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HomeMy WebLinkAboutContract 58970City Secretary Contract No. 58970 FORT WORTH. 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 PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY UPSPIRE PROGRAM ("Contractor"), a NON- PROFIT ORGANIZATION 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 — Contractor's Bid Response to City's ITB No.23-0007; and 5. Exhibit D — Verification of Signature Authority Form. Exhibits A, B, C, and D, 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 February 15, 2023 ("Effective Date") and expires on February 14, 2024 ("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 `B," 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. 23-0007) 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. 23-0007 shall be an amount not to exceed NINE HUNDRED THOUSAND Dollars ($900,000.00) 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 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 Contractor Services Agreement OFFICIAL RECORD page 1 of 22 CITY SECRETARY FT. WORTH, TX 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 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 Contractor Services Agreement Page 2 of 22 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. 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, FROM AND AGAINST ANYAND 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, INCL UDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. Contractor Services Agreement Page 3 of 22 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. 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. Contractor Services Agreement Page 4 of 22 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. Contractor Services Agreement Page 5 of 22 (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: Contractor Services Agreement Page 6 of 22 To CITY: City of Fort Worth Attn: Assistant City Manager Valerie Washington 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To CONTRACTOR: Presbyterian Night Upspire Program Attn: Kirsten Ham, Development 2400 Cypress Street Shelter of Tarrant County, VP of Workforce and Career Fort Worth, Texas 76102 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. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force 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 Contractor Services Agreement Page 7 of 22 Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. 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 1-9 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 Contractor Services Agreement Page 8 of 22 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 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 Boycotting Energy 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 Against 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 against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the Contractor Services Agreement Page 9 of 22 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. 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. 34. Compliance with Public Information Act Requests. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Contractor acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if. (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Contractor shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Contractor on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Contractor; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City. [SIGNATURES ON FOLLOW PAGE] Contractor Services Agreement Page 10 of 22 City Secretary Contract No. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: V&&I.&A-- By: Valerie Washington(M a r 6, 202309:03 CST) Name: Valerie Washington Title: Assistant City Manager Date: Mar 6, 2023 2023 APPROVAL RECOMMENDED: By: Name Title: Chris McAllister Code Compliance Assistant Director bp44UUnIl� ATTEST: a0p FOR.*o By: Name Title: �o oo pvo 8 8=d o r41-s Ya�4 ncdA4aoo, Jannette Goodall City Secretary CONTRACTOR: Presbyterian Night Shelter of Tarrant County, Upspire Program By: Name: Kirsten Ham Title: Vice President of Workforce and Career Development Date: Mar 3, 2023 '2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 8�y ACexaru7e� By: Barry Alexander (M a r 6, 2023 07:48 CST) Name: Barry Alexander Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: By: Name: Title: Amar Thakrar Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0069 (2/14/23) Form 1295: 2023-968286 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contractor Services Agreement Page 11 of 22 EXHIBIT A [.YK1]9BEQOLy04 ZAT/to] op 1. CONTRACTOR RESPONSIBILITIES — Contractor shall: a. 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: a. Silcox Animal Care and Adoption Center 4900 Martin Street Fort Worth, Texas 76119 b. North Animal Campus 351 Hillshire Drive Fort Worth, Texas 76052 Alliance PetSmart Charities Adoption Center 2901 Texas Sage Trail Fort Worth, TX 76177 d. Hulen PetSmart Charities Adoption Center 4800 SW Loop 820 Fort Worth, TX 76109 b. 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. c. 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 who has an assaultive, sexual, or violent offense discovered in their background check shall be assigned to the City within the written consent of the City. No worker is to be assigned to the City that has failed a drug and alcohol test with the Contractor. d. 