.The Contractor accepts full responsibility for the payment of wages,compensation and benefits to personnel. The Contractor accepts responsibility for payment of all taxes,assessments,fees,and fines that may be due and owing to any Local,State or Federal government agencies. n. To the extent permissible by the law,the Contractor shall conduct a background check on all temporary personnel assigned to the City.At any time the City may request a copy of background. o. The Contractor shall ensure that no temporary employee shall arrive on City premises with any type of firearms or weapons,drugs or alcohol. p. The City reserves the right to interview a temporary employee prior to employee being assigned to the City. q. The City reserves the right to control the details of the temporary personnel's work while assigned to the City. 16 of 53 EXHIBIT B PAYMENT SCHEDULE UNIT PRICE (BILLED ANIMAL SHELTER TECHNICIAN QTY UNIT RATE) TOTAL Employee hourly rate 14(for all referrals from the City) 20,000 HR $ 17.00 $340,000.00 Employee hourly rate 1Z(for Goodwill recruitment) 20,000 HR $ 17,00 $340,000.00 17 of 53 FORT WORTH,., EXHIBIT C CFW ITB NO. 22-0115 COVER PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0115 1 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Animal Shelter Technician 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids to finalize an Agreement for temporary worker services for animal shelter technicians for the Code Compliance Department on an"as needed"basis. Submission Requirements and Deadlines Bids are solicited for furnishing the merchandise,supplies,services and/or equipment as set forth in this solicitation.Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., May 5,2022,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level,City Hall,200 Texas Street, Fort Worth,Texas 76102 Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the outside of the courier's shipping envelope"BID No. 22-0115, ITB Animal Shelter Technician"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;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,conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 120 calendar days after the bid opening date. All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit hops://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Cristina Camarillo There is a Pre-Bid Conference for this bid. Solicitation Documents: Cover Page Bid Submission Signature Page Bid Solicitation Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A-Conflict of Interest Disclosure Requirement" Attachment B-Consideration of Location of Bidder's Principal Place of Business**(if applicable) Attachment C-Vendor Contact Information** Attachment D-Draft Vendor Service Agreement,attached as a separate document **Required to be completed and submitted. See Section 14.2, Part 1 for all required document that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non-responsive to the specifications. 18 of 53 FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0115 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Animal Shelter Technician 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: Company Address: City, State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number(FID): Will agreement be available for Cooperative Agreement use?Yes No 19 of 53 FORT WORTH BID SOLICITATION Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0115 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Animal Shelter Technician 200 Texas St. (Lower Level, South) Start Time Finish Time Fort Worth TX 76102 04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qty Unit UnitPrice Total Animal Shelter Technician,per attached 20000.00 HR specifications. The unit price is the hourly bill rate. Employee Hourly Pay Rate: Total Bid Amount: 20 of 53 PART-1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division is specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED,ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and bid number is not included as specified above, the question(s)will NOT be answered. 2.2.2 Delivery of questions by: 2.2.2.1 Hand Delivery— Fort Worth City Hall, Purchasing Division, Lower Level, 200 Texas Street, Fort Worth Texas, 76102. 2.2.2.2 Via Email— FMS Purchasing Responses(aD-fortworthtexas.gov 2.2.2.2.1.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 21 of 53 3.0 UNAUTHORIZED COMMUNICATIONS— Bidders' contact regarding this Invitation to Bid (ITB)with employees or officials of the City other than the Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 4.0 PREBID CONFERENCE- None 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non-responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES-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. 7.0 TAXES- Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or"equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering any other delivery terms are not acceptable and may be cause for resection. 22 of 53 9.0 PRICES/PERCENTAGE MARKUP 9.1 Bid prices and percentage markup(if applicable)shall be firm offers unless otherwise specified. Pricing and percentage markup (if applicable)shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE-The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS-All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be"Net 30 Days"from the date the City receives a correct invoice. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/purchasing/ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Bid Solicitation; 14.2.3 Reference list of a minimum of three(3)current customers (comparable in size) who the bidder has recently provided subject services on a continuing basis over a 23 of 53 three (3)year period. At least one(1)of the references must be specifically for animal care services. The City of Fort Worth may be used as one (1)of the references. 