HomeMy WebLinkAboutContract 58038 CSC No. 58038
A REENLENT FOR PR FES,SIQ_,NAI_ SERVICES
THIS AGREEMENT T ("Agreeineint") is made and catered into by and between THE CITY OF
F RT W RTII, a Texas home rLde municipal corporation ("City"), acting by and through its
duly autborized Assistant C;ity Manager. and GcoSpatial Training S-ervices, LLC:, authorized
to do b -less in Texas ("Consultant").
RECITALS
WHEREAS, City desires to obtain training ror the Transportation and Public Forks
Dcpartffient For professional development of staff;
WHEREAS,, City desires to hire a professional knowledg ble and c perkenced in
training services related to professional development;
I IEREAS,Consultant has represented that it i,%knowledgeable and experienced in providing
seirvi"_ ; f zratning-on professionai development; all
B I AS; City and Consultant mialually &sire to enter into a contract for C'onsuttani
to perfin traiai.ng services for the Tramgport,atiora and [lub]ic Works Department.
�W, THEREFORE, in consideration of the mutual_ covenants herein expressed, the
parties i e as follows_
AGREEMENT
1_ Services- Consultant agrees to provide training. at the location specified by the City, to
staff'%viti;rn Lbe Transportation and Public Works DepartmeriL on September 19 and 20, 2022 (the
"Event`))' as -]Mailed in Exhibit A; at tachcd hereto and incorporated herein for ali purpos s
"Scrvic "). Ciry emp]ayees,will be participating in this tratnsug as a required Part of their duties.
City ur be responsible FOT providing appropriate space and any nece,sary audio/visual
equipmeit requested by Consultant to the,- extent sucb is available. C}onsultanL shall advise City
of any n&,ds regarding equipment within five days of the first day Services will be Provided.
1 _Terra. The term of this Agreement shall be for�i Lean beginning on the date executed b
the Cite Assistant Citv Manag r(the "E lfective Date")and ending on the conclusion of`5erviccs
and paylpesnt afthe Foe(as defined bidow), unless this Agreement is tcrnr�mtedcarlier as provided
here in:
3. 1 ee. In consideration of the Services to be performed hereunder by Ccrosultam, City
promisds' nd agrees trr pay Consultant an amount not to exceed 5,800.00 ("Fee") as Full and complete
compensation lby Lhe Services to be perfoiaaed hereunder, including any and all expenses incurred in
connectip. with performance of the Services_ Upcm Lull and complete performance of the Services,
City shailllpay Comultant the Fee corisistent with the Texas Prompt Payment Act.
OFFICIAL RECORD
Pttt essi l l Services A�€cna= with Ge .9patial lYaini -ng Services, LL CITY SECRETARY I of
4 FT.WORTH,TX
4. Termination. Either party may cancel this Agreement at allay time and for any by
providing the tither party with ten days' written uoti r,f termination. Upon C.onsultaiaes rweipt of
suer no;icc by City;Consultant shall immediately discontinue ail Services and the placing of all ordcts
or the entering into of contras Ls for a I I supplies, assistance, facilities and materials in connection with
the perkmnance of this Agr-"ment, wid shall proceed to uauccl promptly all existing contracts insofar
as they are chargeable to this Agreement_
. I
Inde endent Corntractor_ Consultant shall operate hereunder as an independent contractor
and not aEi an officer, agent, servant. or employee or City. con sUltant shall have exclusiva control of
am the-cAclusive right to control the details of Lire Services performed hereunder, and ail pe sons
perfomii same, and shall be solely responsible for the acts and oniLissi tis of its off=rs, agents,
servant. Lmployees, and subcontractors. The doctrine of respoildeat .superi i- shall not apply as
betw en the City and Consultant, its officers, agents. servants. ernplovecs, or subcontractors. and
oothing:l~e' Teu� shall be construed as creating a pariners-hip or joint enterprise between City and
Consultant. It is expressly understand and agreed that no officer, agent,cmpinyee. or subcontracu)Tof
CrrosUltan� is in the paid suvice of C:ily-
. ;ihdenmification- C:ONSULTANTCO ENANTS AND AGREES TO INDEMNIFY,DOLT]
HAR 1SS AItiD DEFEND, AT ITS OWN E PENSE, CITY AND Tl$ OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS CFTC SUITS
FOI PR PERT-Y LOSS OR DAMAGE AND/OR PERSONAL l.NJ-L RY. I.NC LUDING DEKfK TO
ANY AND ALL PERSONS, OF WHATSOEVER KJND OR CHARACTER, WILETHER R-E-AL
OR A .I RTED, ARISING OUT OF OR IN CONNECTION WITH THE NXLC'LiTION.