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. e. Have sufficient staffing specifically assigned to the City 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 execution of the Agreement. f. 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. Contractor Services Agreement Page 12 of 22 g. 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 in this Agreement that is payable by the City to Contractor shall be the same for all shifts, day or night. h. Be responsible to schedule and/or rotate workers to ensure they do not qualify for overtime. No overtime will be paid by the City. i. 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. j. At any time the City may request a copy of background check performed on a worker. k. Ensure that no temporary worker shall arrive on City premises with any type of firearms or weapons, drugs or alcohol. 1. 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. in. Be responsible and liable for the safety, injury and health of its working personnel while assigned personnel are performing their duties on City property. n. Have an established office in the Dallas/Fort Worth metroplex. 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. o. Provide interpreters if non-English speaking personnel are assigned. An interpreter may be one of the assigned personnel. p. Shall appoint one (1) person who is an employee of the Contractor who will manage this Agreement and who will be the liaison between the City and Contractor. ANIMAL TECHNICIAN SPECIFICATIONS a. Temporary worker services shall be performed for one (1) shift, seven (7) days per week, including holidays or as requested and approved by a City representative. b. Hours of operation: 7AM-6PM. Shifts may vary between 8 hour or 10 hour shifts during hours of operation. c. 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. Contractor Services Agreement Page 13 of 22 d. Workers will be required to provide their own transportation to and from their assigned work site. a. The City will not reimburse mileage or parking. e. 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. £ 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. g. 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. h. If a worker leaves the worksite without permission, City will only pay for the hours worked. i. There shall be no obligation on the part of the City to hire any temporary personnel that are supplied by Contractor pursuant to this Agreement. j. 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. k. 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. 1. Temporary worker is recommended to have working knowledge of: a. Operations and services of an animal control program. b. Methods and techniques of animal control. c. Principles and practices of animal behavior and animal care. d. Principles and practices of animal investigations. e. Methods and techniques of animal first aid. f. Pertinent Federal, State and Local laws, codes and regulations. g. Principles and procedures of animal handling, collection, impoundment, quarantine and disposal. m. The listed duties shown in Exhibit C 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 duties required by the City, including but not limited to: Contractor Services Agreement Page 14 of 22 a. Under general supervision, performs animal care tasks and shelter upkeep to maintain a clean and disease free environment for impounded animals. b. Cleans kennel runs, cages, and shelter buildings. c. Feeds, waters, and cares for impounded animals. d.Relocates animals from trucks and cages. e. Euthanizes unclaimed and unadoptable animals. f. Documents animal dispositions in a computer record keeping system. g.Assists the public looking for lost or adoptable pets. h.Assists field officers in unloading, checking in and relocating animals in the shelter. i. Works in all environments; indoors and outdoors. j. Report observed health or behavior issues to lost and found supervisor/assistant manager. k. 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.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. n. 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. a. Laborers are expected to maintain high standards of grooming and personal hygiene. b. Long pants. Pants must be clean, wrinkle -free and free of rips, holes, or tears. c. 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). d. 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. 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. Contractor Services Agreement Page 15 of 22 f. For safety reasons, while on duty, workers are not allowed to wear headphones, musical devices, or sunglasses inside event facilities. o. Experience and training - Temporary workers are recommended to have the following 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. p. Work performed at the facilities is under supervision of a City Supervisor. 