14.2.4 Bidder's background, number of years in business, size of bidder's labor pool as it pertains to this bid and bidder's timeframe to provide workers after notification. 14.2.5 Describe what immediate action the Bidder will take to replace workers that do not meet job expectations. 14.2.6 Describe testing procedures used to determine job skills and physical abilities of candidates, including drug testing. 14.2.7 Bidder's process on how they are advocating and providing second-chance employment opportunities, if applicable. 14.2.7 A completed and signed original Conflict of Interest Questionnaire, Attachment A. 14.2.8 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment B, if applicable. 14.2.9 A completed and signed Vendor Contact Information,Attachment C. 14.2.10 Signed Addendum(s)acknowledging receipt. 14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1. 14.2.12 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non-responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 24 of 53 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile(provided that the facsimile is signed by the Bidder)at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Section 4, Part 2. (Note:A Bidder that does not earn at least 50%of the technical points will be deem "non-responsive"and will not be awarded a contract.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS-The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 25 of 53 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 20.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Division Documents: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 21.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 26 of 53 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall 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 shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed 27 of 53 PART—2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City)seeks bids to finalize an agreement for temporary worker services to provide responsible, trustworthy, honest, and accountable personnel for animal shelter technicians for the Code Compliance Department on an "as needed" basis. Bidders that are second-hand employers are encouraged to bid. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as"Contractor"/"Vendor." 1.2 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 is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 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 handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.5 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date Aril 20, 2022 Pre-Bid Conference None Deadline for Questions April 25, 2022 at 5PM (Local Time Answers Posted Aril 28, 2022 ITB Responses Due Date AT 1:30 p.m. Local Time May 5, 2022 Recommended Vendor Selection May 2022 Mayor and Council Consideration June 2022 Contract Execution June 2022 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP -The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of 28 of 53 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 METHOD OF AWARD 4.1 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 4.1.1 Meets the requirement listed in Section 5, Part 2. 4.1.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 4.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non-responsive. 4.3 The following criteria will be used to determine the best value: 4.3.1 Cost of service—up to 40 points 4.3.2 Contractor's Qualifications, Experience obtaining worker for an animal care facility, and References—up to 40 points 4.3.3 Availability of resources to provide services(personnel)—up to 10 points 4.3.4 Companies who advocate and provide second-chance employment opportunities— up to 10 points 4.4 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 4.5 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.6 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 4.7 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 4.8 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 4.9 If Attachment C, Local Preference, is completed by any Bidder, the City will review the Attachment to determine whether Local preference will apply to the award. 29 of 53 5.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 5.1 The Contractor shall: 5.1.1 Have an established office at the time their bid is submitted in the Dallas/Fort Worth metroplex with the ability to be reached by email and telephone. 6.0 CONTRACTOR RESPONSIBILITIES—Contractor shall 6.1 Provide the City with temporary workers for animal shelter technicians to the fullest competency and skill levels as set forth in the solicitation for the Animal Shelters located at the locations below: 6.1.1 Silcox Animal Care and Adoption Center 4900 Martin Street Fort Worth, Texas 76119 6.1.2 North Animal Campus 351 Hillshire Drive Fort Worth, Texas 76052 6.1.3 Alliance PetSmart Charities Adoption Center 2901 Texas Sage Trail Fort Worth, TX 76177 6.1.4 Hulen PetSmart Charities Adoption Center 4800 SW Loop 820 Fort Worth, TX 76109 6.2 Provide services and workmanship required to furnish a complete and functional job for the City, whether shown, included or implied in the specifications to meet the conditions of the Agreement. 6.3 Conduct criminal background checks and drug and alcohol tests on all temporary personnel before assigning to City and, at a minimum, every year thereafter. No worker is to be assigned to the City that has failed a drug and alcohol test with the Contractor. 6.4 Shall furnish able-bodied personnel, who shall be clean, appropriately dressed for the assignment, and be no less than 18 years of age and possess a valid government identification. 6.5 Have sufficient staffing specifically assigned to the City's account to support necessary delivery requirements.A Project Manager shall be assigned to the City's account. Phone number, email, and emergency phone number of Project Manager shall be provided to the City upon award. 