PERFO1 lA lCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THTS
.AGITEEMIENT AND/0 TTIF OPERA`1iONS, ACTIVI'I`[ES AND SERVICES DESCRLBED
HMI EIN, WHETHER OR NOT CAUSFiD, 1N V4fHOLIE OR FN PART, BY ALLEGED
EGL}r lkNCE OF OFFICERS, A .ENTS, SERVAa�'YS, EMPLOYEES. CONTRACTORl S,
OR SUBCONTRACTORS OF CTFV; AND CONSULTANT HEREBY ASSUMES ALL
LIABILITY- AND RESPONSrBTLITY OF CITY AND ITS OFFICERS, AC;L-NTS, SERVANTS,
AND 04l LOYEES FOR AIRY AND AI.,I. CLArMS OR S1ti,Tl'S FOR PROPERTY LOSS OR
DAMI A 8'A 'DlOR PERSONAL [NJURY,INCLUDI U DEATH,TO ANY A1ND L.L PERSONS.
OF 1&S0FVL-R KTNDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OIL''OR RN CONNECTION WITH THE EXECUTION. PERFORMANCF., ATTE pT
PERFORMANCE OR NON-PERFORMANCE-PERFORMANCE OF TMS AGREU NT AND/OR THE
OPERAT70NS, ACTIVITIES AND SFRVI[:ES DESCRIBED HEREK WHETIiER OR NOT
CAUSED IN V4 ROLE OR LN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,
A'GENTJ SERVAN-f , iE MTLOY EES, CONTRACTORS OR SUBC:O TIlrACTOR OF
CITY. SULTANT LIKEWISE COVENANTS AND AGREES TO AND DOES HE EBY
I bE W-Y AND IIOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAU:1 OIL DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR I t
CON EMION WITH ALL ACTS OR [MISSIONS OF CONSULTANT. ITS OFFICERS,
MEMBERS. ACrENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES. LICENSEES, OR
PROGRAM PA Tic iPA 'rS, WHETUER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGIKD NEW ENCE OF OFFICERS, A F- TS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF ]TY.
Prur ssi011al Services Agreement wikh GcogNlialT'raining Savices, LLC: 2 of7
ONSULTAW AGREES TO AND SHALL RELEASE CITY. ITS A L trS,
E WLO 't 1:_S, OF1 ICF,RS AND LLCTAL REPRESENTATIVES FROM A[ZLIA13FLITY FOR
FINJU Y. DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAiINTED 1
CONNIECTION WFM OR 17NC'IDENTAL TO PERFORMANCE, UWDER THIS ACTT EEMENT,
EVEN IF `1'II-E INJURY, DEATFI, DAMAGE OR LOSS IS CAUSED BY CITE 'S SOLD; OR
CONCURRENTNEGLICENCK
6nsultant shall require a I I of its subcontractors to -nclude in their subcontracts a release and
indcnin1 in favor cif City in substantially the sate form as above,
This&!union 6 shall survive the expiration of term ication of thiSAgreement.
7. Assignment. Consultant shall net sign Or subeontrnai�t all nr any part of its rights,privileges
or duties ainder this Agreement without the prior writum coins t of Wiry, and any attempted
n
assig t of subero-almct of same without sru;h prior written appmval shall be void and constitute a
breach dr is agreement.