3. ANIMAL SHELTER SUPERVISOR a. Contractor may provide an additional position that will aid in supervising Contractor's staff. This shall include, but not be limited to, prioritizing and assigning daily work; assisting with performance evaluations; ensuring staff is trained; ensuring employees follow City of Fort Worth policies and procedures; maintain a healthy and safe working environment; and providing hiring, termination and disciplinary related feedback to City staff. b. Maintains departmental equipment through training, preventative maintenance, reporting necessary repairs, tracking, researching and oversight of safe use of equipment. c. Adheres to assigned work schedule as outlined in the attendance policies and procedures; ensures all behaviors comply with the City's Personnel Rules and Regulations. d. Assures that SOP's are followed regarding cleaning kennels, cages, animal rooms, common areas, and play yards. e. Assists with daily attendance reports so that the time cards are accounted for, tallied and submitted for payment in a timely manner by f Knowledge, Skills and Abilities a. Principles of supervision, training, and performance evaluations b. Occupational hazards and standard safety practices c. Various departmental structures and goals d. Methods and techniques of conflict resolution e. Organization and time management Contractor Services Agreement Page 16 of 22 f. Communicate clearly and effectively, both orally and in writing g. Supervise, organize, and review the work of subordinate employees h. Supervise, train, and evaluate subordinate employees i. Establish and maintain effective working relationships j. Ability to read, write, and communicate effectively 4. WORKING CONDITIONS a. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. b. Medium work —Depending on assignment, positions in this job classification typically exert up to 80 pounds of force occasionally, up to 20 pounds of force frequently, and/or up to 20 pounds of force constantly having to move objects. 5. JOB SUMMARY a. Care for, feed, clean and monitor the health of animals in the shelter b. Assign staff according to shelter needs, communicates with shelter management on where staff is needed c. Report observed health or behavior issues to medical staff or Supervisor d. Clean/Disinfect assigned areas on a daily basis and adhere to cleaning SOP's e. Assist citizens/customers in the selection of animals for adoption f. Promote good animal care and responsible pet ownership g. Keep current inventory of necessary supplies and report shortages/needs to a Senior Officer or Supervisor h. Maintain assigned equipment, supplies safe and report any problems or needed repairs to a Senior Officer or Supervisor i. Represent the City of Fort Worth by providing excellent customer service j. Protect the confidential information of citizens, fosters and rescues k. Report to work at assigned start time; go/return from breaks and lunch at assigned times. Complete duties prior to assigned end time 1. Ability to meet physical demands in. While performing the duties of this job, this position may be exposed to animal odors or airborne particles. n. Ability to handle fractious animals in a safe and gentle manner o. Manage multiple tasks simultaneously p. Working knowledge of breeds, diseases, medical conditions, and animal handling and behavior q. Regular exposure to animal odors, diseases, possible contagious conditions, bites, scratches and moderate noise levels r. Additional tasks as assigned 6. 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. Contractor Services Agreement Page 17 of 22 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. 7. 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 selected 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. 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 may be rejected at any time during the shift. Personnel may be subject to random drug and alcohol testing in accordance with the City's regulations. Contractor Services Agreement Page 18 of 22 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. Contractor Services Agreement Page 19 of 22 EXHIBIT B M7\•/uIBiel IWO111D)DIN 00 Animal Shelter Technician Unit Unit Price Billed Rate Employee hourly rate $15. HR $23.00 Employee Supervisor hourly rate HR $22.00 $16. Contractor Services Agreement Page 20 of 22 EXHIBIT C FORTWORTH, CONTRACTOR'S BID RESPONSE TO CITY'S ITB NO. 23-0007 BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: EVENT DETAILS rEWn1-23-noo7 Event Round Version Submit To: City of Fort Worth _ 1 FINANCIAL MANAGEMENT SERVICES Event Name — FINANCE - City Hall Purchasing .ITB Animal Shelter T hna -ian _ 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 11/09/2022 07 •.gQ .po CST 12/01/2022 i 3 • 30 •00 CST 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. ')�jP►ram� Legal Company Name: r�.AWYVg.