HomeMy WebLinkAboutContract 6225462254
ADDENDUM TO OFFICE OF CONTINUING EDUCATION AND
CONTRACT TRAINING PROPOSAL NO. NW061224
BETWEEN THE CITY OF FORT WORTH & SANTA FE COMMUNITY
COLLEGE
This Addendum to Office of Continuing Education and Contract Training Proposal No.
NW061224 ("Proposal") is entered into by and between Santa Fe Community College ("Vendor")
and the City of Fort Worth ("City"), collectively the "Parties."
The Contract documents shall include the following:
1. The attached Proposal; and
2. This Addendum.
Notwithstanding any language to the contrary in the attached Proposal (the "Agreement"),
the Parties hereby stipulate by evidence of execution of this Addendum below by a representative
of each party duly authorized to bind the parties hereto, that the parties hereby agree that the
provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Scone of Services. Vendor will provide training and certification exams for City's
weatherization technicians on an as -needed basis. This includes, but is not limited to: Energy
Auditing Certifications, QCI Certifications, Combustion Testing, Air and Duct Sealing Testing,
and Pressure Diagnostic Testing.
2. Term. The Agreement shall become effective upon the signing of the Agreement
by an Assistant City Manager of the City (the "Effective Date") and shall expire one year later (the
"Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement
("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under
the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal
Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this
Agreement, including the attached Proposal. Total annual compensation under this Agreement
will not exceed Seventy Thousand Dollars ($70,000.00). 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.
The Parties may engage in multiple transactions to purchase training and certification
exams under this Agreement. For each purchase made pursuant to this Agreement, Vendor must
supply a quote. If the City accepts the quote and places and order, that quote shall be considered
an addendum to this agreement but is not required to be filed in the City records. The Parties will
maintain all quotes for the 3-year Audit period included herein.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 1 of 7
4. Termination.
a. Convenience. Either City or Vendor may terminate the Agreement at any
time and for any reason by providing the other parry with 30 days written notice of
termination.
b. Fiscal Funding Out. 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 the Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds have been appropriated.
C. Duties and Obligations of the Parties. In the event that the Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually
rendered up to the effective date of termination and Vendor shall continue to provide City
with services requested by City and in accordance with the Agreement up to the effective
date of termination. Upon termination of the Agreement for any reason, Vendor shall
provide City with copies of all completed or partially completed documents prepared under
the Agreement. In the event Vendor has received access to City information or data as a
requirement to perform services hereunder, Vendor shall return all City provided data to
City in a machine-readable format or other format deemed acceptable to City.
5. Independent 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 respondent 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, contractors, or
contractors.
6. Law and Venue. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, any such terms are hereby deleted from the
Agreement and the Parties agree to be silent on such issues.
Addendum Page 2 of 7
7. 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:
7.1 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):
$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.
7.2 General Requirements
Addendum Page 3 of 7
(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.
(b) The workers' compensation policy must include a Waiver of
Subrogation (Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction
in limits of coverage must be provided to City. Ten (10) days' notice will
be acceptable in the event of non-payment of premium. Notice must be sent
to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth,
Texas 76102, with copies to the Fort Worth City Attorney at the same
address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of
A- VII in the current A.M. Best Key Rating Guide, or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required, written approval of Risk
Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all
required insurance will be delivered to the City prior to Vendor proceeding
with any work pursuant to this Agreement.
8. Sovereign Immunitv. Nothing herein constitutes a waiver of City's sovereign
immunity. To the extent the Agreement requires City to waive its rights or immunities as a
government entity; such provisions are hereby deleted and shall have no force or effect.
9. LIABILITY. TO THE EXTENT ALLOWED UNDER LAW, VENDOR
WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY HIND 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, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
10. GENERAL INDEMNIFICATION. TO THE EXTENT ALLOWED UNDER
LAW, VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND
Addendum Page 4 of 7
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 ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
11. Addendum Controlling. If any provisions of the attached Agreement, conflict with
the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of City, the terms in this Addendum shall control.
12. Immigration Nationalitv Act. Vendor shall 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 shall provide City
with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Vendor shall 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. TO THE EXTENT ALLOWED
UNDER LAW, VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
13. No Bovcott of Israel. If Vendor has fewer than 10 employees or the Agreement is
for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor
certifies that Vendor's signature provides written verification to City that Vendor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
14. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years
after final payment under the Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Vendor involving transactions relating to the
Agreement. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable
advance notice of intended audits.
Addendum Page 5 of 7
15. Prohibition on Bovcottina Enerav Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly
or partly from public funds of the City with a company with 10 or more full-time employees unless
the contract contains a written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. 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 City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
16. Prohibition on Discrimination Aaainst Firearm and Ammunition Industries.
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. 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 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.