_ ornpliance with Law. Consultant, its ()frIcers, agents, cmployces and subcontractors,
stall abjo by and comply with al l laws,federal,state and meal,including all ordinances, rules and
regtllati. s of itY. It is agreed ar3d understood that. if City calls to the a#tcntio-n ofCcrosultant
ally sue violatiou on the part of Con mitant or any of its offices, agcnrs ertV10yv or
subcon R tors,then C'omultmit shall immediately desist from and correct such violation.
9. on-Di.Cr7�ation. Cons-ultant, in the execution, erffrrnimice or attempted p p ed performance
of this itract and Agreetrttnt, will not disc;rinAnate against any person or persons because of
disabili age, farm lial status, sex. race, religion, color or national nrigiu, nor will Consultant permit
its -offici, agents, ernployces, or subconuactor- to engage in such discrimination.
-1 his Agreement is made and entered into with reference specifically to Chapter 17,Art icte] I,
Division �, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"),
and Consul taint hereby covenants and agrees that Consulmat, its agents,.employecs and subcontractor:,
Dave fill I omplted with all provisions of same and that ino-employee or employee-applicant has been
discrimio ed against by either Consultant, its agents, employees or subcontractors.
10, R ight to Audit. Consultant agrees that the City shall, until the expiration of three (3)
years after float payment urn&r this Agreement; have access to end the right to examine any
directly pierdnent hooks, documents, Papers and records of the Consultant involving transactions
relatiagto 61is Agreement. Consultant agrees that the City shall have access duringt3onnaal working
hours to all:rtecessary C oasu.lmnt facilities and shall be pre ided adequate and appropriate workspace
in order to conduct audits in compliance with the provisions cif this section. The City shall give
Coil sultatlixeasonable advance not 1ce of intended audits.
Consultant further agrees to include in all of its squbcontmctnT agmemtmts hereunder a
provision to the effect that the subcontractor agrees that the City shall, c,ntiI the expiration o f'threc(3)
Years after I Ina] paymem under the subcoTitract, have access to alad the right to examine any directly
pertinent books. documents, paper, and records of such sub�cantractor involving transactions to the
subcontr4ct and f'urlfier that City shall have access during normal working.hours to all subcontractor
ProFessiuma4 Serviccs greemvat with Ci Spatial Training Servid; s, LLC 3 of 7
i
I
f ilitie : and shall be provided adequate and appropriate workspace in order to conduct audits-in
complia a with the provisions of this PamgmPh- City shall give subcontractor reasorsable advance
notice of Intended audits.
This Section 10 shall survive the expiratiOR or termination of this Agreement.
it, Fiscal Funding Out, In the event no funds or insufficient funds are appropriated by the City
in any fsval peri€rd for any payments hereunder. Clry will 110tifY Consulta-M of such occurrence and
this A .- Out shall terminate urn the last clay of the fiscal pefioad t€�r which appropriations urea
received';�vithout penalty or expense to City of arty kind whatsoever, except as to the portions of the
paymnni Therein agreed upon for which funds shall have been appropriated.
12. ntFre A Feemerrr. This �vritwn instrujnent constit-utes the entire agreement by the parties
heretoo0ncerrling the girls and services to be performed hereorider. and any prior or
contempotancous, oral or written agreement. which purports to vary from the teams hcre€lf shall be
void.
13. enue and Jurisdiction, Should any action- w.heIher real or asserted,at law or inequity, arise
out of t>i6Iexecutnon, pe.rforrmnce, attempted pe orr ante of thig Agreement, venue for said action
shah lie Tarrant County, Texas.
14. lotic Aloti"s to be provided hereunder shall be sufft`ient if forwaMed to the other party
by hand'd li very or via U.S. Postal Service certified rail, postage prepaid, to the atfdmss of the other
parry slam b-elow-
City ofFpo t Worth- -Transportation and Public Works Departinent
200 I exas'Street
1*ort Wet h, Texas 76102
(817) 39 -.8973
Eric Pitr l kr
Gcospa&A Training Services, LLC
215 � ndera, 4114-104
Boerne, TX 78006
210-260-499
. i
l ten-Waiver. The failure of City or Consultant to insist t,porn the performance of any
terns or p, `vision of this Agreement or to exercise any right herein conferred shall not be construed
.as a waiver or rel inquishmen i to any extent of City's or Consultant's right to assert or rely upon any
such term Ic r right on any future occasion.
