HomeMy WebLinkAbout064840 - General - Contract - Amber DeLongCSC No. 64840
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VENDOR SERVICES AGREEMENT
This 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 Amber DeLong, ("Vendor"), acting by and
through its duly authorized representative, each individually referred to as a"party" and collectively
referred to as the "parties."
1. Scope of Services. Vendor will work with the Public Events Department, City of Fort
Worth to consult on the processes of event coordination at the Fort Worth Convention Center in accordance
with this Agreement and Exhibit "A" - Scope of Services, which more specifically describes the goods and
services to be provided hereunder ("Services"). Vendor will provide all labor, equipment, and material
necessary to perform and complete the Services.
Term.
2.1 Initial Term. This Agreement will be binding on the date of execution by the
Parties and effective beginning on March 1, 2026 ("Effective Date") and expires on December 31,
2026 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term").
3. Compensation.
3.1 Total compensation under this Agreement for any single term will not exceed
sixty-six thousand eight-hundred eighty Dollars and No Cents ($66,880.00) ("Fee") or 1760 hours
billed at the hourly rate of thirty-eight Dollars and No Cents ($38.00) an hour for all Services
performed under this Agreement.
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit "B," which
is attached hereto and incorporated herein for all purposes
3.3. Vendor will not perform any additional services or bill for expenses incurred 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.
3.4. Vendor will provide a signed fee invoice summarizing the portion of the services
that have been completed during a 30-day period in accordance with the scope of services. Vendor
must provide the City with an invoice in order to be paid. Invoices must be submitted to
Supplierinvoices�c�fortworthtexas.�ov and include a valid Purchase Order number as provided by
the City.
�FFICIAL RECORD
CITY SECRETARY
FT. WOFtTH, TX
3.5. Vendor will provide the City with signed time sheets documenting the time spent
on the Services, which will generally be suffcient documentation to substantiate invoices. If the
City requires additional reasonable documentation, it will request the same promptly after receiving
the above-described information, and the Vendor will provide such additional reasonable
documentation to the extent the same is available.
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-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify 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.
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 Goods and
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 ("Ciry Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
53 Public Information Act. Ciry 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 Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access. Vendor will store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt Ciry
Information in any way. Vendor will notify Ciry 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. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this contract, 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 wi11 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. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to a11 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 subVendors. Vendor acknowledges that the doctrine of respondeat superior wi11
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. 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 or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants,
employees or subVendor 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
ofiicers, agents, servants, employees or subVendor.
Liabilitv and Indemnification.
8.1 LIABILITY - 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 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, AGENTS, SERVANTS OR EMPLOYEES.
8.2 INDEMNIFICATION - VENDOR HEREBY COVENANTSAND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL
INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL PERSONS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,
ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
Assignment and Subcontractin�.
91 Assi�nment. 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 Ciry and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee will be jointly 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, sub Vendor will execute a
written agreement with Vendor referencing this Agreement under which sub Vendor will agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor will provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor wi11 not be required to procure or maintain insurance in connection
the Services.
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 will immediately desist from
and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors 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, SUBVENDORSS 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 coniirmation 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
100 Fort Worth Trail
Fort Worth, TX 76102
To VENDOR:
Amber DeLong
824 Silverbrook Drive
Saginaw, TX 76179
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Emplovees. Neither City nor Vendor will, during the tertn 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 will 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 wi11 1ie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. 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. Liens. Vendor does not have the authority to engage in any act or to make any contract that
may create or be the foundation for any lien upon any real property and improvements owned or to be owned
by the City. If any such purported lien is created or filed, Vendor, at no cost to the City, must liquidate and
discharge the same within thirty (30) calendar days of such creation or filing. Vendor's failure to discharge
any such purported lien within this time frame will constitute a breach of this Agreement. Vendor's financial
obligation to the City to liquidate and discharge such lien will continue in effect following termination or
expiration of this Ageement and until such a time as the lien is discharged.
20. Permits and Licenses. Vendor must obtain and pay for all necessary permits and licenses
incurred or required in connections with the Goods and Services.
21. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall 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, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes. The Parties acknowledge
that this Agreement is being entered into during a state of emergency following the COVID-19 pandemic
outbreak. The Parties agree that this provision will not apply to the COVID-19 pandemic outbreak unless
a subsequent binding order is issued by an entity with direct jurisdiction over Vendor or City that prohibits
the continuation of the services.
22. Headin�s not Controllin�. 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.
23. 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.
24. 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.
25. Entiretv of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
26. 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.
27. 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 must provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs wark 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, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
28. 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, "Wark 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 Wark Product. Ownership of the Work Product will inure to the benefit of Ciry 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-
far-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.
29. Signature Authoritv. The person signing this Agreement hereby warrants that he/she has
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 whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
30. Change in Companv 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 off cial 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.
31. 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
2270 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 veriiication 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" will have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, 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 contract.
32. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that, in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S.,
S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10
or more full-time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written veriiication to the City that Vendor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
33. Prohibition on Discrimination A�ainst Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods ar
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and
"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. 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.
34. Electronic Si�natures. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
(signature page follows)
ACCEPTED AND AGREED
CITY OF FORT WORTH:
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By. Dianna Giordano (Mar 3_2026 09:11:48 CST)
Dianna Giordano
Assistant City Manager
Date: 03��3�2�26
APPROVAL RECOMMENDED:
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By� Cvnthia Serrano (Feb 16. 2026 20:31:20 CST)
Cynthia Sanchez Serrano
Director, Public Events Department
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Jannette Goodall
City Secretary
VENDOR:
Amber DeLong
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Name:
Title:
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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.
