HomeMy WebLinkAboutContract 61913CSCO 61913
FORTWORTH.
NON-EXCLUSIVE VENDOR SERVICES AGREEMENT
This NON-EXCLUSIVE VENDOR 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 THE
PRESBYTERIAN NIGHT SHELTER OF TARRANT COUNTY, INC. ("Vendor"), a Texas Nonprofit
corporation, 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 Non -Exclusive Vendor Services Agreement;
2. Exhibit A — Scope of Services,
3. Exhibit B — Price Schedule, and
4. Exhibit C — Health and Safety Exemption Determination
All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all
purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,
this Agreement shall control.
1. Scope of Services. Contractor shall provide temporary animal technician services for the
City's Animal Care and Control Centers ("Services"), which are set forth in more detail in Exhibit "A."
2. Term. The initial term of this Agreement is for one year, beginning on October 1, 2024
("Effective Date") and expires on September 30, 2025 ("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 4 one-year renewal option(s) (each a
"Renewal Term").
3. Compensation.
3.1 Vendor understands and agrees that the City will award non-exclusive agreements
to multiple vendors to provide the services described in this Agreement.
3.2 The Aggregate amount of all contracts entered into for these services will not
exceed One Million, Two Hundred Thousand Dollars ($1,200,000.00). The City makes
no promise or guarantee of the total amount of work that will be assigned to Vendor under
this Agreement.
3.3 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
OFFICIAL RECORD
Non -Exclusive Vendor Services Agreement CITY SECRETARY Page 1 of 20
The Presbyterian Night Shelter of Tarrant County, Inc.
FT. WORTH, TX
of the Texas Government Code) and provisions of this Agreement, including Exhibit "B,"
which is attached hereto and incorporated herein for all purposes.
3.4 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor 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-annronriation 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 Vendor
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 Vendor for services actually rendered up to
the effective date of termination and Vendor 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, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor 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. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, 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 Vendor. It will be the responsibility of Vendor 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.
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5.4 Unauthorized Access. Vendor 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. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor 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. RiLFht to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor 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 Vendor
reasonable advance notice of intended audits.
7. Indenendent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor 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, or contractors.
Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, 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 VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANYRESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
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AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 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 Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section, Vendor 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 Vendor 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,
Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor 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 Vendor'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, Vendor 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
documentation with equally suitable, compatible, and functionally equivalent non -infringing
software and documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
Assignment and Subcontracting.
9.1 Assignment. Vendor 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 Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor 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 Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
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10. Insurance. Vendor 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 Vendor, 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): IZI Applicable I❑ N/A
$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.
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(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
City in accordance with the notice provision of this Agreement.
(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 Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR 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:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
To VENDOR:
The Presbyterian Night Shelter of Tarrant County,
Inc
Attn: Daryl Davis, VP of Workforce and Career
Development
Non -Exclusive Vendor Services Agreement
The Presbyterian Night Shelter of Tarrant County, Inc.
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Facsimile: (817) 392-8654 2400 Cypress Street
Fort Worth, Texas 76102
With copy to Fort Worth City Attorney's Office at
the same address
14. Solicitation of Emplovees. Neither City nor Vendor 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 Vendor 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
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor 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
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.
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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. Vendor 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 Vendor's
option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
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, Vendor 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 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 Authoritv. 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 Vendor. Each
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party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Comvanv Name or Ownership. Vendor 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 Vendor 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 Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor 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. By signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
30. Prohibition on BovcottinLy Energv Companies. Vendor acknowledges that in accordance
with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (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. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (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 contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
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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 552.1371 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.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on
the date set forth in Section 2.
City:
By: Valerie Washington (Aug 27,202416:28 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: August 27, 2024
Vendor:
By; Dary R. Da i II Aug 14, 202413:30 CDT)
Name: Daryl Davis
Title: VP of Workforce and Career
Development
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
C"�e
By:
Name: Chris McAllister
Title: Code Compliance Assistant Director
Approved as to Form and Legality:
Lv lyt
By:
Name
Samuel Angel
Title:
Assistant City Attorney
Contract
Authorization:
M&C:
24-0348
Form 1295:2023-968286
08/14/2024
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: 4Xat&"&
Name: Anastasia Ramsey
Title: Code Compliance Superintendent
City Secretary:
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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The Presbyterian Night Shelter of Tarrant County, Inc.