6.6 Be able to provide temporary personnel within eight(8) business hours of the phone request and if the City is not contacted and/or provided with a temporary employee within that time period the City reserves the right to contact another source for service and charge the Contractor the difference, if any. 6.7 Pay at least minimum wage to all its employees who perform work on behalf of the City. Contractor shall be required, quarterly to provide satisfactory evidence to reflect this policy. The hourly rate that is bid should be the same for all shifts, day or night. 6.8 Be responsible to schedule and/or rotate workers to ensure they do not qualify for overtime. No overtime will be paid by the City. 30 of 53 6.9 Prepare payroll checks, make all necessary deductions and pay all taxes and insurance required by Federal, State, and Local laws. The Contractor accepts full responsibility for the payment of wages, compensation and benefits to personnel. The Contractor accepts responsibility for payment of all taxes, assessments, fees, and fines that may be due and owing to any Local, State or Federal government agencies. 6.10 To the extent permissible by the law, conduct a background check on all temporary workers sent to the City.At any time the City may request a copy of background. 6.11 Ensure that no temporary worker shall arrive on City premises with any type of firearms or weapons, drugs or alcohol. 6.12 Provide workers who possess the necessary skills, knowledge and ability to perform the jobs into which they are to be placed.Assigned workers must possess the ability to deal effectively and courteously with the public, and the ability to verbally communicate effectively with others. 6.13 Be responsible and liable for the safety, injury and health of its working personnel while assigned personnel is performing their duties on City property. 6.14 Have an established office at the time their bid is submitted in the Dallas/Fort Worth metroplex(no exceptions). The Contractor shall maintain this office and be accessible to assigned personnel. This office shall also be designated as the location for dispersing payroll checks to the personnel. 6.15 Provide interpreters if non-English speaking personnel are assigned. An interpreter may be one of the assigned personnel. 6.16 Shall appoint one (1) person who is an employee of the Contractor who will service this Agreement and who will be the liaison between the City and Contractor. 6.17 Shall describe, in writing, what immediate action it will take to replace laborers that do not meet job expectations. This information shall be submitted with the bid. 7.0 ANIMAL TECHNICIAN SPECIFICATIONS 7.1 Temporary worker services shall be performed for one (1)shift, seven (7)days per week, including holidays or as requested and approved by City representative. 7.2 Hours of operation: 7AM-6PM 7.3 Worker shall be capable of working in public areas, able to work with citizens and must be willing to follow instructions from City supervisory personnel. 7.4 Workers will be required to provide their own transportation to and from their assigned work site. 7.4.1 The City will not reimburse mileage or parking. 7.5 Workers are prohibited from performing duties while under the influence of alcohol or illegal drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter drugs. If in the opinion of the City, a laborer is suspected of being impaired due to the influence of illegal drugs or lawfully prescribed or over the counter drugs or alcohol, the laborer may be rejected at any time during the shift.Workers may be subject to random drug and alcohol testing in accordance with the City's regulations. 31 of 53 7.6 The City reserves the right to reject workers provided by the successful Contractor if they are found to be unacceptable before or after starting on the job to which they have been assigned. 7.7 The City will furnish a weekly time sheet to assigned personnel, which is to be completed and returned to the City representative supervising the assigned personnel. 7.8 If a worker leaves the worksite without permission, no payment will be rendered for that shift. Payments will be rendered only for hours worked. 7.9 There shall be no obligation on the part of the City to hire any temporary personnel that is supplied under the terms of this solicitation on a full time basis following the term of the part time employment. 7.10 Absolutely no visitors (including family members)will be allowed at the worksite during the course of the work shift, unless they are, in fact, workers of the Contractor assigned to that worksite. 7.11 If the performance of any temporary worker is deemed unsatisfactory by City staff the temporary worker will be dismissed immediately and the Contractor will be paid for time actually worked by the dismissed worker. 7.12 Temporary worker is recommended to have working knowledge of: 7.12.1 Operations and services of an animal control program. 7.12.2 Methods and techniques of animal control. 7.12.3 Principles and practices of animal behavior and animal care. 7.12.4 Principles and practices of animal investigations. 7.12.5 Methods and techniques of animal first aid. 7.12.6 Pertinent Federal, State and Local laws, codes and regulations. 7.12.7 Principles and procedures of animal handling, collection, impoundment, quarantine and disposal. 7.13 The listed duties shown in the solicitation are only illustrative and are not intended to describe every function that may be performed by this job class. The omission of specific statements does not preclude the City from assigning specific duties not listed if such duties are a logical assignment to the position. The workers shall be able to perform the following duties not limited to: 7.13.1 Under general supervision, performs animal care tasks and shelter upkeep to maintain a clean and disease free environment for impounded animals. 