`)17\pk`1. l NoA M,d `aCy fl,' (C,IYtflAUl� Company Address:�V City, State, Zip: \r K-M4 . - %i 'OrQw i Vendor Registration No, 1/ Printed Name of Officer or Authorized Representative: IU`f�� Q�\� i� w m Title: W �k tK""fXrvt 0 (4 V Signature IIof Officer or Authorized Representative: ///l /I A- --Date: Email Address:V1u�Lx1=� Phone Number: _� ;5� 1 ro �77.' ��r-; tt ex4' �tnc J. Federal Identification Number (FID): ITB No. 23.0007 Animal Shelter Technician Page 2 of 29 W45TG M4N 4GEMENT November 18, 2022 Christina Camarillo City of Fort Worth Financial Management Services Finance — Purchasing 200 Texas St. (Lower Level, South) Fort Worth, TX 76012 WASTE MANAGEMENT 5012 Martin Luther King fwy Fort worth, Tx 76119 RE: Letter of Support for the Presbyterian Night Shelter of Tarrant County; UpSpire Program; Bear Mrs. Camarillo. It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter of Tarrant County, UpSpire Program Waste Management Hauling Fort Worth have been using UpSpire as our sale vendor for the past3yrs. We can't be more sat}sFed with their performance. They do an excellent job of staffing all our Helper for our routes on a daily basis. On a rating of 1-5 we would rate UpSpire as a 5 highly satisfied. They are always punctual and have always been completed the assigned tasked on time. We have also hired UpSpire to help complete our White Glove Walsh Ranch project. UpSpire has always provided great customer service and handled every need that Waste Management Hauling has offered them. On a rating scale of 1-5 far being able to use UpSpire again. We would give a rating of 5, highly likely to use thern as a vendor again. I'm happy to recommend the services of UpSpire- If you have any questions, please feel free to contact me. Best Regards 14 , 7�, �U I Houston Chambliss Senior District Manager — Waste Management Hauling Fort Worth 817-538-1589 hchambli@wm com rl0R, T WO R TK,7 November 15, 2022 Christina Camarillo City of Fort Worth Financial Management Services Finance — Purchasing 200 Texas St. (Lower Level, South) Fort Worth, 7X 76012 RE: Letter of Support for the Presbyterian Night Shelter of Tarrant County; UpSpire Program; Dear Mrs. Camarillo. It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter of Tarrant County, UpSpire Program The City of Fort Worth Code Compliance Department have been using UpSpire as a vendor for the past 5yrs. We can't be more satisfied with their performance, They do an excellent job of staffing Litter abatement Crews throughout the city on a daily basis. On a rating of 1-5 we would rate UpSpire as a 5 highly satisfied, They are always punctual and remain in communication and have always completed the assigned tasks on time, In addition, they are great in communicating if any staffing issues may occur. They d❑ tremendous work with getting us amazing employees who provide great customer service. On a rating scale of 1- 5 for being able to use UpSpire again. We would give a rating of 5, t7ighly lilcely to use them as a vendor again. i'm happy to recommend the services of UpSpire. If you have any questions, please feel free to contact me. Best Regards, Neil Johnson District Superintendent — Solid Waste Diuision City of Fort Worth Code Compliance Department (517) 392-5151 Oneil.johnson@fortworthtexas.gov CODE COMPLIANCE DUARTMENT SOLID WASTE SERVICES DIVISION The City of Fort Worth "' 4100 Columbus Trail 1` Fart Worth, Texas 76133 (817)392-3279 ��] HUMANE SOCIETY p OF NORTH TEXAS November 21, 2022 Christina Camarillo City of Fort Worth Financial Management Services Finance — Purchasing 200 Texas St. (Lower Level, South) Fort Worth, TX 76012 RE. better of Support for the Presbyterian Bight Shelter of Tarrant County; UpSpire Program; Bear Mrs. Camarillo. It is with much enthusiasm that I am writing to recommend the services of the Presbyterian Night Shelter of Tarrant County; UpSpire Program Humane Society of North Texas have been using UpSpire as our sole vendor for the past 3yrs. We can't be more satisfied with their performance. They do an excellent job of staffing all our Kennel Terns who take care of the animals and cleaning up after them. On a rating of 1-5 we would rate UpSpire as a 5 highly satisfied. They are always punctual and have always completed the assigned tasks on time. We have also hired UpSpire to help hire for permanent Laundry Bay maintainers as well, They do tremendous work with getting us amazing employees and have great customer service. On a rating scale of 1-5 for being able to use UpSpire again_ We would give a rating of 5, highly likely to use them as a vendor again. I'm happy to recommend the services of UpSpire. if you have any questions, please feel free to contact me. Best Regards, Caralee Reed HR Manager — Humane Society of North Texas S 17-470-3350 creed@hsnt.org 14.2.4 Bidders Background, Years in Business, Size of Labor Pool, Timeframe to Provide Workers Presbyterian Night Shelter was founded in 1984 and currently serves over 1,000 homeless individuals every day in Fort Worth making it the largest homeless provider in North Texas. In recent years, the agencyset out to become the largest employer of individuals experiencing homelessness as well by launching a for -profit social enterprise called UpSpire. Currently, UpSpire had 125 full-time employees across itsthree enterprise of commercial staffing, ground maintenance, and commercial janitorial. Since its founding in 2016, more than 250 UpSpire employees moved out of homelessness and into their own home due to their employment income and more than 350 employees moved onto higher paying jobs. HUD estimates that each individual experiencing homelessness costs public services $40,000-$120,000annually. At a low estimated cost of $40,000 per individual, UpSpire generated approximately $10,000,000 in savings to the City and our public