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
c. 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.
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
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The Presbyterian Night Shelter of Tarrant County, Inc.
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
work site.
a. The City will not reimburse mileage or parking.
e. Workers are prohibited from performing duties while under the influence of alcohol or
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The Presbyterian Night Shelter of Tarrant County, Inc.
illegal drugs, or if performance is impaired, while under the influence of lawfully
prescribed or over -the- counter drugs. If in the opinion of the City, a laborer is suspected of
being impaired due to the influence of illegal drugs or lawfully prescribed or over the
counter drugs or alcohol, the laborer may be rejected at any time during the shift. Workers
may be subject to random drug and alcohol testing in accordance with the City' s
regulations.
£ The City reserves the right to reject workers provided by the successful Contractor if they
are found to be unacceptable before or after starting on the job to which they have been
assigned.
g. The City will furnish a weekly time sheet to assigned personnel, which is to be completed
and returned to the City representative supervising the assigned personnel.
h. If a worker leaves the worksite without permission, City will only pay for the hours worked.
i. There shall be no obligation on the part of the City to hire any temporary personnel that
are supplied by Contractor pursuant to this Agreement.
j. Absolutely no visitors (including family members) will be allowed at the worksite during
the course of the work shift, unless they are, in fact, workers of the Contractor assigned to
that worksite.
k. If the performance of any temporary worker is deemed unsatisfactory by City staff the
temporary worker will be dismissed immediately and the Contractor will be paid for time
actually worked by the dismissed worker.
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
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.
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The Presbyterian Night Shelter of Tarrant County, Inc.
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.
f. For safety reasons, while on duty, workers are not allowed to wear headphones,
musical devices, or sunglasses inside event facilities.
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
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The Presbyterian Night Shelter of Tarrant County, Inc.
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
£ 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
f. Communicate clearly and effectively, both orally and in writing
g. Supervise, organize, and review the work of subordinate employees
h. Supervise, train, and evaluate subordinate employees
i. Establish and maintain effective working relationships
j. Ability to read, write, and communicate effectively
4. WORKING CONDITIONS
a. The work enviromnent 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.
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The Presbyterian Night Shelter of Tarrant County, Inc.
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
1. 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.
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.
1. Communicate clearly and concisely, both orally and in writing.
j. Establish and maintain effective working relationships with those contacted in the course
of work.
k. Assignment requires standing for prolonged periods of time; heavy, moderate or light
lifting; operating motorized equipment and vehicles.
7. DRESS CODE
a. Long pants shall be worn. Pants must be clean, wrinkle -free and free of rips, holes, or
tears.
b. Long or short sleeve shirts (no tank tops). Shirts must be clean, wrinkle -free and free of
rips, holes, or tears. Shirts will be kept buttoned and tucked in at all times. (Button -up
shirts must be buttoned from second button from the top to the last button. Shirts that
have straight bottoms do not have to be tucked in).
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The Presbyterian Night Shelter of Tarrant County, Inc.
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.
1. 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
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.
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The Presbyterian Night Shelter of Tarrant County, Inc.
EXHIBIT B
PAYMENT SCHEDULE
Animal Shelter Technician Unit Unit Price
(Billed Rate)
Employee hourly rate $15. HR $23.00
Employee Supervisor hourly rate HR $22.00
$16.
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The Presbyterian Night Shelter of Tarrant County, Inc.
EXHIBIT C
HEALTH AND SAFETY EXEMPTION DETERMINATION
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Requesting Department:
Name of Contract Manager:
Department's Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Fort Worth]
Section 1: General Information
Code Compliance
Chris McAllister
Samuel Angel
II
M
f $1.2 millionl
fPresbvterian Night Shelter & Goodwill Services of
Current/Prior Agreement for item/service: Yes ® No ❑
CSC or Purchase Order #:
Amount:
Projected M&C Date:
58970/58978
estimated amount $ 1.2 million
[April 9, 2024]
How will this item or service be used? The Code Compliance Animal Control Centers
utilizes temporary work staff to perform daily operations at the Silcox and North Animal
Shelters. Theses services are needed to continue care of the animals.
Page 1 of 7
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole -source exemption, complete Section 3.
