HomeMy WebLinkAboutContract 39861-A1CITY SECRETARY
CONTRACT NO. 3N' 0 i-- P A
AMENDMENT #1
TO ADOPTION PROGRAM AND GRANT AGREEMENT
(Fort Worth City Secretary Contract #39861)
THIS AMENDMENT TO THE ADOPTION PROGRAM AND GRANT AGREEMENT, as
Added to ("Amendment #1 ") is made and entered as of the last date signed below (the "Effective
Date"), by and between PetSmart Charities Inc. ("Charities"), whose place of business is 19601
North 27th Ave., Phoenix, AZ 85027 and The City of Fort Worth, TX ("Agency
Partner")(collectively, "Parties" or individually as "Party") and is as follows:
RECITIALS
WHEREAS, Charities and Agency Partner are parties to that certain Adoption Program and
Grant Agreement, with Effective Date of February 19, 2010, (the "Agreement") and under which
Agency Partner maintains an Adoption Center ("Adoption Center' also "Enhanced Center") at
PetSmart Store #187.
WHEREAS, Charities and Agency Partner desire to amend the Agreement to modify terms of
same.
NOW THEREFORE, in consideration of the mutual promises set forth herein and other good
and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the
parties agree that the Agreement shall be amended and modified by the following terms and
conditions set forth herein:
Additional Enhanced Center Location. In addition to the Enhanced Center located at
PetSmart Store #187, Agency Partner will maintain an additional Enhanced Center
located at PetSmart Store #2065, 2900 Heritage Trace Parkway, Fort Worth, TX 76177.
The terms and conditions of the original Adoption Program and Grant Agreement dated
February 19, 2010 (otherwise known as City Secretary Contract #39861), and subject to
this Amendment, shall apply to both locations.
2. Addition to Section 2. The following is hereby added to Section 2 of the Agreement:
2.12 Agency Partner shall make all reasonable efforts to ensure that at all times, the
Adoption Center is populated with Animals for adoption at a level equal to seventy
five percent (75%) of the maximum number of Animals permitted in such Adoption
Center. As an Enhanced Center, Animals shall be transported between the
Agency Partner's shelter and the Enhanced Center with a frequency and on a
schedule mutually agreed upon by Agency Partner, Charities and PetSmart.
Agency Partner will remove any Animal from the Adoption Center in the event any
Animal has not been adopted for an extended period of time and removal is in the
best interest of the pet, or if removal is requested by Charities or PetSmart, with or
without cause.
3. Addition to Section 3. The following is hereby added to Section 3 of the Agreement:
3.8 If Agency Partner is located in an Enhanced Center, Agency Pa er [s-expected
complete a minimum number of adoptions as may be determine fly PetSmart,,.
Charities from time to time by additional amendment to this agre ment', which'sARO
CITY SECRETARY
FT. WORTH, Ti
11 -02 -1 1 PO4•"
minimum is currently twenty (20) or more adoptions per week from each Enhanced
Center location.
4. Section 5.2. This section is hereby deleted in its entirety and replaced with the following:
"Agency Partner shall reimburse Charities for supplies at $2,975.00 per quarter
for each Enhanced Center location, to be billed quarterly. Review of the costs
will occur annually and may be adjusted accordingly by additional amendment to
this contract. Charities will submit an invoice to Agency Partner in a format
consistent with Schedule B within 30 days of the close of each fiscal quarter and
Agency Partner shall pay the amount invoiced within 30 days of the invoice date."
5. Section 6.2. This section is modified so that the first sentence of the paragraph is
deleted in its entirety and replaced with the following:
"The term of the Agreement commences as of the Effective Date and the term expires
co-terminously with the termination date of Amendment 1 to this Agreement, unless
terminated earlier in accordance with this Agreement"
6. Term of Amendment 1. The term of this Amendment will begin on the Effective Date
and continue for a period of three years, unless terminated earlier in accordance with the
Agreement.
Each of PetSmart Charities' and Agency Partner's signatures below indicates that
such Party has read, understands, agrees to and will abide by the above terms
and that the person signing on behalf of such Party is authorized to bind and sign
for such Party and agree to this Agreement on such Party's behalf.
"PETSMART CHARITIES"
PETSMART CHARITIES, INC.
Signature: C,
Name: kl l/,f
Title:/ -
Date: 1D lZ� li
Address for Notices:
PetSmart Charities, Inc.
Attn: Legal Department
19601 North 271h Avenue
Phoenix, AZ 85027
"AGENCY PARTNER"
CITY OF FORT WORTH ANIMAL
CARE & CONTR
Signature:
Name: Cha►-%s W, Wld1�-%
Title: ANSI4an+ C 1 +v Manama
Date: /0- Zo. //
Address for Notices:
Charles W. Daniels, Assistant City
Mgr.
City of Fort Worth
1000 Throckmorton Stre tOFFICIAL RECORD
Forth Worth, TX 76102 CITY SECRETARY
FT. WORTH, T.1
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Contract Auth`oriz*tio"'
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Approved as to form and legality:
Arthur N. Bashor
Assistant City Attorney
Attest:
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Marty Hendrix"
City Secretary p °®� F �j
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M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2011
DATE: Tuesday, October 18, 2011 REFERENCE NO.: G-17413
LOG NAME: 23PETSMART CHARITIES CONTRACT ADDENDUM #1
SUBJECT:
Authorize Execution of Contract Addendum No. 1 to the Original Contract with PetSmart Charities
Expanding the Number of Satellite Shelter Pet Adoption Centers from One to Two (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Addendum No. 1 to the original contract
between the City and PetSmart Charities expanding the number of satellite shelter pet adoption centers
from one to two.
DISCUSSION:
On February 9, 2010, City Council authorized execution of a contract with PetSmart Charities to establish
a City -operated Shelter Pet Adoption Center within a PetSmart retail store located at 4800 Southwest
Loop 820 in Fort Worth. The center was established with contributions from PetSmart Inc., PetSmart
Charities and a local private donor group that has since expanded to well over 1,000 individuals. Due to
these generous contributions and adoption revenues generated from the site, the center has operated for
approximately 17 months without any expense to the City. The success of the center has also garnered
national attention and awards. Since it opened in late -April 2010, over 2,400 shelter pets have been
adopted from the Hulen location and city-wide adoptions increased by 116 percent.
Due to the success of this first -of -its kind municipal animal shelter adoption center within a retail store,
PetSmart Charities has offered another location to the City for a second satellite adoption center. This
second center, located at 2900 Heritage Trace Parkway in north Fort Worth is scheduled to open in
December 2011.
Addendum No.1 to the original contract acknowledges a second location, defines further some existing
agreements that were in place pertaining to the number of animals required on -site, adoption criteria and
supply costs.
This second location will also be able to operate without any additional City contributions due to the
success of recent fund-raising campaigns and through the use of adoption revenues generated from both
locations.
It is anticipated that an additional 1,400 shelter pets will be adopted from this location annually. Staff will
return at a later date for appropriation of funds to support this project.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
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M&C - Council Agenda
Page 2 of 2
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
FROM Fund/Account/Centers
Charles Daniels (6199)
Brandon Bennett (6322)
Scott Hanlan (7204)
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