services over the past six years by providing the income and supportthat250 of ouremployees needed to exit homelessness. UpSpire has contracts in place that will grow our current employee headcount to 175+ in the next few months, In order to support our growth, we have a Career Development Team comprised of a Recruiting Manager, two Recruiters, a Community Advocate, and Job Coach so that we can be active in our local community, accessible to potential employees, and fill positions quickly for our customers. Once a hiring pipeline is established, we can typically fill a position within 24 hours. Additionally, if a potential candidate has resided only in Texas for the past ten (10) years, we can have them screened, on boarded, and through new employee orientation in 24 hours as well. 14.2. 5 immediate Action to replace Workers Presbyterian Night Shelter has established standards of conduct, safety, and other policies to ensure the safest and most productive working conditions possible. There are occasions when an employee's behavior or performance falls short of expectations and Presbyterian Night Shelter staff will take the appropriate corrective action. While each circumstance and Its severity differs, there are various approaches that we use in order to help an employee understand the issue at hand and consequences if the issue continues. Generally, we try to take an approach that affords the employee an opportunity to demonstrate continuous improvement by following a progressive order of coaching, counseling, verbal, and then written warnings. Depending on the nature or severity of a situation, our Operations Team may, at the direction of our Human Resources Department, bypass the number of the approaches as certain circumstances may warrant Immediate termination of employment. We will engage these performance Improvement efforts only where circumstances warrant as determined by Presbyterian Night Shelter staff. Once a position comes available, our Operations Team will communicate with the Recruiting Team to have the position filled as soon as possible. Proprietary UPSPIR= lfN� �Y 11l�9 �IR1� � •MX�M111 Y(41H •M. 14.2.6 Testing procedures used to determine Job Skills, Ability, and Drug Screen Each potential employee meets in person with one of our Recruiters to discuss UpSpire, the available jobs, and whether or not the candidate would be a good fit. Our recruiting team asks each candidate screening questions that were developed in order to identify the best possible fit for each position per the applicant's interest and ability. After completing the application process, every candidate must complete a drug screen and background check before being offered a position and on boarded with UpSpire. Our complete application and on boarding procedure is below_ • Job Offer Process a Applicant fills out all required paperwork. o Recruiting Coordinator sends applicants for a drug screening, and a background is run on UPS, o Background is examined and assigned a level designation for approval, once approved/denied the background. o When the negative drug screening has been received the Recruiting Coordinator will schedule the applicant for New Hire Orientation • The HR Processor will set the new employee up in ICronos and provide the login and password at the time of onboarding. onboarding Process r All potential employees will attend a required New Hire Orientation facilitated by their Recruiting Coordinator. • The Recruiting Coordinator will guide candidates through the New Mire Orientation PowerPoint, introducing them to Presbyterian Night Shelter and UpSpire policies and procedures. • Candidates will watch accompanying safety videos as designated per enterprise. ■ All required paperwork will be given to the HR Processor for review and completion. Completion of new hire documentation by the HR Processor • Create two separate files for the employee one for personnel and the other for confidential records (confidential files must be a red file folder) 1) Employee Name (Last, First) 2) Employee Name (Last, First (Confidential) ■ Create an offer letter showing the start date, rate of pay and benefits date if applicable. Benefits are to begin the first day of the month after 60-days of employment. Benefits are offered to all employees scheduled for 30-hours or more per week. Part- time (29 hours and under) and temporary employees are not eligible for benefits, ■ Complete the new hire packet and checklist with the employee making sure ALL documentation is filled out correctly, signed and dated. Ensure to include the approved drug screening and background check in the packet. Employees who are current guests of the agency will need to complete guest forms and provide a copy of their most recent TB test • Provide the employee the appropriate amount of UpSpire shirts and/or required PPE. * Provide employee copies of documentation in the packet • Offer Letter • Job Description Qmnrial:1M4 V PSPI R= * Background Check * Employee Handbook • E-Verify Documentation • I-9 Documentation • Affordable Care Act Documentation • Workers' Compensation Documentation • Kronos Login Information • No call no show policy form Additional tasks related to new hire documentation by the Career Development