Please indicate the non -sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
M A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
[] A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
A procurement for personal, professional, or planning services;
A procurement for work that is performed and paid for by the day as the work
progresses;
A purchase of land or a right-of-way;
Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
R A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
[] A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
Services performed by blind or severely disabled persons;
[] Goods purchased by a municipality for subsequent retail sale by the municipality;
[] Electricity; or
Page 2 of 7
Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form.
This exemption is necessary to protect the health and safety of our employees and animals at our
City of Fort Worth Animal Shelters. The Code Compliance Animal Control Centers utilize
temporary work staff to perform daily operations at the Silcox and North Animal Shelters. The
shelters takes in stray animals and cares for them in order to preserve and protect the health and
safety of City residents by limiting injuries to humans and limiting damage to properties. Loose
animals can have a negative impact on the health and safety of City residents. Loose animals
often attack and bite residents and other animals, which can result in hospitalizations, medical
bills, and in some cases death. Bites can also result in the spread of zoonotic diseases such as
rabies, which is fatal if untreated. Secondly, loose animals can be involved in collisions with
vehicles and are known to damage landscaping, fencing and buildings in the process of looking
for food and shelter. Catching and impounding these animals protects the health and safety of
Fort Worth residents as well as their property.
The services provided by vendors are indispensable for maintaining the cleanliness and health of
our shelters and the animals housed within. Particularly in the current job market, these vendors
are essential in ensuring we have adequate staff to operate smoothly each day. Without sufficient
shelter technicians, the shelters may experience a decline in adoptions, an increase in euthanasia
rates, heightened disease transmission among shelter animals, and a decrease in the number of
surgeries performed. Moreover, inadequate staffing impedes the proper rotation of dogs for
outdoor activities and delays the cleaning of cages and yards. As such, Animal Care and Control
is seeking a new agreement for a total funding of $1.2 million to sustain these crucial services..
Section 3: Claimed Sole -Source Exemption and Justification
NOTE - For any non -sole -source exemption, complete Section 2.
Please indicate the sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
*A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents, copyrights,
secret processes, or natural monopolies;
• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
Page 3 of 7
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum, park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
Did you attach a sole source justification letter? ❑ Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
Section 4: Attornev Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? fN Yes ❑ No.
Was there anything attached to this form that was relied on in making this determination?
❑ Yes F;J No.
If yes, please explain:
Was there anything not included on this form or attached hereto that was relied on in making this
determination? ❑ Yes F;J No.
If yes, please explain:
Will the standard terms and conditions apply?
Will the contract require special terms?
M Yes ❑ No.
❑ Yes F;J No.
Page 4 of 7
Will the contract require review by the department attorney? N Yes n No.
Approved By:
ga,a,�
Date: 2/15/2024
aylor Paris 1 Jessika Williams
Assistant City Attorney
Page 5 of 7
EXEMPTION FORM PRIMER
Below are explanations and examples of common exemptions that could apply to City purchases.
If you have questions about the information provided or need additional information, please
contact your department's assigned attorney or the appropriate purchasing attorney.
A procurement necessary to preserve or protect the public health or safety of the
municipality's residents;
Examples of activities that have been found to fall within this exception include ambulance
services; solid waste collection and disposal; and first -responder safety equipment such as
breathing apparatus for firefighters and bullet-proof vests for police officers.
2. A procurement necessary because of unforeseen damage to public machinery, equipment,
or other property;
Examples of this type of procurement would include repairing or replacing roofs and
windows damaged by hail or a tornado. But parts and services for routine maintenance or
replacement of old, worn out roofs or windows would not meet this exception.
3. A procurement for personal, professional, or planning services;
Personal services are ones that are unique to the individual providing them. Therefore
personal services contract cannot generally be subcontracted or assigned.
Professional services are not defined under Chapter 252, so there is no precise definition
to follow. There is no universal definition of this term, however, "several cases suggest
that it... is `predominately mental or intellectual, rather than physical or manual."' Tex.
Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Water Co., 160
S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has
also opined that "professional services" no longer includes only the services of lawyers,
physicians, or theologians, but also those members of disciplines requiring special
knowledge or attainment and a high order of learning, skill, and intelligence. Id.
Facts needed to support a professional service exemption include the specialized
requirements of that profession and the mental and intellectual skill required by the person
while performing the service. Purchases of goods are not professional services.