16- Msclosnarc of Conflicts- Consultant hereby %varrants to the City that ConsultaiN has made
full discld ure in writing of ny existing or potential conflicts of interest relate! to Consultant's
services dat propoW services with respect to the Services- in the ev t that any conflicts of interest
arise allefi:ghe Effective Date of this Agreement, onsultara hereby agrees imtnediately to make full
disc]osure to the City in writing,
Professio>�Scrvice&AZmemcnl with Gea patial Training Survi;ces, 1-1,C 4 of 7
itv acknowledges th,Rt Consu1taut Wray use products, materials or methodologies
propric to Consultant. TTie City agrees that Consultant's provision of services under this
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products,
materials methodologies unless the parties have executed a sepaaate written agrccrnt:T,t with respect
thereto- Not ithstandiag the fbregoin , Consultant understands and agrees that the City is subject to
various public- information Jaws and regulations, including, but not limited to, the Texas Open
Records Act. Corrsultant. liar itself and its offietrs, ageniq ;sod employees, fiir€her agrees that it shall
treat all irrforrnation prx vtcled to it by the City as confidential and shall not disclose any such
iafonnafion to any third party without the prior written appmval of the City,
17- -8everahiLity.If anY provislo-n of this Agreement is held to bE invalid,illegal or Lnenforceable,
the validil , legality and enforceability of the remaix1ing provisions shall not in any quay he affes.#ed
Or impad-
1 . Force Ma'eure, The City and Consultant- shall exercise their hest cll=ortg to meet their
resp-ectivc duties and obligations as set forth in this Agreement, but shall -tot be held liable #br any
dolay or Mission in performance due to force rnajeure or other Causes beyond their-reasonable control,
including,j but not limited to- acts ofthe public enemy, fire, strikes, lockouts. naLural disastm,wars,
riots, rnersal or labor restrictions by any governmental authority andJnr any other i rnilar causes.
19. Meadin&g not ontr liin . Headings and titles used in this Agreement arp for refer ce,
purpose*vnly and shall not be deemed a part of'thii Agreement.
IN WIT �SS WLLEREOF, the parties hereto have executed this agreement to be effective on
the EfFettivc Date.
BY: B :
CITY FORT WOkTH CiEC) P TIAL 11�A1 fl�1CC M- VECE , LLC
rj
William Johnso„( 29,202214:48 CDT)
ilj3 Y Johmon Ene Pi pler
A 4 :stan t Ci ty Manager 4��nnn� €'resident
a n
D2u-: Aug 29, 2022 po�°FURr°0
late:
o
— Gti °��d
*{ 9,000
i7a�r�re��ef GoodglG >Z
lannette Goo"I
City ec ary
OFFICIAL RECORD
APPROVAL RECOMMENDED: CITY SECRETARY
FT. WORTH, TX
Pruf{ssiondl Nery ices Agreemeni with GeaSputial Training Scrvicaa, 1,Ltr 5 of 7
Z--�Pam,
By,
Lauer Prieur
TIl[�riIIt l hector, I'rallspuriation and Pub Iic Works
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
pYafes iotig crvicem AgK"merit w4b GeoSpatiai Training StrvEecs,LLC 6 of 7
APPR � AS TO FO 1R h' L . A>�ITY Form 1 5 TwI� . nfa
DO M&C No.: n/a
i3y:DRIack(Aug 29,202210:46 CDT)
IJ 0glas W Black M&C Dates
Sf, Assistarit City Ait(!nacy
contraei OMPIWIM Manager`_
By signs 7 P acknowledge that I Etna the person responsible for.the mon:.toring and admi-nistmfibn of
thls COf3 et, iac rt€ing ena rfir ail performance and report�g requirements_
Elizabeth oung(Au 2, 16:27 CDT)
Elizabeth uuRg,i3usittess Prone % Mager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Prof'assiorW:.So-rvicas Agm- men# wits, (iu�aspatiai TrHtning &er.,ices, LLC 7 of?
i
Exhibit
PROFESSIONAL SERVICES TO BE PROVIDED
( ity's requested services acid Consultant's respoinse)
A .