(signature page follows)
Addendum Page 6 of 7
ACCEPTED AND AGREED:
CITY:
City of Fort Worth
By: C--V�
Name: Jesica McEachern
Title: Assistant City Manager
Date:
Approval Recommended:
By:
K"
Name: Kacey Bess
Title: Director, Neighborhood Services
Attest: a F— o; ,n 4,a
0 ,>
0O^ =d
°nn �aagab
By: ,
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Santa Fe Community College
By: 10/17/2024
Name: Nick Telles
Title: Vice President for Finance & CFO
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.
/DaOU&
By:
Name: Pamela Rambo -Sexton
Title: Acting Assistant Director,
Neighborhood Services
Approved as to Form and Legality:
By:
Name:` Jessika J. Williams
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Addendum Page 7 of 7
Santa Fe Community College
Office of Continuing Education and Contract Training
PROPOSAL No. NW061224
Santa Fe Community College agrees to provide City of Fort Worth, TX with the following services:
Services Description: Cost to provide the following identified training:
Classes:
(1) - EA Online class registration
$595 — Self paced, online
(1) — BPI -EA In Person 2-day, Prep and Exams (EA Field and Written Exams) in Santa Fe at SFCC
$2,599, Date: Summer 2024 (Specifics date TBD for Summer 2024)
(1) - QCI Online class registration
$395 - Self Paced online
(1) — BPI-QCI Remotely proctored Exam
$799, Date: Summer 2024, after student passes EA Exams, (Specific date TBD)
Dates and Times: Student will be registered into online classes once proposal is signed by City of Fort
Worth, with immediate access upon registration. In person EA prep/ exam dates TBD (Summer 2024).
Location: Classes and QCI Exam are online. The 2-day EA prep and EA Exams to be completed In Santa
Fe at ESA Lab:
Energy Smart Academy Lab
Santa Fe Community College
ICE-31%
6401 Richards Avenue
Santa Fe, NM 87508
Total Costs Per Class:
Num Participants
1
1
1
1
Total:
Description Cost Per Total
Student
Energy Auditor Training (Online) $595.00 $595.00
BPI -Energy Auditor Prep and Exam (2 days) in $2,599.00 $2,599.00
person at Santa Fe Community College
Quality Control Inspector Training
(Online)
BPI -Quality Control Inspector Remote
Proctored Exam (Online)
TOTAL COST: $4,388.00
$395.00 $395.00
$799.00 $799.00
$4,388.00 $4,388.00
Payment: Santa Fe Community College will invoice City of Fort Worth, TX, payment due upon receipt.
Responsibilities: Santa Fe Community College agrees to:
1. Provide qualified instructors.
Provide training, materials, and training documentation for students who complete attendance,
participation and activity requirements.
When applicable, provide students with a digital badge upon successful completion of the
course.
City of Fort Worth, TX agrees to:
1. Provide signed contract.
2. Provide students.
3. Provide the class name, student name, student email address and student phone number to
enroll in the training.
4. When applicable, ensure student(s) sends request for badge upon completion of course.
Intellectual Property:
Title to and all intellectual property rights in the Training Services Curriculum and materials provided
by Santa Fe Community College shall be retained by SFCC and remain vested exclusively to SFCC. Client
shall use the materials for the sole purpose of distributing them or making them available to students
for their use in the Training Services. Materials distributed to students may be retained by students for
their future use. Materials shall not be copied or distributed to others who are not enrolled in the
training program.
Acceptance: Upon signing of this proposal, Santa Fe Community College will proceed with
preparations to deliver services and will consider the proposal accepted.
Contacts:
The contact person at Santa Fe Community College:
Nicholas Wernicki
Interim Director, Energy Smart Academy
Associate Dean, Continuing Education and Contract Training
Santa Fe Community College
6401 Richards Avenue
Santa Fe, NM 87508
505-428-1843
nicholas.wernicki(@sfcc.edu
The contact person at: City of Fort Worth, TX
Name: James Armstrong
Title: Weatherization Supervisor
Company: Neighborhood Services
Street: 908 Monroe Street
City, State & Zip Code: Fort Worth, TX 76102
Phone: 817.392.7380, 817.944.6100
Email: James.armstrone(@fortworthtexas.eov
Please return a signed copy of this training proposal by E-mail to:
ESAsupport(@sfcc.edu
Joss Mulligan
Operations Coordinator, Energy Smart Academy
Continuing Education and Contract Training
Santa Fe Community College
6401 Richards Avenue, Room 822
Santa Fe, NM 87508
61i11KIPM [ITIN
Client Sienature Tames Armst�ona
ies Armstrong (Oct 17, 202411:14 )
Signed James Armstrong
Name: James Armstrong
Title: Weatherization Supervisor
Company: Neighborhood Services
Street: 908 Monroe Street
City, State & Zip Code: Fort Worth, TX 76102
Phone: 817.392.7380, 817.944.6100
Email: James.armstrone(@fortworthtexas.eov
Date 10/17/2024
SFCC Signature
Signed
Date
6.12.24
Nicholas Wernicki
Interim Director, Energy Smart Academy
Associate Dean, Continuing Education and Contract Training
Santa Fe Community College
6401 Richards Avenue
Santa Fe, NM 87508
505-428-1843
nicholas.wernicki(@sfcc.edu
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 attorneys for review. The attorneys will review the information you
have provided to determine whether an exemption to Chapter 252's biding requirements is
defensible. 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:
Departmental Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Eduction and Contract Training
Section 1: General Information
Neighborhood Services Department
James Armstrong
Jessika Williams
BPI Training
❑X
Not to exceed $70,000
Current/Prior Agreement for item/service:
CSC or Purchase Order #:
Amount:
Projected M&C Date:
Santa Fe Community College- Office of Continuing
Yes ❑
Not yet executed
N/A
N/A
No
How will this item or service be used? We will be using Santa Fe Community College Energy
Smart Academy (IREC Accreditted School) to provide training for the weatherization technicians in order
to receive training on the following, Energy Auditing Certifications, QCI Certifications, Combustion
Testing, Air and Duct Sealing Testing, Pressure Diagnostic Testing, as well as any other home
performance training that may be available.