7.13.2 Cleans kennel runs, cages, and shelter buildings. 7.13.3 Feeds, waters, and cares for impounded animals. 7.13.4 Relocates animals from trucks and cages. 7.13.5 Euthanizes unclaimed and unadoptable animals. 7.13.6 Documents animal dispositions in a computer record keeping system. 32 of 53 7.13.7 Assists the public looking for lost or adoptable pets. 7.13.8 Assists field officers in unloading, checking in and relocating animals in the shelter. 7.13.9 Works in all environments; indoors and outdoors. 7.13.10 Report observed health or behavior issues to lost and found supervisor/assistant manager. 7.13.11 Clean assigned areas on a daily basis. 7.13.12 Assist prospective clients in the selection of animals for adoption and in the preparation of adoption forms. 7.13.13 Keep current inventory of necessary program supplies and report shortages to Lost and Found supervisor/assistant manager. 7.13.14 Maintain assigned equipment, supplies and vehicles in safe condition and report any problems or needed repairs to the Lost and Found supervisor. 7.13.15 Protect the confidential information on customers and donors. 7.13.16 Must be able to regularly lift and or move up to 40lbs without assistance and possibly up to 80lbs with assistance. 7.13.17 Any other duties as assigned. 7.14 Worker Dress code-Workers shall be clean and appropriately dressed for the assignment with proper footwear. No clothing will be worn with any promotion, logo, or advertisement. 7.14.1 Laborers are expected to maintain high standards of grooming and personal hygiene. 7.14.2 Long pants. Pants must be clean, wrinkle-free and free of rips, holes, or tears. 7.14.3 Long or short sleeve shirts (no tank tops). Shirts must be clean, wrinkle-free and free of rips, holes, or tears. Shirts will be kept buttoned and tucked in at all times. (Button-up shirts must be buttoned from second button from the top to the last button. Shirts that have straight bottoms do not have to be tucked in). 7.14.4 Closed-toe shoes or athletic shoes will be worn at all times (sandals and open- toed shoes will not be permitted). Hats are optional, but no hat will be worn with any promotion, logo, or advertisement. Hats must be clean and free of rips, holes or tears. Field workers that work outside and/or in barn areas may wear ski caps in the winter as long as the cap does not have a logo. 7.14.4.1 Shoes should be non-slip and rubber boots should be worn during morning cleanings. 7.14.5 Appropriate seasonal outerwear, Safety glasses, hard hats or other personal protection equipment, if necessary, must be supplied by the Contractor. 7.14.6 For safety reasons, while on duty, workers are not allowed to wear headphones, musical devices, or sunglasses inside event facilities. 7.15 Experience and training-Temporary worker is recommended to have the following experience and training: 33 of 53 7.15.1 Ability to capture and handle domestic and non-domestic animals. 7.15.2 Enforce State, City and Local animal control laws and codes. 7.15.3 Investigate animal bite cases and other reported injuries. 7.15.4 Prepare and ship specimens for rabies testing. 7.15.5 Prepare clear and concise reports and maintain accurate records. 7.15.6 Respond to requests and inquiries from the general public. 7.15.7 Understand and follow oral and written instructions. 7.15.8 Work independently in the absence of supervision. 7.15.9 Communicate clearly and concisely, both orally and in writing. 7.15.10 Establish and maintain effective working relationships with those contacted in the course of work. 7.15.11 Assignment requires standing for prolonged periods of time; heavy, moderate or light lifting; operating motorized equipment and vehicles. 7.16 Work performed at the facilities is under supervision of a City Supervisor. 8.0 CITY REQUIREMENTS AND RESERVATIONS 8.1 The City will identify the location, City contact, and description of the service request to the Contractor. 8.2 The City will provide a purchase order number before the commencement of any service. 8.3 The City reserves the right to immediately dismiss temporary workers provided by the Contractor, if the City becomes dissatisfied with the service for any reason. 8.4 The City reserves the right to reject workers provided by the successful Contractor if they are found to be unacceptable before or after starting on the job to which they have been assigned. 8.5 Should the City wish to hire an individual who has been filling the temporary position, neither the individual nor the City will be required to pay a placement fee. 8.6 The City reserves the right to control the details of the temporary employees'work while assigned to the City. 9.0 LAWS, REGULATIONS, AND ORDINANCES 9.1 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 Safety 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. 10.0 INVOICING REQUIREMENTS 10.1 The City of Fort Worth has begun implementing an automated invoicing system. 10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: suoolierinvoices(cDfortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 34 of 53 10.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013- 0000001234) 10.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment(i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit#(i.e. FW013) • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; and • Invoices should be submitted after delivery of the goods or services. 10.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(a-fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPayable(@fortworthtexas.gov. 10.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 10.