�T �Spofia QUOTE
I
gjjt5p,ajW Training Send es, LLc QL*TE 12N ezmt
T—Afnp ju GWT�Pr��ks:, BASE MMMU 4,2021
213 w 5mukea, Ai is-io4, sGemP. T.[ 7
gym[ t 1 a.2m-4941 Tax IIT, 20-2&9 F.L53
Eric Prem"
attp;+I'xlrw.te+e�arkR�lra�lirtp,cnm
5�" Jait�YMLKJ
b1ty at Famt worth
F-d7NE141 Irffq omq ❑LLK wJm — —
i3 rx r DESr2M-q h911 LOU] r1a¢ orrrnmi 1 p�TpT�-_
Ar G S Pm T►oinin: in-Person i 1U. 5900.DR
I
TUTAL DDELO 116H
R1fiTOTJ4L ' �
SAE TAX
'WrAL 340R Q7
TFIMIK Y(A) FOR YCLJk 131 PANES !
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions:Fill out the entire form with detailed information.Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal,please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Section 1: General Information
Requesting Department: Transporttion and Public Works
Name of Contract Manager: Elizabeth Young
Department's Attorney: Doug Blac
Item or Service sought:
Goods: El
Service:
Anticipated Amount: $5800
Vendor: Geospatial TRaining Services
Current/Prior Agreement for item/service: Yes ❑ No
CSC or Purchase Order#: f INSERT PREVIOUS CSC/PO#OR N/Al
Amount: f INSERT AMOUNT OR N/A]
Projected M&C Date: [INSERT DATE OR N/A]
How will this item or service be used? Geospatial Training Services has provided high
quality training opportunities for GIS professionals since 2005. Eric Pimpler is a certified GIS
Professional(GISP). A GISP certification designates that a GIS professional has met standard
requirements for education, experience and conduct as set by the GIS Certification Institute
(GISCI).To be considered a GISP, an individual must have at least 4 years of experience, meet
the requirements of the Portfolio Review, and pass the GISCI Core Techincal Exam.He has
taught as an instructor to organizations and at the college level for over 20 years. Eric has taught
this class, ArcGIS Pro, since 2016. The professional services will be used to train city staff on
Page 1 of 7
the new version of GIS software being deployed. This is a major change with an all new look,
feel and name for the software. The current software will be depricated by the software
company in March of 2026.
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No
If yes,please provide requisition number or brief explanation of contact with
Purchasing Division: (DETAILED DESCRIPTION]
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole-source exemption, complete Section 3.
Please indicate the non-sole-source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
n A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
n A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
M A procurement for personal,professional, or planning services;
n A procurement for work that is performed and paid for by the day as the work
progresses;
n A purchase of land or a right-of-way;
n Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
❑ A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
n A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
n Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
Page 2 of 7
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
n Services performed by blind or severely disabled persons;
n Goods purchased by a municipality for subsequent retail sale by the municipality;
n Electricity; or
n Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.
The training requested is specialized to focus on the newest ESRI software product ArcPro. By
bringing in the professional service we are ensuring training consitency that focuses specifically
on the City needs and not a generic training class that includes an itroduction but also incorportes
editing not always available in the Introductory class. The City of FortWort hwill be required to
move to this software by March 2026 because the existing software will no longer be support by
that time. Training is provided by
Section 3: Claimed Sole-Source Exemption and Justification
NOTE - For any non-sole-source exemption, complete Section 2.
Please indicate the sole-source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
n *A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents,copyrights,
secret processes, or natural monopolies;
• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum,park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
Page 3 of 7
How did you determine that the item or service is only available from one source?