Team • Verify 1-9 and forms of identification through E-Verify. Print and copy the approval and staple to the 1-9 along with a copy of both forms of ID to be given to the Human Resources Generalist • Update the employee spreadsheet(s) located on the HR-New Hire drive • Employee Training • Employee File Info • Review Spreadsheet Transportation of paperwork and deadline information • Completed new hire documentation (both the employee and employee confidential file) will be turned in at the end of each day in the Vice President of Human Resources box located in the Human Resources Assistant's office • Completed i45 will be turned in at the end of each day in the Human Resources Generalist box located in the Human Resources Assistant's office • It is imperative there is an open line of communication between the Career Development Team and Human Resources department. If there is ever question an anything related to new employees the Director of Career Developer is to contact the Vice President of Human Resources 14_2 7 Process on Advocating �:md Providing Second -Chance Opportunities Presbyterian Night Shelter is a facility that was established in order to provide food, shelter, Safety, medical care, and now job opportunities for the homeless population in Tarrant County. We're the only shelter in Tarrant County that has no barriers to entry and no length of stay standards. This means anyone can stay with us as long as they need to, and we operate 365 days per year, 24 hours per day, We do what we can to give our guests and community members the chance to get back into the workforce and back on their feet. In addition to working with Presbyterian Night Shelter and other local homeless shelters, UpSpire recruits from more than 30 community patterns, local community centers in under resourced areas, and Tarrant and Johnson County jails_ We are the first employer to meet with individuals prior to their release so that we can assist with their basic needs such as critical documents, transportation, shelter, and employment upon release so that we can help then navigate the difficult re-entry process. UpSpire's goal is to remove or reduce barriers to employment for our all our employees- To do this we are a background friendly employer that provides job coaching, financial coaching, a network of community M UPSP1RE Proprietary partner resources, as well as housing assistance and diversion services if someone is at risk of becoming homeless. In addition, all employees receive free transportation to and from the job site, free food, and a full benefits package. Our benefits include subsidized health, dental, and vision insurance, 401K match, generous paid time off (PTO), 11 company holidays, short and long term disability, company provided life insurance, and more, It is our belief that everyone is deserving of supportive employment, and we work hard to provide the opportunities and resources our employees need to be successful. As mentioned above, more than 250 UpSpire have moved out of homelessness during their term of employment and more than 350 have moved onto higher paying jobs. Prooniotary V PSPI R= .�.;�.�.•y n.vn,i u•Ne�nn�mn�w nn. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governinental entity This questionnaire reflecis changes made 00 the taw by H.B. 23. e41h Leg., Regular Session. OFF7CEUSEONLY `fie quosticnnana is 4vra filed it ace3rdanco wllh Chapter 176. Local Govammant C-3da, Ay a vendor who has a nusmoss relaflorshio as defined by Section 176.00:41-al with a local govarnmentol W.Iky and the D313 Roe^,sd vendor meats requiramerls under SeCII 176.006(ai_ 9y IXN 11I quesb3nnalr9 mull l.e'iledwilh the records administrator of the Icml gayorp entai entity rot later than zhe 7th business day aher the da.e the venft b000mes aware of laces tI regtlirg the stotumenl is be tlled. See SQ00111 176.a GWI ). Lc;,at G4 ernmsnt Gode. A vandor commits or. oflenSo it the ver iar 4mingiy vial=4 Section 176.o06, Local Govornmant We, An ni'erse under -his Sermon is a rrlsriameanor. IJ Norm of yendorwhto�has a business relationship local governmental entity. pwith Y 1 ]-1v1 L 1513 2 Check this box 11[you are filing an update to a previously fund q uostlonnatre. tThe law requires that you file an updated co-mpleted questionnaire wI1r1 Via appropriate fling authority not later than ing 7lh bu,in4SS day attar the sate on which you became cAvara that tilt} originally f.lod questiornare was mcomplate or inaot:u•ale., 3 Nameoflocal govemmentofficer about whom the information is being disclosed. r " � �- Name Offzor of a Describe each empioymont or other business relationship with the local government of off or a family rTtamber of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relatienshipwith the local govemmimt officer. Complete subparts A and B for each ern ploy mentorbusfness relationship described. Attach additional pages 10 this Fvrm CIO as nrrcessary_ A. Is vie local gorvs-nment officer ar a family -nemher or the officer reCaiving er 4 y to oc@ ve taxat a f=rr- , other than investment income. from the vendor? F7Yes = No B_ is the venCpr ing or Iike.y to receive taxab:9 Income, other than Inv 4simam int:cme, frcm or at tho direction Of IN local ga'rarnma'ii office' or