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392- 2451 or by email to ZZ FIN AccountsPayable _fortworthtexas.gov. 10.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 11.0 UNIT PRICE ADJUSTMENT 11.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 35 of 53 11.2 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. 11.3 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. 11.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 11.5 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. 11.6 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. 11.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 12.0 INSURANCE REQUIREMENTS—The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment D to this solicitation, and furnish certificates of insurance along with copies of policy declaration pages and policy endorsements as evidence thereof. 13.0 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 Vendor's obligation with respect to such performance shall continue in full force and effect. 14.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 15.0 HAZARDOUS CONDITIONS 15.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 15.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment(PPE)while handling hazardous material. If there are questions regarding how to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 16.0 CONTRACT ADMINISTRATION AND TERMINATION 16.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures.A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 16.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will take appropriate action to cure the 36 of 53 performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 16.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 16.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 17.1 If the Federal award meets the definition of"funding eCFR—Code of Federal Regulations agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 18.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 18.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 19.0 DEBARMENT AND SUSPENSION 19.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220)shall not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 20.0 BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C. 1352) 20.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection 37 of 53 with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 20.2 Bidders shall provide proof of Byrd Anti-Lobbying Amendment certification filings with their bid, if the bid exceeds$100,000.00. 21.0 RIGHT TO AUDIT 21.1 Vendor agrees that City shall, until the expiration of three(3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 38 of 53 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 Forms CIQ ("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 potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at hftp://www.ethics.state.tx.us/forms/CIQ.pdf. 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,state Contractor name in the# 1, use N/A in each of the areas on the form. However, a signature is required in the#7 box in all cases. 39 of 53 CONFLICT OF INTEREST QUESTIONNAIRE FORA CIO For vendor doing business with local governmental entity This questionnaire reflects changes made io the law 1by H.B. 23, 941h Leg., Regular Session OFFICE USE ONLY This questionnaire is being liled in accordance wit.uhapier 176. Local Govemment Code,by a vendor who Date Rece...ec has a business relationship as defined by Section 176-001(1-a) with a local gwernmenlai ernity and the vendor meets requirements under Section 176.006(a)- By law this questionnaire must be liled with the records adminislralor of the local gavammenlai entity not laser than the 7th business day after the dale the vendor bammes aware of fa€is thal require the slalement to he filed. Sep Section 176-01:-(a-1),Local Govemment Code. A vendor commits an offense if the vendor krrorringly violates Section 175.1006,Local Government Code-Ar oilense under:his section is a misdemeanor. 1 Name of vendor who hiss.a business relationship with local governmental entity. Check this box if you mre filing an updain to a previously fi kE d q uesfionnai re.(The low 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 govemment offrcerabout wham the information is being disclosed. Name of Off cer 41 Describe each employrrant or other business relationship with the local government officer. or a family member of the officer,as described by Section t76.00S(a){ (A). Alsodescribeanyfamilyrelationshipwiththelocalgovernmentofficer. Complete subparts A and Blor each employment orbusiness relationship described. Attachadditionalp ages to this Form CIO as necessary. A- Is the local government offir±er or a family member of the officer receiving or likely to recaiwe taxable fr,: other than irrwostment income, from the vendor? Yes F—] No 13- Is theven for receiving or likely to receive taaabla income,other than irrwestment income,from or at the direction of the local govemment officer Or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes � No 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 inlerest of one percent or more. 6 ❑ Chgr,k this boot it the vendor has giwen the kcal govern ment officer or a fam ily member of the offir er One or more gifts as described in Section 17B.OU3(a}(2}(B}, excluding gifts described in Section 176-003(a-1). rgnature of verwJor doing business with t e govemrnenra en* ELEW Form provided by Texas Ethics G mmission mrrw.athi cs.stata.Ix.u s Revised 111=1 40 of 53 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Cade may be found at hrtp:,',www.statubes_legis_state.tr . Docs+L +htrvLCL 176.htm. For easy reference,below are some of the seclions tiled on this farm. Local Govemment Code 4176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does riot include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal,state,or