(EXPLAIN HOW YOU DETERMINED EXCEPTION APPLIES (RESEARCH,
COMMUNICATIONS, DOCUMENTATION)]
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
f SHOW YOUR RESEARCHIWORK THAT LEAD TO YOUR CONCLUSION]
Did you attach a sole source justification letter? ❑ Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
(DESCRIBE THE UNIQUNESS OF THE ITEM/SERVICE THAT QUALIFIES IT AS A SOLE
SOURCE
Section 4: Attorney Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? M Yes n No.
Was there anything attached to this form that was relied on in making this determination?
❑Yes M No.
If yes,please explain:[DESCRIBE ATTACHMENTS CONSIDERED]
Was there anything not included on this form or attached hereto that was relied on in making this
determination? n Yes n No.
If yes,please explain:Self review of GISP certification requirements.
Will the standard terms and conditions apply? M Yes n No.
Will the contract require special terms? ❑Yes M No.
Will the contract require review by the department attorney? M Yes n No.
Approved By:
Page 4 of 7
Date: 8.22.22
TV or Paris /Jessika Williams
Assistant City Attorney
Page 5 of 7
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemptions that could apply to City purchases.
If you have questions about the information provided or need additional information, please
contact your department's assigned attorney or the appropriate purchasing attorney.
1. A procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
Examples of activities that have been found to fall within this exception include ambulance
services; solid waste collection and disposal; and first-responder safety equipment such as
breathing apparatus for firefighters and bullet-proof vests for police officers.
2. A procurement necessary because of unforeseen damage to public machinery, equipment,
or other property;
Examples of this type of procurement would include repairing or replacing roofs and
windows damaged by hail or a tornado. But parts and services for routine maintenance or
replacement of old, worn out roofs or windows would not meet this exception.
3. A procurement for personal,professional, or planning services;
Personal services are ones that are unique to the individual providing them. Therefore
personal services contract cannot generally be subcontracted or assigned.
Professional services are not defined under Chapter 252, so there is no precise definition
to follow. There is no universal definition of this term, however, "several cases suggest
that it... is `predominately mental or intellectual, rather than physical or manual."' Tex.
Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160
S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has
also opined that "professional services" no longer includes only the services of lawyers,
physicians, or theologians, but also those members of disciplines requiring special
knowledge or attainment and a high order of learning, skill, and intelligence. Id.
Facts needed to support a professional service exemption include the specialized
requirements of that profession and the mental and intellectual skill required by the person
while performing the service. Purchases of goods are not professional services.
4. A procurement of items that are available from only one source.
This exemption is commonly referred to as the sole source exemption. In determining
whether a purchase is of a good or service that is available from one source, you should
not consider price or time to receive the good or service.A sole source does not exist solely
on the basis of personal or departmental preference or a desire to keep all units the same
brand or make. The information needed to support this exemption is that no other provider
Page 6 of 7
can provide the service or category of good except for the vendor you are proposing. Some
examples of sole source purchases include service agreements when only one vendor is
authorized to work on the equipment by the manufacturer and allowing another vendor
would void the warranty; purchase of a good that is copyrighted or trademarked and only
provided by one vendor.
Page 7 of 7
FORT WORTH.:.:
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Geospatial Training
M&C: CPN: CSO: DOC#:
Date:
To Name Department Initials Date Out
1. Elizabeth Young TPW-signature EDY Aug 26, 2022
2. Monty Hall TPW Aug 27,2022
3. Lauren Prieur TPW-Signature «, Aug 27,2022
4. Doug Black Legal - signature wb Aug 29,2022
5. William Johnson CMO - signature Aug 29, 2022
6. Melissa Brunner CSO Aug 29,2022
7. Jannette S. Goodall CSO-signature � Aug 29,2022
8. Vania Soto CSO Aug 30,2022
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any
and all City Departments requesting City Manager's signature for approval MUST BE ROUTED
TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,
David will review and take the next steps.
NEEDS TO BE NOTARIZED: ❑YES ®No
RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: ®YES ❑No
Action Required: ❑ Attach Signature, Initial and Notary Tabs
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
Return To: Elizabeth.Camargo (a,FortWorthTexas.gov at ext. 8759 for pickup when completed.
Thank You!