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No ❑X
Pagel of 7
If yes, please provide requisition number or brief explanation of contact with
Purchasing Division: Click or tap hereto entertext.
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE: For sole -source exemption requests, 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:
❑ 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;
❑ 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;
Page 2 of 7
❑ Services performed by blind or severely disabled persons;
❑ Goods purchased by a municipality for subsequent retail sale by the municipality;
❑ Electricity; or
❑ 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. The Department of Energy has given
The City of Fort Worth money for training as part of the grant for The Weatherization Program.
These training dollars have to be used for comprehensive and specific training by an IREC
accredited school in order to assit in obtaining BPI (building performance industry) professional
certifications and also continuing education to keep the BPI certifications that are in place valid.
The following trainings are planned for this DOE contract period which started on Julyl st 2024
and will end on June 31 st 2025. Basic Combustion Testing, Intermediate Combustion Testing,
Advanced Combustion Testing, Air and Duct Sealing, Energy Auditor Training and QCI
Training. I have attached the Proposal from the Energy Smart Academy which represents one
technician but there will be actually 3 to 4 techs taking this training and they will be traveling to
Santa Fe. The rest of these trainings are for all my Techs and the trainer will be traveling to Fort
Worth for these. Basic Combustion Testing This 2-day class is for all weatherization crew and
will cover basic combustion testing, including combustion theory, appliance identification,
testing for spillage, carbon monoxide and draft. Mixed classroom and field. . $6,000 (1
instructor). Intermidiate Combustion Testing -This 2-day class for all weatherization crew and
will cover worst case depressurization including setting the house correctly, testing the
appliances correctly, the theory behind the worst case. Mixed classroom and field. Prerequisite:
Basic Combustion Testing $6,000 (1 instructor). Advanced Combustion Testing- This 2-day
class for auditors looks beyond the basics to fully assess a combustion appliance for health,
performance and long-term durability. Prerequisite: Intermediate Combustion Testing or BPI
Energy Auditor or BPI QCI certification. $6,000 (1 instructor). Air and Duct Sealing -This 2-day
class covers basic air -sealing and duct sealing measures, materials, the importance and correct
installation. $6,000 (1 instructor). Basic Pressure Diagnostics- This 2-day class for new hires and
those who may want a refresher, will focus on basic blower door diagnostics, basic zone pressure
diagnostics and blower door guided air -sealing. $6,000 (1 instructor). Advanced Pressure
Diagnostics -This 2-day class for Auditors and QCI covers infrared and blower door diagnostics,
static pressure, heat rise and duct blaster. $6,000 (1 instructor). Insulation 1-This 2-day class
covers insulation measures, including blowing insulation. Mixed classroom and field. $6,000 (1
instructor). Insulation 2-This 2-day class focuses on dense -packing walls and more complex
insulation measures. Mixed classroom and field. $6,000 (1 instructor).
Page 3 of 7
Section 3: Claimed Sole -Source Exemption and Justification
NOTE: For all non -sole -source exemption requests, 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;
• 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?
Click or tap hereto entertext.
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.
Click or tap hereto entertext.
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.). Click or
tap hereto entertext.
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? ®Yes ❑No.
Was there anything attached to this form that was relied on in making this determination?
El Yes ❑XNo.
If yes, please explain:Click ortap hereto entertext.
Page 4 of 7
Was there anything not included on this form or attached hereto that was relied on in making this
determination? El Yes NNo.
If yes, please explaimUck or tap hereto enter text.
Approved By:
g'2�� �4&� Date: 9/18/24
drea Phillips / 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.
• PUBLIC HEALTH & SAFETY - 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.
• UNFORESEEN DAMAGES - 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.
• 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.
• SOLE SOURCE — A procurement for items available only from 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
can provide the service or category of good except for the vendor you are proposing. Some
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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.
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