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HomeMy WebLinkAboutContract 60099City Secretary Contract No. 60099 FORT WORTH, "1*41 FACILITIES USE REOUIREMENTS FOR THE PREMISES 1.0 LOCATION 1.1 Location. City grants to Contractor the use of certain space within the following Locations: Chuck and Brenda Silcox Animal Shelter located at 4900 Martin St., Fort Worth, Texas 76119 and the North Animal Shelter located at 351 Hillshire Dr., Fort Worth, Texas 76052 ("Premises") for the purpose of performing services ("Services") identified in Exhibit A — Scope of Services for FWACC. 1.2 Condition of the Premises. Contractor expressly acknowledges and agrees that it has conducted a full and complete physical examination of the Premises and hereby accepts the Premises, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. 2.0 USE OF THE PREMISES 2.1 Contractor may use the Premises to conduct the Services according to this Agreement in support of its mission and for no other purpose. 2.2 Contractor will only have use of the Premises for the duration of this Agreement beginning from 7:00 am to 6:00 pm, Central Standard Time or Central Daylight Time (whichever is applicable). Contractor may use Premises during FWACC non -operating hours at FWACC's discretion. 2.3 If there is a change in hours or availability of the Premises, such change will not give rise to any claim against the City by the Contractor. 2.4 Contractor may bring onto the Premises any equipment reasonably necessary to further the intended use of the Premises. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2.5 Contractor may not use any part of the Premises for any use or purpose that violates n pplicable law, regulations, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Premises. 2.6 Contractor understands and agrees that the parking areas at the Premises are not for the exclusive use of the Contractor and that the City and the Premises' patrons may use the parking spaces at any time. 3.0 HOLDOVER TENANCY Unless terminated earlier under the terms of this Agreement, this Agreement will expire without further notice when the Term expires. Any holding over by Contractor after the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the Premises, except as a tenant at will. 4.0 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor will: 4.1.1 Ensure that Contractor's employees, representatives, volunteers, or other associates, and any other individual using the Premises comply with any and all policies, rules, and regulations governing the use of the Premises. The City will provide a copy of any such policies, rules, and regulations within a reasonable time after request by the Contractor. 4.1.2 Contractor's employees, representatives, volunteers, or other associates will not remain in the Premises beyond the Contractor's approved hours, except in instances of imminent danger to the Program Participants, severe weather conditions, emergencies declared by the City, and other situations determined in the sole discretion of the City. 4.1.3 Notification of changes to Program schedules, including cancellation, but excluding emergencies or Force Majeure Events, must be provided to the City at least 24 hours before the scheduled start time. In case of emergency or Force Maj eure Events, the Contractor must notify the City promptly upon learning of such emergency or Force Majeure Events. 4.1.4 NOT USE THE PREMISES FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS. 4.1.5 Report any maintenance or repair needs to the City as soon as practicable. 4.1.6 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Premises. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. Contractor will place language in its contracts with subcontractors that subcontractors shall notify City as required by Contractor in this subsection. 4.1.7 While City will commission and oversee all repairs, Contractor will reimburse City for any repairs that are made for any Contractor caused damage that occurs during Services hours. 4.1.8 To the extent needed or required to perform the services provided under the Agreement, the City will provide Contractor with necessary keys and security codes for access to the Premises. 4.1.9 Contractor will notify City immediately if the security of the Premises is compromised. 4.2 The City will: 4.2.1 Furnish the necessary existing utilities and electrical power available at the Premises for the ordinary and intended use of such, which includes lighting, heat and air conditioning, and water. City shall not be liable or responsible for accidents or unavoidable delays. 4.2.2 Ensure the Premises is suitable for its intended purpose. 4.2.3 Ensure the Premises is ready for set up by Contractor in accordance with any reasonable requests of the Contractor. 5.0 LIENS Contractor will do no act or make any contract that may create or be the foundation for any lien upon or interest in any City property. Any such contract or lien attempted to be created or filed will be void. Should any purported lien on City property be created or filed, Contractor, at its sole expense, will liquidate and discharge the same within ten (10) calendar days after notice from the City to do so. Should Contractor fail to discharge the same, such failure will constitute a breach of this Agreement, and the City will have the right to terminate this Agreement immediately. However, Contractor's financial obligation to City to liquidate and discharge such lien will survive after the termination of this Agreement and until such a time as the lien is discharged. 