HomeMy WebLinkAboutContract 58978City Secretary Contract No. 58978
SORTWORTHO
NON-EXCLUSIVE CONTRACTOR SERVICES AGREEMENT
This NON-EXCLUSIVE CONTRACTOR SERVICES AGREEMENT ("Agreement") is made
and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal
corporation, acting by and through its duly authorized Assistant City Manager, and GOODWILL
INDUSTRIES OF FORT WORTH, INC. ("Contractor"), a Texas corporation 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
OFFICIAL RECORD
Contractor Services Agreement CITY SECRETARY Page 1 of 22
FT. WORTH, TX
services. City will not be liable for any additional expenses of Contractor not specified by this Agreement
unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify
Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up
to the effective date of termination and Contractor will continue to provide City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon termination of this Agreement for any reason, Contractor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event
Contractor has received access to City Information or data as a requirement to perform services
hereunder, Contractor will return all City provided data to City in a machine readable format or
other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to
Contractor's services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to
City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and
employees, agrees that it will treat all information provided to it by City ("City Information") as
confidential and will not disclose any such information to a third party without the prior written
approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Contractor must store and maintain City Information in a
secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt
City Information in any way. Contractor must notify City immediately if the security or integrity
of any City Information has been compromised or is believed to have been compromised, in which
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event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City
in identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years
after final payment under this Agreement, or the final conclusion of any audit commenced during the said
three years, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records, including, but not limited to, all electronic records, of Contractor involving
transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have
access during normal working hours to all necessary Contractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
City will give Contractor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Contractor will
operate as an independent contractor as to all rights and privileges and work performed under this
Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the
conditions and provisions of this Agreement, Contractor will have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents,
servants, employees, Contractors, and subcontractors. Contractor acknowledges that the doctrine of
respondeat superior will not apply as between City, its officers, agents, servants and employees, and
Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further
agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City
and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint
employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither
Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will
be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees,
contractors, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, 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, INCLUDING 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 Assi ng ment. 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:
To CONTRACTOR:
City of Fort Worth Goodwill Industries of Fort Worth, Inc
Attn: Assistant City Manager Valerie Washington Kimberly Smith, Vice President
200 Texas Street 4005 Campus Drive
Fort Worth, TX 76102-6314 Fort Worth, Texas 76119
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Contractor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Contractor to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's
or Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. 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 Maieure. 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
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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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
dada.. OIA-.—
BY: Valerie Washington (Mar 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
4,a4UApn��
ATTEST: p l 00, ° o9�d
-o 00
Pvo o=d
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aaatt nEXA?a4p
By:
Name: Jannette Goodall
Title: City Secretary
CONTRACTOR:
Goodwill Industries of Fort Worth, Inc
By: Kimberly Smith(War 3,202313:51 CST)
Name: Kimberly Smith
Title: Vice President
Date: Mar3,2023 ,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.
By:
Name:
Title:
�GiN`'N ,4Cexaaruu7e�
Barry Alexander (Mar 6, 2023 07:45 CST)
Barry Alexander
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 1295:2023-969950
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contractor Services Agreement Page 11 of 22
City Secretary Contract No.
EXHIBIT A
SCOPE OF SERVICES
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.
m. 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.
2. 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.
d. Workers will be required to provide their own transportation to and from their assigned
Contractor Services Agreement Page 13 of 22
work site.
a. The City will not reimburse mileage or parking.
e. W arkers 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.
f. 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 o£
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:
a. Under general supervision, performs animal care tasks and shelter upkeep to
Contractor Services Agreement Page 14 of 22
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.
1. 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
£ Communicate clearly and effectively, both orally and in writing
Contractor Services Agreement Page 16 of 22
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
I M11 "[I] ,1;410 R E0]01 I III Y_ t1]f y
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.
c. Investigate animal bite cases and other reported injuries.
Contractor Services Agreement Page 17 of 22
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.
UNKORM314113 7 y
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.
in. The Contractor will prepare payroll checks, make all necessary deductions and pay all
Contractor Services Agreement Page 18 of 22
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
17V/u I Biel IWO 11 11 1M
Animal Shelter Technician
Unit
Unit Price (Billed Rate)
Employee hourly rate $15
HR
$19.00
Contractor Services Agreement Page 20 of 22
EXHIBIT C
Contractor's Bid Response to City's ITB No.23-0007
FORT WORTH
BID SUBMISSION SIGNATURE PAGE
Event ID
CFW01-23-0007
Event Round Version
1 1
Event Name
ITB Animal Shelter Technici.,n
Start Time
11 09,2022 07:00:00 CST
Page
2
Finish Time
i.-01 2022 13:30:00 CST
Invited: EVENT DETAILS
Submit To: City of Fort Worth
FINANCIAL MANAGEMENT SERVICES
FINANCE - City Hall Purchasing
200 Texas St. (Lower Level Rm 1501)
Fort Worth TX 76102-6314
United States
Email: FMSPurchasingResponses@fortworthtexas.gov
The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized
to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by
submitting and signing below, acknowledges that he/she has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the terms
therein.