4. A procurement of items that are available from only one source.
This exemption is commonly referred to as the sole source exemption. In determining
whether a purchase is of a good or service that is available from one source, you should
not consider price or time to receive the good or service. A sole source does not exist solely
on the basis of personal or departmental preference or a desire to keep all units the same
brand or make. The information needed to support this exemption is that no other provider
Page 6 of 7
can provide the service or category of good except for the vendor you are proposing. Some
examples of sole source purchases include service agreements when only one vendor is
authorized to work on the equipment by the manufacturer and allowing another vendor
would void the warranty; purchase of a good that is copyrighted or trademarked and only
provided by one vendor.
Page 7 of 7
M&C Review
Page 1 of 2
A
CITY COUNCIL AGEND
Create New From This M&C
Official site of the City of Fort Worth, Texas
FoRT WORTH
REFERENCE **M&C 24- 23ANIMAL SHELTER
DATE: 4/23/2024 NO.: 0348 LOG NAME: TECHNICIAN TEMPORARY
SERVICES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of an Agreement with Goodwill Industries of Fort Worth, Inc.
and Presbyterian Night Shelter of Tarrant County for Temporary Employment Services in
an Amount Not to Exceed $1,200,000.00 Annually and Authorize Four One -Year
Renewal Options for the Same Annual Amount for the Code Compliance Department
RECOMMENDATION:
It is recommended that City Council authorize the execution of an agreement with Goodwill Industries
of Fort Worth, Inc. and Presbyterian Night Shelter of Tarrant County for temporary employment
services in an amount not to exceed $1,200,000.00 annually and authorize four one-year renewal
options for the same annual amount for the Code Compliance Department.
DISCUSSION:
The Code Compliance Department heavily relies on temporary personnel to effectively manage the
daily operations of its animal shelters. Temporary animal shelter technicians are necessary for Code
Compliance to enhance adoption rates, provide preventive care options, and minimize disease
transmission within the shelter, ultimately reducing euthanasia rates. Initially, the requested amount
of $900,000.00 on ITB No. 23-0007 was intended to support the hiring of temporary personnel
necessary to adequately staff both animal shelters. The aim was to ensure that all essential tasks for
daily operations were efficiently carried out. However, persistent overcrowding at the shelters, a
significant increase in the number of animals being admitted, and challenges in retaining full-time
employees necessitated the acquisition of additional staff. These extra personnel were vital to fill
vacant positions, implement supplementary disease control measures, and provide assistance in the
daily care of animals, as both shelters had reached their capacity.
Moreover, inadequate staffing hinders the proper rotation of dogs for outdoor activities and causes
delays in the cleaning of cages and yards. Therefore, the Code Compliance Department is seeking a
new agreement for a total funding of $1,200,000.00 to sustain these crucial services. This
procurement is essential to uphold the public health and safety of the residents of the City of Fort
Worth.
DVIN-BE: Code Compliance Department was approved for a chapter 252 exemption by the Legal
Department. Therefore, the business equity goal requirement is not applicable.
RENEWAL TERMS: This agreement may be renewed for four additional, one-year terms. This action
does not require specific City Council approval provided that the 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.
Funding is budgeted in the Code Compliance Department's General Operation & Maintenance
category within the General Fund, as appropriated.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32055&councildate=4/23/2024 8/14/2024
M&C Review
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FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds are available
in the current operating budget, as previously appropriated, in the General Fund. Prior to any
expenditure being incurred, the Code Compliance Department has the responsibility to validate the
availability of funds.
TO
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Valerie Washington (6199)
Oriqinatinq Department Head: Chris McAllister (2766)
Additional Information Contact:
ATTACHMENTS
23ANIMAL SHELTER TECHNICIAN TEMPORARY SERVICES.docx (CFW Internal)
DVIN Waiver for 23Animal Shelter Tech Temp Services 03-08-24.Ddf (CFW Internal)
FID Table -Animal Shelter Technicians 03-26-24A.xlsx (CFW Internal)
Form 1295 Goodwill NCT.Ddf (CFW Internal)
Goodwill and PNS Exemption Form final 03.01.24.Ddf (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32055&councildate=4/23/2024 8/14/2024