local governmental entity or ar, agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a pu rchase or lease of goods or services from a person that is ch artered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Govemment Cade 4176.003(a)(2)(A)and(131: {a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor= (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 irrvestment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govern mental entity and vendor has been executed; or (i i) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local govemrnent officer ora family memberof the off icer one or more gilts 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 (i i) the local governmental entity is considering entering into a contract with the vendor Local Government Code 41MOWN)and(a-1) i a;. A vendor shal I f ile a oompl ated confI ict of i nterest questio nnaire if the vendor has a bus iness rel ationshi I_. 'with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a fam ily member of the officer.descri bed by Section 176.003(a)(2)(A); (2) has given a local government officer of that I oval govern mental entity,or a family member of th officer.one or more gifts with the aggregate vat ue specified by Section 176.003(a)(2)(B),excludi ng any gift described by Section 176.043(a-1)1 or (3) has a family relationship with a local government officer of that local governmental entity_ {a-1) The completed confI ict of interest questionnaire must be fi led with the appropri ate records admin istrato r 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,described by Subsection(a); (B)that the ven dor has given one or mare gifts described by Subsection(a);or (C) of a family relati onsh ip with a local government officer_ Form provided by TexasEmicsCommission wwmv.ethics.state.U.us Revised111fi 2' 41 of 53 ATTACHMENT-B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes(real and business personal property) paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. (Company Name) (Date) (Signature) (Printed Name and Title) 42 of 53 ATTACHMENT C—VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: Phone: Fax: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date 43 of 53 ATTACHMENT D—DRAFT SERVICE AGREEMENT The draft service agreement is attached as a separate document. 44 of 53 EXHIBIT D CONTRACTORS BID RESPONSE FORTWORTH. ITB NO.22-0115 BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-22-0115 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Animal Shelter Technician 200 Texas St.(Lower Level, South) Start Time Finish Time Fort Worth TX 76102 04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Legal Company Name: [�neld4i. 1nau 14*190464 C>J., 4',or+h Company Address: 400,It CCp5t2j,J3. Dt2 City,State,Zip: �.. 41^e u". `[ :; 4,11C� Vendor Registration No. nn p�j 4,4S Printed Name of Officer or Authorized Representative: S Title: ICC, Signature of Officer or Authorized Representative: Date: Email Address: lc Qr-� Phone Number: 841. *33,zi. 7 " Federal Identification Number(FID): "1 9;', 0h 12 343 Will agreement be available for Cooperative Agreement use?Yes _No Pam. t ITB No.22-0015 Animal Shelter Technician Page 2 of 27 45 of 53 FORT WORTH. BID SOLICITATION Event 10 ~� Page Invited: PUBLIC EVENT DETAILS CFr701-22-0115 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE-Purchasing ITB Animal Shelter Technician 200 Texas St.(Lower Level,South) Start Time Finish Time Fort Worth TX 76102 04/20/2022 07:00:00 CDT 05/05/2022 13:30:00 CDT United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Oescription: fktr _ Unit UnitPrice Total_ Animal Shelter Technician,per attached 20000.00 HR specifications. V L } The unit pace is the hourly bill rate. �1. Employee Hourly Pay Rate. Total Bid Amount: ITB No.22-0015 Animal Shelter Technician Page 3 of 27 46 of 53 Proposal for City of Fort Worth ITB NO.22-0115 Submitted by Goodwill Staffing Services a division of Goodwill Industries of Fort Worth References: City of Fort Worth Code Compliance 4900 Martin Street Fort Worth,TX 76119 817-392-7027 Texas Department of Transportation Greg Gorecki District Construction Administrator 2501 SW Loop 820 Fort Worth Texas 76133 817-370-6517 Office of Attorney General Marlyn Norman R9 Regional Assistant 2001 Beach Street Suite 700 Fort Worth Texas 76103 817-834-7036 Firm Experience and Qualifications. GSS has generated 7 million in sales in the past 2 years,placing over 500 individuals into temporary positions. We are one of two suppliers in temporary personnel for the DFW area in the state set aside program. In the past two years we have only had to provide three waivers for positions we were unable to fill in the state set aside program.We also have contracts with cities,counties and federal agencies. Our experience lies in not a specific core service but in finding the right individual for the right position. With over 48 years combined experience,the City of Fort Worth would be receiving a quality team that understands the temporary employment industry. With this experience we can also alert the City of Fort Worth in any trends we see emerging in temporary employment thus being a proactive partner. GSS believes that we partner with each of our customers so that your temporary staff become an integral and seamless part of your business. GSS has built a reputation by responding to our customers in a timely and professional manner. Telephone calls and voice mail messages will be returned within an hour. In addition,we do a large amount of communication via email and respond to them upon receipt. Routine temporary requests are 47 of 53 filled by the requested start date,if a same day assignment is placed then every attempt will be made to communicate the availability of the employee with one hour.GSS guarantees the quality of our employees. If