a famiy msamber of the arficer AND the taxable income is not raceivod fr6m the local govarnrnontal entlty? = Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with acorp❑ration or other business entity with respect to which the local governmpnt officer serves ns ah officer or director, or holds an ownership interest of one percent or more. b ❑Check N1 s box if she vipndor nas giver: the lzml government oifraer or a family member of the officer one or moire oltts as OQSV M in Suction 1iB.GC3taj(2)ig}. excluding ;AS described in Section 1T8.QQ3(a-tl, ` 7 /Z zc Lf ayratua or .tnacr nDing L,a s a -Lfig gavarrr7n_.2ertljy ya F01M p,avided by Tstas II Gt+trrrSsiori— vrw&.aIhies state.'x.us iget,ised +r1:213 (rB No. 29-0047 Animal Shelter -technician Page 24 of 29 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A Complete Copy of Chapter 176 of the Local Government Code may be found at http:lrwww.siatutes.legis.state.tx.usr D=1CLrhtmrLa176.htm. For easy reference, below are some of the sections cited on this form. Local GayernM0,pt Code 6176.0010i aj: "Business relationship" means a connection between Two or more panles based on commercial activity o1 one of the part�es. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity Oran agency of a federal, state, or local governmental entity-, (13) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that Is Chartered by a state orfederal agency and that is subject to regular examination by, and reporting to. that agency. Local Government Cade 6 i76.003(att2f[_A1 and (B1: fa) A Iccal government officer shall file a conflicts disclosure statement with respect to avendor it, (2) the vendor: (A) has an employment or Diner business relationship with the local government officerora family member of the officer that results in the officer cr family member receiving taxable Income, other than Investment Income, that exceeds `b2,500 during the 12-month period preceding the date that the officer becomes aware that (1) a contract between the local 0overnmental entity and vendor has been executed; or (11) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the off Icer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (1) acontract between the local governmental entity and vendor has been executed; or (ii) the ]mall governmental entity is considering entering into a contract with the vendor. Local Government Cade § 175,00W and (a-11 (a) Avendor shall file a completed ccnflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (I) has an employment or other business relationship with a local government officer of that local governmental entity, orafamily member of the cMICer, described by Section 1 F6.003(a)(2)(A),, (2) has given a local government officer of that local govemntantai entity, or a family member of the officer, one or more giftswith the aggregate value specified bySection 175.003(a)(2)(8),excluding any gift described by Section 17G.003ta-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conf lfct of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date than 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 Dr other business relarionship with a local government officer, or a family member of the officer, described by Subsection (a); (8) that the vendor has givers one or more guts described by Subsection (a) -,or (Cl of a family relationship with a local government officer. Fofm provided by Texas G,Ws Comlrission arra',ett ias.slats,:x.us Re5++sea If-d h V ITS No. 23.0007 Animal Shelter Technician Page 26 of 29 ATTACHMENT -R CONSIDERATION OF LOCATION OF Bli]I M'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 Fart 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. Do you have a Fort Worth office? If yes, identify address: \14--> What percentage cf 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 500%] , ( t 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident -employees? I - �ej 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. om Izz, (Printed Name and Title) �1( ww N—.d h'J.2+ati IT8 No. 23-0007 Animal Shelter Techniclan �� Page 26 of 29 ATTACHMENT C — VENDOR CONTACT INFORMATION Vendor's Name: M � Q Vendor's Local Address: Rwt _W3 J Phone: j`Ah U•'7 L4 Fax: ism Email: r Name of persons to contact when requesting services or billing questions: Name/Title kYl &Vy) — Phone' f �MA (At T! l-S l OA , cif Fax: Email: � GhLAr1 tit XVL7h1 �'l11(1'�..,.I►�CiM. Phone: 1�'Wt)Ldh 7'WiY `' Fax: Email: Name/Title ,� _ ��YLA\nu Phone' Fax: Email, Will your company accept P-card payments yes no (my) 5i Printed Name 11 ., t Dat ITB No. 23-0007 Animal Shelter Technician Page 27 or 29 Acknowledgment: No addendums received Kirsten M UPSPIRE 4NIl� r14L �14�'l l I � •n����lU WP^� 1 eY[I 1 DOCUMENTATION CHECKLIST FOR ITB No. 23-0007 "Kidder shall complete the below to aid in responsiveness* Refer to Secton 14.2 for more information on the below required documents. Re9.uired Documents Document Attached? YesiNo P_aae Numbers) of Bid Response *Answering No to the below *Bidder will treed to dumber will result in the bid being each page of their bid.* deemed non -responsive* completed and signed original Bid Submission Signature page The completed Bid Solicitation page,. 