:
,A�.a�r� �'✓c�a�r�c�z.�
Allison McNamara
Public Events Dept Assistant Director
APPROVED AS TO FORM AND LEGALITY:
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By: ���
Taylor Paris
Sr. Assistant City Attorney
CONTRACT AUTHORIZATION:
QFFICIAL RECORQ
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
Amber warks with event planners in implementing their specifications for their events while recommending
or guiding within the facilities guidelines or parameters. By partnering with Amber, the Public Events
Department will work together to drive effectiveness and maximize the usage of time to ensure event
planners and clients of the Fort Worth Convention Center use their time efficiently and execute successful
events while exceeding client expectations.
Vendor's services will include the following:
• Will coordinate and assist in coordinating and implementing events at Fort Worth Convention
Center for the Public Events Department.
• Will oversee event activities from inception to completion, within the operating procedures of the
Fort Worth Convention Center.
• Will attend events and meetings required to execute the assigned events and schedule.
• Will support and monitor operational activities while managing vendors and operational services.
Duties to include, but are not limited to:
1. Working with external client sources (e.g., meeting planners, ciry officials) to evaluate overall event
specifications to develop written event manifest and work orders that effectively communicate to
operational staff and contractual vendors how to adequately service the event.
2. Managing event service provider and operational services to prepare for, support and monitor public
events, including correspondences with audio visual, emergency management personnel, transportation,
caterers, decorators, parking and electrical.
3. Planning the layout and assembly arrangement of public events. Conducting inspections of facilities to
ensure proper event arrangement and assembly.
4. Evaluating event set up arrangements, staging locations, utility and sound specifications and locations,
and catering service areas.
5. Ensuring the compliance with all safety regulations by coordinating with other departments such as the
Fire and Police departments.
6. Attending events to ensure efficient operation.
7. Performing other related duties as required.
8. Reporting directly to the Fort Worth Convention Center's Operations Manager.
FORTWORTHo
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 bidding 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:
Section 1: General Information
Public Events Department
Allison McNamara
Taylor Paris
Event Coordination
❑
❑X
Not to eXceed $66,880.00
Amber DeLong and Mary Russell
Current/Prior Agreement for item/service
CSC or Purchase Order #:
Amount:
Projected M&C Date:
How will this item or service be used?
Center and Will Rogers Memorial Center
Yes ❑ No ❑X
N/A
N/A
N/A
Event Coordination at Fort Worth Convention
Has your department started a requisition or otherwise contacted the Purchasing Division related
to obtaining this good/service? Yes ❑ No ❑X
If yes, please provide requisition number or brief explanation of contact with
Purchasing Division: N/A
Page 1 of 6
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 (starting on page 5)
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;
❑X 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;
❑ Services performed by blind or severely disabled persons;
❑ Goods purchased by a municipality for subsequent retail sale by the municipality;
Page 2 of 6
❑ 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 Public Events Department mana�es
two venues - the Fort Worth Convention Center and Will Rogers Memorial Center. Each venue hosts
specific industry events. Maintaining the excellent customer experience standard at both venues requires
individuals familiar with how the venues operate and that have established working relationships with
clients. Therefore, the service is uniquely fitted for two particular individuals. Mary Russel and Amber
DeLong. They will personally perform event coordination services at WRMC and FWCC, respectively.
As former employees of both facilities, they possess the institutional knowled�e to deliver exceptional
client service. They have familiarity with the events, client needs and operational insight that allows them
to anticipate and resolve issues in real time. Satisfactory performance can not be replicated through
�eneral staffing. The service will not be subcontracted or assigned to any other individual.
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 (starting on page 5)
for detailed information about common exemptions:
❑ 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,
ar 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?
fEXPLAIN HOW YOU DETERMINED EXCEPTION APPLIES (RESEARCH,
COMMUNICATIONS, DOCUMENTATION)1
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.
f SHOW YOUR RESEARCH/WORK THAT LEAD TO YOUR CONCLUSIONI
Did you attach a sole source justification letter? ❑ Yes ❑ No
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Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
[DESCRIBE THE UNIQUNESS OF THE ITEM/SERVICE THAT QUALIFIES IT AS A SOLE
SOURCE]
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? ❑X Yes ❑No.
Was there anything attached to this form that was relied on in making this determination?
❑Yes ❑XNo.
If yes, please explain:[DESCRIBE ATTACHMENTS CONSIDERED]
Was there anything not included on this form or attached hereto that was relied on in making this
determination? ❑Yes ❑XNo.
If yes, please explain:[EXPLAIN OUTSIDE SOURCE OF INFORMATION]
Approved By:
,�Qy,���,rr,� Date: 2.13.26
Amarna Muhammad / Jordan Alvarez
Assistant City Attorney
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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 ar 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 far 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. While there is no universal definition of this term, "several cases suggest that
[these types of services are] `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. The fact that the
vendor in question has the best price or can meet our timing needs does not make a purchase
of a good or service available from only one source. 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 documentation showing that
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no other provider can provide the service or category of good except for the vendor you
are proposing. Some examples of sole source purchases include (i) service agreements
when only one vendor is authorized to work on the equipment by the manufacturer and
allowing another vendor would void the warranty and (ii) purchase of a good that is
copyrighted or trademarked and only provided by one vendor.
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