for any reason you are not happy with the performance,let us know within the first 8 hours and a replacement will be provided. A background check that covers all 50 states are conducted on temporary employees and they are required to complete an 1-9 before starting their first assignment. Goodwill Industries has Federal Contracts that require us to go through this process. Drug Screenings are conducted by GSS as a position requirement for City of Fort Worth Animal Technician. Work Plan Goodwill Staffing Services(GSS)is a full-service temporary employment service. We are committed to providing skilled,dependable employees who always have a positive attitude and a desire to work. We have been a member of the community for 73 years. We have three employees that are available to the City of Fort Worth full time Monday thru Friday from 7:30 to 4:30 at our Fort Worth office.We are available by cell phone at any time.Traditional recruiting methods are used to ensure we have ample supply of temporary personnel. In addition,we are in a unique recruiting environment due to the mission of GSS and a Workforce Development Team. Goodwill actively pursues job opportunities for individuals with disabilities and other barriers to employment therefore we appeal to individuals that may not take advantage of traditional forms of recruitment.Goodwill Industries of Fort Worth has a job resource centers to assist members of the community to find employment through programs like Google Digital skills and assists in our recruitment efforts. Furthermore,Goodwill has a partnership with Indeed to further employment opportunities. GSS believes in treating candidates with dignity and respect and work to make sure the best fit is made for both the candidate and the customer. Because we invest so much into the process a large portion of our recruiting is done by referral.As we pursue our mission,we also make sure our candidates are work ready,professional in appearance and capable in the requested job duties. Each employee has been thoroughly evaluated by an experienced staff. Previous work experience of the individual is thoroughly reviewed and if general clerical skills are required,they will be assessed. Key Personnel Kimberly Smith Vice President GSS 23 Years with GSS,40 years industry experience Jennifer Moore Manager GSS 8 years as Manager,2 years as Staffing Supervisor Mandy Mann Staffing Supervisor GSS 3 years'experience 14 48 of 53 Jennifer Moore would be the primary contact for the City of Fort Worth. Mandy Mann is her back-up and they are both cross trained on the other's position. Kimberly Smith would be back up and has 40 years'experience in the staffing industry. Price,Total Cost of Ownership There is no hidden cost to the City of Fort Worth when utilizing GSS. We cover all federal and state taxes,workers'compensation and employee pay rate. The rate we quote to you includes all that in an hourly charge and the hours are approved by your departments when they sign the weekly timecard. 5 49 of 53 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing bushtess with local governmental entity This>pmdottneiro relbas chaagba numb to Ibo hm by Ka 2%84th Leg.,Rapist Res Won. OWCE USF ONLY This questiwwma is bofnp tit in wimrdance with ChWar 176.Loral(iovammant Code by a vendor who DaW PpmvW rtos a buWnesa relabonbhtp as dafhlad by Secboa 176001f1,al with a locol grtvarnmanmf onfity aril Uw vgrw moats toquirawnts tatdar SBCCtlarl 176 D06(411 ay saw ft gi eswrinau must be hied wdh the roeards afthotmiar of ate focal ouvernmontal onny not law tlmn the 7th hmms day after fhe data tine vendor beour>sn awa m of tars that regtsu the iut merit to bo f ed See Section I M O GWI i L.ocW Govemmart Coda A vendor commas an of mw 9 the vendor Arioawhgyy vipWw Section 176 006,LDmi G mernmom Cola.An dfar=Wwar ibis maim rs a rrimdartiarwr .1J Name of vendor who has a buairwbt rsdotlonatdpwith local govemmvntsl wrtitly, 2 ❑ Chook this box tl you are lilhrg an updsib loa ptavlauaty hied quostionnalm.(The law requires that you file an uPd3t6� completed questiorinaite with the appropriate fi}nq authority not iator than the 7th business day after the data on why h you bocame mvwo that ow originasW fled quostionnane was Inoomplele or inaccurate I 3 Noma of local governtn4nt oltiear about whom the btFonnidion Is being dimlosed, f�l !A of off-car 4 Doeoribo oath amploymbM or other buW ass rabdonshlp with the local gottorernrord ofltow,or a family mombor of Iha officer,as dasorM ad by Scanlon 1 T8. X*M(l). Also dasoribo airy tornfhl ralatlonship with tla local gova mmant officer Compbta subparts A and B for each emptaymbnt or bustnass mbdionsfdp described.Aftsch addlirkmal pages to this Form CIO as nocasaary. A. Is the local government officat or a family member of the oNiogr rocetving or I:katy to receive taxable incomo omen than investment income.from fhe vendor? F7 Yea a No B Is fftta vandof taoelving or Ikely to receivo ttuuble mcomo,other than ImTstment income,from oral the dnoctio- of We local gavernmanl officer or a family member of the efficar AND ate taxable income is not received from tho IpGal ao+ommorrW entity? F7 Yea F--j No s Dotittrlbo each omptoynant of budni so ratationship that the vendor named In Bactlan t maintains with a cofporotkm or otter bu striess entity wtih mispect to which the local government offFoar servos as an officer or director or holds on ownership inter o of one perobril or morn. 6 Check this bar it the vendor hu onren ffte local owwrinent after or a family membw of the offr-or onto or more gift as decabod in Section 178.003(a)(2)(B).excAsding gifts doscribad in Section 176.003(a-l) 7 ute ass WO=psvernrnat Frnni vn+tr>ad br igxa5 Ethics Cornardssion Wr W athics.7laia Ix LLB t vm: oRc,,.d b V..