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 three over a (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. r t,V1A S ;ektyQ, ;-,- Bidder's background, number of years in business, size of bidder's labor pool as it pertains to this bid and bidder's, imeframe to provide workers after notification. ascribe what immediate action the Bidder will take to replace workers that do not meet job expectations_ (b Describe testing procedures used to determine job skills �00 and physical abilities of candidates, including drug testing Pidder's process on how they are advocating and providing second -chance employment opportunities, if,� completed and signed original Conflict of Interest {) _mot Questionnaire, Attachment A l completed Consideration of Location of Bidder's Principal Place Business, Attachment It of B, if applicable completed and signed Vendor Contact Information, �r]_ �] ttachment C Signed Addendum(s) acknowledging receipt, if applicable \� Scanned copy of all documents listed in Section 14,2, part 1 ­1n9 IT13 No, 23-0007 Animal Shelter Technician Paso 29 of 29 EXHIBIT D VERIFICATION OF SIGNATURE AUTHO ITY R PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY: UPSPIRE PRO AM GR 2400 CYPRESS STREET FORT WORTH, TEXAS 76102 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor 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 Contractor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Contractor Services Agreement Page 22 of 22 M&C Review Page 1 of 3 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORTWORT11 414� REFERENCE **M&C 23- 13PITB 23-0007 ANIMAL DATE: 2/14/2023 NO.: 0069 LOG NAME: SHELTER TECHNICIAN LSJ CODE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Non -Exclusive Purchase Agreements with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County for a Combined Annual Amount Up to $900,000.00 for the Initial Term and Authorize Four One - Year Renewal Options for an Amount of $945,000.00 for the First Renewal, $992,250.00 for the Second Renewal, $1,041,863.00 for the Third Renewal and $1,094,369.00 for the Fourth Renewal for Animal Shelter Technicians 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 non-exclusive purchase agreements with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County for a combined annual amount up to $900,000.00 for the initial term and authorize four one-year renewal options for an amount of $945,000.00 for the first renewal, $992,250.00 for the second renewal, $1,041,863.00 for the third renewal and $1,094,369.00 for the fourth renewal for animal shelter technicians 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 procure an annual agreement for animal shelter technicians. The City will utilize this agreement to have a vendor provide temporary animal shelter technicians to perform animal care tasks and shelter upkeep in order to maintain a clean and disease free environment for impounded animals. In order to procure these services, Purchasing issued Invitation to Bid (ITB) No. 23-0007 describing the personnel responsibilities and duties. The ITB was advertised in the Fort Worth Star - Telegram November 9, 2022, November 16, 2022, November 23, 2022 and November 30, 2022. The City received three bids. An evaluation panel consisting of representatives from the Code Compliance Department reviewed and scored the submissions using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation OF ]F Total Goodwill Industries of Fort Worth I22.67 5.67 6.33 40.00 74. 77 Presbyterian Night Shelter of Tarrant 22 67 5.67 F3�333.51 68.18 County Suitemate Staffing Solutions 20.00 5.00 5.00 33.71 63.71 Best Value Criteria: A) Contractor's qualifications, experience obtaining workers for an animal care facility, and references B) Availability of resources to provide services (personnel) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30696&councildate=2/14/2023 3/3/2023 M&C Review Page 2 of 3 C) Companies who advocate and provide second -chance employment opportunities D) Cost of service 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 non-exclusive agreements with Goodwill Industries of Fort Worth and Presbyterian Night Shelter of Tarrant County. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors bid met specifications. Funding is budgeted in the Other Contractual Services account of the Code Compliance Department's rollup within the General Fund. Further, it is requested that City Council ratify expenditures in the amount of $100,000.00. This expenditure is needed for temporary animal shelter technician services for the month of February. AGREEMENT TERMS - Upon City Council approval, the agreements shall begin upon execution and expire one year from that date. BUSINESS EQUITY: 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 contracts may be renewed for up to four (4) 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 recommendation, funds are available in the current operating budget, as previously appropriated, of the General Fund. Prior to an 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. Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brandon Bennett (6322) Anthony Rousseau (8338) LaXita Slack -Johnson (8314) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30696&councildate=2/14/2023 3/3/2023