6.0 CARE OF THE PREMISES 6.1 Contractor, at Contractor's own expense, must keep the Premises and maintain all equipment and other properties of City in a safe and sanitary condition in good repair during all Services or scheduled time set forth in this Agreement. Contractor will restore and yield said Premises, equipment, and all other properties belonging to the City back to City at the expiration of the Services or scheduled time set forth in this Agreement in as good or better condition as it existed at the beginning of the Services or scheduled time set forth in this Agreement and in which Contractor found them. 6.2 Contractor will not do or permit to be done any injury or damage to the Premises, or any part thereof, or permit to be done anything that will damage or change the finish or appearance of the Premises or the furnishings thereof or any other property belonging to the City by the erection or removal of equipment or any other improvements, alterations, or additions. No decorative or other materials will be nailed, tacked, screwed, or otherwise physically attached to any part of the Premises, or to any of the furnishings or fixtures of the City, without the prior written consent of the City. 6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage that may be done to the Premises or any of the fixtures, furniture, or furnishings by any act of Contractor or any of Contractor's officers, representatives, servants, employees, agents, Program Participants, or anyone visiting the Premises upon the invitation of the Contractor. The City will determine, in its sole discretion, whether any damage has occurred, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of this Agreement, the Contractor is responsible. City will be the sole judge of the quality of the maintenance and/or damage of the Premises, furnishings, fixtures, or furniture by the Contractor. The costs of repairing any damage to the Premises will be immediately due and payable by the Contractor upon Contractor's receipt of a written invoice from City. 6.4 Subject to the prior written consent of the City, Contractor may place any signs within the Premises necessary to indicate Contractor's name and location. Any sign must be prepared and installed by the Contractor, at its sole cost, and in accordance with applicable City rules and regulations and in keeping with the Premises' decor. Any special requirements of Contractor contrary to the above must be made a part of this Agreement by written amendment. 7.0 FORCE MAJEURE If either party is unable, either in whole or part, to fulfill its obligations under this License due to: • Acts of God; • Strikes, lockouts, or other industrial disturbances; • Acts of public enemies; • Wars; • Blockades; • Insurrections; • Riots; • Epidemics or pandemics; • Public health crises; • Earthquakes; • Fires; • Floods; • Restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; • Declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; • Issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; • Any arrests and restraints; • Civil disturbances; • Explosion; or • Some other reason beyond the parties' reasonable control (collectively "Force Majeure Event"), The obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its Premises, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Contractor hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. 8.0 RIGHT OF ENTRY AND INSPECTION In providing use of the Premises by Contractor, City does not relinquish the right to control the management of the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. After receiving notice by City, Contractor must permit City or its agents, representatives, or employees to enter the Premises for the purposes o£ • inspection; • determining whether Contractor is complying with this Agreement; • maintaining, repairing, or altering the Premises; • or any other reasonable purpose. During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this Agreement or under its governmental duties under federal, state, or local laws, rules, or regulations. In the event of an emergency, no advance notice from City is required. 9.0 LICENSES AND PERMITS Contractor will, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operation. 10.0 ADDITIONAL DUTIES UPON TERMINATION In addition to the duties described in the Agreement, Contractor will comply with the following upon termination or expiration of the Agreement: 10.1 Before the effective date for expiration or termination of the Agreement, Contractor must promptly remove all of its personal property; provided, however, Contractor shall not be obligated to remove any fixtures. Contractor must also repair any damage to the Premises that occurred during Contractor's use of the Premises, including, but not limited to, any damage that Contractor causes during removal of Contractor's property, to the reasonable satisfaction of the City. 10.2 If Contractor fails to comply with its obligations in this Section, City may, at its sole discretion: (i) remove Contractor's personal property and otherwise repair the Premises and invoice Contractor for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) calendar days of its delivery to Contractor; (ii) following no less than thirty (30) calendar days prior written notice to Contractor, take and hold any of Contractor's personal property as City's sole property; or (iii) pursue any remedy at law or in equity available to City. If Contractor fails to surrender the Premises to City following termination or expiration of the Agreement, all liabilities and obligations of Contractor hereunder will continue in effect until such is surrendered. 