Legal Company Name:_ Ir�CY�tlL.Stl1„Lek g :_ --b 1i S a k 50e%r wL;r';'h
Company Address: Did S r W
City, State, Zip:
Vendor Registration No. e2olnotl q!l A4Q S
Printed Name of Officer or Authorized Representative: 1�
Title: VS.C- rsC. Li a 2-i" tes (Zn &t v tG r"
Signature of Officer or Authorized Representative
Date: 11. 1\4
Email Address: katosj 4ilill toC�A- y%gj
Phone Number: an • 33:IL • 18 66
Federal Identification Number (FID): 15. C g L*.
ITB No 23-0007 Animal Shelter Technician
Page 2 of 29
Pa$c 1
Proposal for City of Fort Worth
ITB NO. 23-0007
Submitted by Goodwill Staffing Services a division of Goodwill Industries of Fort Worth
References:
City of Fort Worth
Code Compliance
4900 Martin Street
Fort Worth, TX 76119
817-392-7027
Texas Department of Transportation
Greg Gorecki
District Construction Administrator
2501 SW Loop 820
Fort Worth Texas 76133
817-370-6517
Office of Attorney General
Marlyn Norman
R9 Regional Assistant
2001 Beach Street Suite 700
Fort Worth Texas 76103
817-834-7036
Firm Experience and Qualifications.
GSS has generated 7 million in sales in the past 2 years, placing over 500 individuals into temporary
positions. We are one of two suppliers in temporary personnel for the DFW area in the state set aside
program. In the past two years we have only had to provide three waivers for positions we were unable
to fill in the state set aside program. We also have contracts with cities, counties and federal agencies.
Our experience lies in not a specific core service but in finding the right individual for the right position.
With over 48 years combined experience, the City of Fort Worth would be receiving a quality team that
understands the temporary employment industry. With this experience we can also alert the City of
Fort Worth in any trends we see emerging in temporary employment thus being a proactive partner.
GSS believes that we partner with each of our customers so that your temporary staff become an
integral and seamless part of your business.
GSS has built a reputation by responding to our customers in a timely and professional manner.
Telephone calls and voice mail messages will be returned within an hour. In addition, we do a large
amount of communication via email and respond to them upon receipt. Routine temporary requests are
6-1 Q 3
filled by the requested start date, if a same day assignment is placed then every attempt will be made to
communicate the availability of the employee with one hour. GSS guarantees the quality of our
employees. If for any reason you are not happy with the performance, let us know within the first 8
hours and a replacement will be provided.
A background check that covers all 50 states are conducted on temporary employees and they are
required to complete an 1-9 before starting their first assignment. Goodwill Industries has Federal
Contracts that require us to go through this process. Drug Screenings are conducted by GSS as a position
requirement for City of Fort Worth Animal Technician_
Work Plan
Goodwill Staffing Services (GSS) is a full -service temporary employment service. We are committed to
providing skilled, dependable employees who always have a positive attitude and a desire to work. We
have been a member of the community for 73 years.
We have three employees that are available to the City of Fort Worth full time Monday thru Friday from
7:30 to 4:30 at our Fort Worth office. We are available by cell phone at any time. Traditional recruiting
methods are used to ensure we have ample supply of temporary personnel. In addition, we are in a
unique recruiting environment due to the mission of GSS and a Workforce Development Team.
Goodwill actively pursues job opportunities for individuals with disabilities and other barriers to
employment therefore we appeal to individuals that may not take advantage of traditional forms of
recruitment. Goodwill Industries of Fort Worth has a job resource centers to assist members of the
community to find employment through programs like Google Digital skills and assists in our recruitment
efforts. Furthermore, Goodwill has a partnership with Indeed to further employment opportunities.
GSS believes in treating candidates with dignity and respect and work to make sure the best fit is made
for both the candidate and the customer. Because we invest so much into the process a large portion of
our recruiting is done by referral. As we pursue our mission, we also make sure our candidates are work
ready, professional in appearance and capable in the requested job duties. Each employee has been
thoroughly evaluated by an experienced staff. Previous work experience of the individual is thoroughly
reviewed and if general clerical skills are required, they will be assessed.
Key Personnel
Kimberly Smith
Vice President GSS
24 Years with GSS, 40 years industry experience
Jennifer Moore
Manager GSS
8 years as Manager, 2 years as Staffing Supervisor
Mandy Mann
Staffing Supervisor GSS
3 years' experience
a�e 4
Jennifer Moore would be the primary contact for the City of Fort Worth. Mandy Mann is her back-up
and they are both cross trained on the other's position. Kimberly Smith would be back up and has 40
years' experience in the staffing industry.