- ITB No.22-0015 Animal Shelter Technician Page 23 of 27 50 of 53 ATTACHMENT-B CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address. b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] -- t 069JO 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? 1900 b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company(for prior tax year--Fort Worth office or former location, if Fort Worth office is newly- established)? +qm e A hnn- PLO" Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,under penalty of perjury. (.,dnt "'3111 c�uL-i�/teS d� �nt�- W��,►.�L� 5 "�'aa (Company Name) (Date) igna re) qPrInted Name and Title) pn.rJ A�7)a ITB No.22-0015 Animal Shelter Technic an Page 25 of 27 51 of 53 ATTACHMENT C—VENDOR CONTACT INFORMATION Vendor's Name: 't 4 Grp Vendor's Local Address: q Q Q S CQx,n,nc & !beige Phone: g 1 , 332- '79 6t, Fax: Email: Name of persons to contact when requesting services or billing questions: Name/Title Phone: 00I7 • 15:1-'Z LL 14 AOb6 Fax: Email: ',r,nra .� Gem %,-UU nc-f- Reg- Name/Title prna Phone: S f..l. x aU 65 Fax: $1-1 • 31• �l'10 �o Email: Name/Title Phone: OW Fax: I'l• �3�-�yd� Email: "ryk j*j,0. t j,ti+tYY_'�+-► {�tCi _ Will your company accept P-card payments? yes ve", no Si ature Printed Name Date Ni5dE4l,y.jjPl ITB No.22-0015 Animal Shelter Technician Page 26 of 27 52 of 53 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY �stu] W ... €.Abe-- - warms Ana � �.�.•�,� �_ tFor-%.- Lq ae--!d t-t.Mai� Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor.Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: 4,4; 4 161 Position: 4;qs, (3 �1c„} C�,o� �p Gtr44mng V tc�S 40 nature or 2. Name: Position: Signature 3. Name: Position: Signature Name: natu�ofresident/CEO Other Title: Date: f Z- ZOZZ Vendor Services Agreement Page 14 of 14 53 of 53 7/1/22,2:56 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT�� Create New From This M&C DATE: 6/28/2022 REFERENCE**M&C 22- LOG NAME: 13P22-0115 ANIMAL SHELTER NO.: 0529 TECHNICIAN CC CODE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Non-Exclusive Agreement for Animal Shelter Technicans with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County for a Combined Annual Amount Up to $420,000.00 for the Initial Term and Authorize Four One- Year Renewal Options for an Amount of$441,000.00 for the First Renewal, $463,050.00 for the Second Renewal, $486,203.00 for the Third Renewal and $510,513.00 for the Fourth Renewal and Ratify Expenditures in the Amount of $100,000.00 for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize execution of an agreement for animal shelter technicians with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County for a combined annual amount up to $420,000.00 for the initial term and authorize four one-year renewal options for an amount of$441,000.00 for the first renewal, $463,050.00 for the second renewal, $486,203.00 for the third renewal, $510,513.00 for the fourth renewal and ratify expenditures in the amount of$100,000.00 for the Code Compliance Department. DISCUSSION: The Code Compliance Department approached the Purchasing Division to finalize an agreement for animal shelter technicians. Under the proposed Agreement, the vendor will provide temporary workers for animal shelter technicians to perform animal care tasks and shelter upkeep to maintain a clean and disease free environment for impounded animals. To procure these services, Purchasing issued an Invitation to Bid (ITB) No. 22-0115 describing the personnel required experience and duties. The ITB was advertised in the Fort Worth Star-Telegram on April 20, 2022, April 27, 2022, and May 4, 2022. The City received two bids. An evaluation panel consisting of representatives from the Code Compliance Department reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. F_ Bidder Evaluation Factors --Fff--F— C. Total Score Goodwill Industries of Fort Worth TO0 F.OFO F 40 70.00 Presbyterian Night Shelter of Tarrant County Fi3 0 5.3 5.5 ��59 64.39 Best Value Criteria: a. Contractor's Qualifications, Experience obtaining worker for an animal care facility, and References b. Availability of resources to provide services (personnel) c. Companies who advocate and provide second-chance employment opportunities d. Cost of service apps.cfwnet.org/council_packet/mc_review.asp?I D=30081&councildate=6/28/2022 1/3 7/1/22,2:56 PM M&C Review After evaluation, the panel concluded that Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County presented the best value for the City. Therefore, the panel recommends that Council authorize this agreement to Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County. It is recommended that multiple non-exclusive agreements be awarded to the listed vendors to ensure services are available without delay. Under these non-exclusive agreements, departments will order services according to lowest cost and availability. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendor bid met specifications. It is also recommended that each annual award amount include a 5\% increase in cost per year. Further, it is requested that City Council ratify expenditures in the amount of$100,000.00. This expenditure is needed for animal shelter technicians for the months of May, June and July 2022. Funding is budgeted in the Other Contractual Services account of the Code Compliance Department's rollup within the General Fund. AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. DIVERSITYAND INCLUSION (DVIN) -A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL TERMS: The contract may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Reginald Zeno (8517) Valerie Washington (6192) Ori inatin Department Head: Anthony Rousseau (8338) —g g—P Brandon Bennett (6322) Additional Information Contact: Cynthia Garcia (8525) Cristina Camarillo (8355) apps.cfwnet.org/council_packet/mc_review.asp?I D=30081&councildate=6/28/2022 2/3