10.3 Upon termination, all funds owed to the City will be due and payable by the tenth (1 Oth) calendar day after the effective date of termination. 11.0 ACCESS 11.1 Contractor will only use areas of the Premises that are approved in advance by City. 11.2 Contractor will assure that its employees, representatives, volunteers, or other associates adhere to the Services hours set forth in the Agreement. Earlier access may only be granted by prior written arrangement. 11.3 Contractor shall not congregate or loiter in front of the main entrance of the Premises or in the parking lot. (Signature Page to Follow) Executed effective as of the date signed by the Assistant City Manager below: City: By: Valerie Washington (Sep 13, 202310:00 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Contractor: By: Ed Jarnis9djSep 13, 2023 05:15 CDT) Name: Ed Jamison Title: Chief Executive Officer Date: 9-13-23 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Chris McAllister Title: Code Compliance Assistant Director Approved as to Form and Legality: . Vv�k 1 u' By: Name: Kevin Anders Title: Assistant City Attorney Contract Authorization: M&C: N/A 1295: N/A 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: Chris McAllister Title: Code Compliance Assistant Director City Secretary: 0000nq�� 4 A- F°Rraa� 0 9.Idd aannb�oa 544v By: Name: Jannette Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Scope of Services for FWACC I. ANIMAL SHELTER VETERINARY SERVICES A. General Veterinary Care 1. Spaying and neutering services for all eligible animals. I. Pre -Operative Phase A. Animal Assessment and Health Check 1. Conducting a thorough examination of each animal scheduled for spay/neuter surgery. 2. Evaluating the overall health and suitability for surgery. B. Pre -Surgical Preparation 1. Administering pre -operative medications and sedatives, if necessary. 2. Ensuring animals are fasted appropriately prior to surgery. C. Consent and Documentation 1. Obtaining consent from the owner or authorized representative for the surgery. 2. Documenting relevant medical information, including vaccinations, allergies, and any pre-existing conditions. II. Surgical Phase A. Anesthesia Administration 1. Administering anesthesia to animals undergoing surgery. 2. Monitoring vital signs throughout the procedure to ensure patient safety. B. Surgical Procedures 1. Performing spay/neuter surgeries on cats, dogs, and other eligible animals. 2. Following established surgical protocols, including sterilization techniques and surgical site preparation. C. Pain Management 1. Providing appropriate pain relief measures before, during, and after surgery. 2. Administering pain medication based on individual animal needs. D. Monitoring and Support 1. Monitoring vital signs and anesthesia depth during the surgical procedure. 2. Ensuring a sterile surgical environment and following proper aseptic techniques. III. Post -Operative Phase A. Recovery and Monitoring 1. Monitoring animals during the recovery period to ensure they wake up safely from anesthesia. 2. Providing a warm and comfortable environment for post- operative care. B. Pain Management and Medication 1. Administering post -operative pain medication as needed. 2. Prescribing and providing appropriate medications for post -operative care. C. Post -Operative Instructions 1. Providing detailed instructions to owners or caretakers regarding post -operative care, including wound management, activity restrictions, and medication administration. 2. Addressing any concerns or questions related to the animal's recovery. B. Vaccination Services 1. Core Vaccines a. Administering essential vaccinations recommended for all animals, such as: 1. Rabies vaccine 2. Canine distemper vaccine 3. Feline panleukopenia vaccine 4. Canine parvovirus vaccine 2. Non -Core Vaccines a. Providing optional vaccinations based on individual animal needs and risk factors, such as: b. Bordetella vaccine (kennel cough) c. Canine influenza vaccine d. Feline leukemia vaccine 3. Maintaining vaccination records and ensuring compliance with legal requirements. C. Vaccination Scheduling and Reminders 1. Developing vaccination schedules tailored to the specific needs of animals. 2. Sending reminders to pet owners for upcoming vaccinations and booster shots. D. Heartworm Treatment Services 1. Testing and Diagnosis a. Conducting heartworm testing using appropriate diagnostic methods. b. Interpreting test results and determining the presence or absence of heartworm disease. 2. Prevention and Education a. Educating pet owners about the importance of heartworm prevention. b. Recommending and prescribing heartworm preventive medications based on individual animal needs and risk factors. 