Price, Total Cost of Ownership
There is no hidden cost to the City of Fort Worth when utilizing GSS. We cover all federal and state
taxes, workers' compensation and employee pay rate. The rate we quote to you includes all that in an
hourly charge and the hours are approved by your departments when they sign the weekly timecard.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, e4ih tog., Regular Session,
OFFICE USE ONLY
This questionnaire is bang tiled in accordance w th Chapter 176. Local Government Code, try a vendor wh _
Dace Reccnved
has a bus-ness relationship as defined by Section 17600,11•a) with a local governmental entry and the
vendor meets requi,omenls under Section 176 006 a)
By law this questionnaire muss be filed with the records administrator of the local governmental entity not later
than the 7th business day after the dale the vendor becomes aware of lads that require the statement b, be
filed. See Section 176.006(a 1) Local Government Code
A vendor commits an offense t the verdo• knowinfW violates Section 176.006, Local Gove-nmant Code. Ar•
offense under this section is a misdemeanor
1J Name of vendor who has a business relationship with local govemmental entity.
O 4 1Wlfx
2
Check this box If you are filing an update to a pmviousty filed questionnaire. (The aw requires that you f le an updated
completed questionnaire with the appropriate fil ng authority not later than the 7th business day after the date on which
you became aware that the originally fled questionnaire was incomplete or inaccurate)
3 Name of local government officer about whom the information is being disclosed.
1.4 / A
Name of Officer
-iJ Describe each empioyment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B foreach employment or business relationship described. Attach additional pages to this Form
CIO as necessary,
A. Is the local government off ce, or a family member of the officer receiving or likely to receive taxable income
other than investment income. horn, the vendor?
Yes F-1No
B. Is the vendor receiving or likety to receive taxable income, other than invvestment income, from or at the direction
of the local government officer or a family member of the off"r AND the taxable income is not received from the
local governmental entity?
Yes E-1No
e Describeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
fi
ElChockthis box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176001a)(2)(13% excludng gifts described n Section 176.003(a-1).
9f f1l. I I . ;n.
07-Z-
ign re of vGrKpoin usi ass with the gvverr ^)enm entity Date
Farm provided by Texas Ethics Commission www.ethics state x us Revised 111f20211
K—WJ t 11«
ITB No 23-0007 Animal Shelter Technician
Page 24 of 29
ATTACHMENT -B
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal
place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested, if
the lowest bid is from a business outside the municipality and contracting with the local bidder
would provide the best combination of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the
bid or request package.
The Fort Worth City Council requires the following information for consideration of location of a bidder's
principal place of business. Add additional sheets if needed to provide this information
1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas
a. Do you have a Fort Worth office? If yes, identify address
•� �. urn
� u
b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort
Worth? "Originating in Fort Worth' shall mean payable at the Fort Worth office. [must exceed
50%] 1 C16 6110
2. Economic Development opportunities resulting from contract.
Number of Fort Worth resident -employees?
b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort Worth office is newly -
established)? -I"ro t . 11nn=hrrd�s.
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.
(00.1%1 01- moo. L wnelv" il.
ITB No 23 0007 Animal Shelter Technician
Page 26 of 29
7ag;r.
ATTACHMENT C -VENDOR CONTACT INFORMATION
Vendor's Name: S-& CW A\ 1 a.L Gas, lei &rVN
Vendor's Local Address: y =N1; 6hY,, jz" Dom, , V4,e 1. WLiea.►, 1f.11q
Phone: lk it . 3 3 A - '"l g b b Fax: % I l- 1. 97 C t�
Email: CZi .Ss O Qdc� d � 111 Grp-. or fs
0-
Name of persons to contact when requesting services or billing questions:
Name/Title Maeet,
Phone: all. Fax: I&M 5
Email: Quart Q- �c
Qn4 w.11 ACA-. %
Name!
Phone:
Fax: !B)7 5'!1•'gyc��
Phone: . - -yl 26110 1 Fax: 53)1. y 31 • 9j7bfb
Email >JtCm r ,L.1n n dr.! L% y►GI^ , rye
Will your company accept P-card payments? yes v-11" no
srAl 4-+n t � • a a
Siahature Printed Name 9 Date
k,.,w1 n 9 `_w
ITB No, 23-0007 Animal Shelter Technician
Page 27 of 29
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
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Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
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Vendor Services Agreement Page 14 of 14
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
FoRT WORTH
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
Presbyterian Night Shelter of Tarrant
County
22.67
5.67
5.67
6.33
6.33
40.00
33.51
74. 77
68.18
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)
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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.
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Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year TChartfield 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