3. Treatment a. Developing treatment plans for animals diagnosed with heartworm disease. b. Administering appropriate medications and monitoring the progress of treatment. 4. Post -Treatment Care a. Providing guidance and support to pet owners on post -treatment care and management. b. Conducting follow-up testing to ensure successful treatment and monitor for any potential complications. E. Medication Management 1. Prescription and administration of medications, including pain management. 2. Ongoing monitoring of medication effectiveness and adjustments as required. F. Collaboration and Referral 1. Collaboration with internal veterinary specialists, as needed. 2. Referral of complex cases or specialized procedures to internal veterinary providers. IL ANIMAL ENRICHMENT AND BEHAVIOR A. Behavioral Assessments 1. Conducting behavior assessments to evaluate the temperament and needs of shelter animals. 2. Developing individualized behavior modification plans for animals with behavioral challenges. 3. Conducting initial behavioral assessments to evaluate the temperament, personality, and needs of shelter animals. 4. Identifying any specific behavioral challenges or issues that require targeted enrichment interventions. 5. Documenting and maintaining records of behavioral assessments to track progress and inform enrichment plans. B. Enrichment Programs 1. Designing and implementing individualized enrichment plans for shelter animals based on their specific needs and preferences. 2. Providing mental and physical stimulation through various enrichment activities, such as: a. Interactive toys and puzzles. b. Environmental enrichment, including hiding spots, perches, and scratching posts. c. Training sessions and positive reinforcement techniques. d. Sensory enrichment, such as different textures, scents, and sounds. 3. Monitoring and evaluating the effectiveness of enrichment activities and adjusting as necessary. C. Adoption Counseling 1. Assessing potential adopters' compatibility with specific animals. 2. Offering guidance and advice on managing and addressing behavior concerns after adoption. D. Training and Education 1. Providing training and behavior modification sessions for shelter animals. 2. Conducting educational programs for shelter staff, volunteers, and the community on animal behavior and welfare. 3. Providing training and education sessions for shelter staff and volunteers on animal enrichment principles and techniques. 4. Equipping staff and volunteers with the necessary skills to implement enrichment programs consistently and effectively. 5. Promoting a collaborative and supportive environment for enrichment initiatives. E. Evaluation and Progress Monitoring 1. Regularly evaluating the impact of enrichment programs on animal behavior, stress levels, and overall well-being. 2. Collecting data and feedback from staff, volunteers, and adopters to assess the effectiveness of enrichment strategies. 3. Modifying enrichment plans based on evaluation results and continuous improvement efforts. III. ANIMAL INTAKE SERVICES A. Diversion Services 1. Pet Retention Programs a. Offering resources and support to help pet owners keep their animals at home, including behavior counseling, training, and financial assistance. b. Developing strategies to address common reasons for animal surrender and working collaboratively with pet owners to find solutions. 2. Foster Programs a. Establishing and maintaining foster care programs to provide temporary homes for animals, reducing the need for shelter intake. b. Recruiting and training foster caregivers, ensuring the well-being of animals in foster care. 3. Community Outreach and Education a. Conducting educational programs and workshops to raise awareness about responsible pet ownership, spaying/neutering, and animal welfare. b. Collaborating with local organizations and community resources to provide information and assistance to pet owners. B. Training and Education 1. Staff and Volunteer Training a. Providing comprehensive training to shelter staff and volunteers on animal handling, behavior assessment, and safe and humane animal care practices. b. Promoting a positive and compassionate approach in all interactions with animals. 2. Public Education Programs a. Developing and delivering educational programs to schools, community groups, and the general public on animal welfare, responsible pet ownership, and humane treatment of animals. b. Promoting the importance of spaying/neutering and the benefits of adoption. C. Collaboration and Partnerships 1. Collaborating with Local Agencies and Organizations a. Building partnerships with local animal control agencies, rescue groups, and veterinary clinics to enhance animal intake diversion efforts. b. Sharing resources and coordinating efforts to provide comprehensive support to animals and pet owners in need. 2. Networking and Adoption Events a. Organizing adoption events and participating in community outreach activities to increase the visibility of shelter animals and facilitate adoptions. b. Collaborating with local businesses, rescue organizations, and volunteers to expand the reach of adoption efforts. Note: The scope of services provided may vary based on the specific resources, staffing, and policies of the animal shelter.