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HomeMy WebLinkAboutResolution - 2011-R0347 - Contract - Ark Hospital For Pets - Veterinary Services - 08_11_2011Resolution No. 2011-RO347 August 11, 2011 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10155 for veterinary services, by and between the City of Lubbock and Ark Hospital for Pets, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 11, 2011 TOM MARTIN, MAYOR ATTEST: - 0.'0' & -e— r- , Rebe -a Garza., City Secreta APPROVED AS '1 O Cv1�N I ENT: incy White/,Assistant City Manager Weaver, Assistant City Attorney �vwccdocs/RES.Contract-Ark Hospital for Pets July 25, 2011 Resolution No. 2011—R0347 CONTRACT 10155 City of Lubbock, TX SERVICE AGREEMENT Veterinary Services RFP 11-10155-DT This Service Agreement (this "Agreement") is entered into as of the 11th day of August 2011, ("Effective Date") by and between Ark Hospital for Pets of Lubbock, TX (the Contractor),and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 11-10155-DT for Veterinary Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Veterinary Services upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows. City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B Price Sheet 4. Exhibit C — Insurance 5. Exhibit D — City Holidays Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, C, and D attached hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay for the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the Q: Pun:hase/Bid Documents/ [ 1-10155-DT Contract goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its Q:Purchase/Bid Documents/i 1-10155-DT Contract option, reserves the right to deduct such amounts owing the City from any payments due Contractor. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX CONTRACTOR Tom Martin, Mayor Signature ATTEST Sonia O. Lee, DVM Print Name -Q'-0' , '5� Rtebecla Garza, City Secretary APPROVED AS TO CONTENT: a ✓''{{ � Un� U Martha Ellerbrook, Director of Animal Services APPR E S T ORM: Chad eaver, Assistant City Attorney Title Q:Purchase/Bid DocumentA 1-10155-DTContract Resolution No. 2011-RO347 City of Lubbock, Texas Veterinary Services RFP 11-10155-DT REVISED H. GENERAL REQUIREMENTS 1. INTENT EXHIBIT A a) The City of Lubbock (hereinafter called "City") is seeking proposals from Veterinary Clinics and individuals, (hereinafter called "Proposer") to provide veterinary services for the Animal Services Department on a daily basis. The Animal Services Department receives approximately 12,000 animals into the shelter and provides veterinary service to a maximum of 4,000 animals annually. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. II. BACKGROUND The Animal Services department provides animal adoption promotions throughout the year which includes spay/neuter surgeries, as well as rabies vaccination clinics for local pet owners. The objectives of the Animal Services department are to ensure responsible pet ownership and humane treatment of animals while protecting the public, III. SCOPE OF WORK The Proposer shall perform veterinary services during the business hours of 8:00 A.M. to 12:00 P.M., Monday - Friday at the following locations: 401 N Ash Ave or 3323 SE Loop 289, Lubbock, TX. The responsive party must complete their services by 12:00 P.M. daily to allow eligible animals for redemption starting at 1:00 P.M. Hours of operation may be negotiated for reasonableness for minimal disruption to the contracting veterinarian's private practice and while maintaining a high quality standard for citizen customer satisfaction in redemption and adoption of animals. 3.1 Veterinary Services for Quarantine Facility Services a) Provide health inspection of animals quarantined for rabies observation during the ten (10) day period at all Animal Services quarantine facilities approved by the Texas Department of State Health Services; b) If the animal becomes ill during the observation period, the "perfomvng agency" will make a recommendation to the Director of Animal Services on the first day of observed animal illness as to whether in the interest of public safety the animal should be humanely euthanized and submitted for rabies testing; Q:Purehase/Bid Documcnts/11-10155-DT Contract c) At the end of the mandatory quarantine period, vaccinate the animal against rabies and release the animal from quarantine by signing off on the bite report in accordance with the Texas Health and Safety Code, Chapter 826; and d) Provide quarterly inspection of ALL City of Lubbock Animal Services quarantine facilities, file copies of the report with the Director of Animal Services on form prescribed by the Texas Department of State Health Services in accordance with the Texas Health and Safety Code, Chapter 823. e) Animal Services will provide all necessary supplies for vaccination and city registration including syringes, vaccine (as purchased by the City of Lubbock under the direction and control of the contracting veterinary), and registration tags. 3.2 Consulting and Medical Treatment Services: 3.2.1 In accordance with procedures based on the Texas Health and Safety Code, regulations of the Texas Veterinary Medical Association, and generally accepted standards of care: a) Approve procedures and standing orders for medical treatment of adoption or pre -selected and screened adoption animals at all City of Lubbock Animal Services facilities by kennel attendants; b) Provide consultation services on animals brought in to all City of Lubbock Animal Services facilities that are injured, sick, diseased, or dangerous, so that they can be separated from healthy animals in accordance with Texas Health and Safety Code, Chapter 823; c) Provide rabies vaccinations for all reclaimed animals and adoption animals, as well as immunizations of all adoption dogs, cats and ferrets at all City of Lubbock Animal Services facilities. d) The City of Lubbock Animal Services will provide all necessary supplies for vaccination, city registration and minor treatment regimes including syringes, vaccine (as purchased by the City of Lubbock under the direction and control of the contracting veterinary), registration tags, antibiotics and vaccination for bordatella, parvo/distemper (DHLPP) as well as antibiotic treatment for reasonably expensed recoverable animals. Feline vaccinations for Rhinotracheitis-Calici-Panleukopenia-Chlamydia Psittaci Vaccine or other vaccine as recommended by the veterinarian. IV. QUALIFICATIONS a) Must have a current Doctor of Veterinary Medicine (DMV) license in good standing with the State of Texas 2.4.2 b) Must have a current Department of Public Safety certificate. c) Must have current Drug Enforcement Agency license. d) The offeror shall supply three (3) references who can verify your performance as a vendor. Performance should include goods or services, similar to those in this proposal, within the last twenty-four (24) months. V. COST PROPOSAL 5.1 Prices shall include travel required to and from respective sites. Offeror's pricing shall include service call charge, all of the overhead, including, but not limited to, trip related charges and mileage. Q:Purchase/Bid Documents/11-10155-DTContract 5.2 The successful Contractor shall provide services Monday through Fridays throughorst the year, except for official City Holidays according to Exhibit D. The Offeror shall provide a price deduct according to the City's holiday schedule. The Offeror shall submit pricing on Price Sheet, Exhibit B. 5.2 The contract term shall be for an initial one (1) year period, said date of term beginning upon City Council date of formal approval. The City and the contractor may, upon written mutual consent, extend the contract for three (3) additional one (1) year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective changc in the C0175Umer Price Index (CPI) or Product Price Index (PPI),whichever is most appropriate for the specific contract for the previous 12 months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reacheDd, the contract is terminated at the end of the current contract period. Q:Purchase/Bid Documents/I 1-10155-DT Contract Resolution No. 2011-RO347 EXHIBIT B CITY OF LUBBOCK, TEXAS VETERINARY SERVICES RFP 11-10155-DT BAFO Price Proposal. Sheet ITEM DE5CRfPTION Monthly Flat Rate Fee 1. Veterinary and consulting services for animal $ , Quarantine facilities, as specified herein. 2. Consulting and medical treatment services as $ specified herein. o 1. ALT Consulting and medical treatment services including herein. $ y sterilization as specified / Please include price deduct for City Holidays listed on Exhibit C. $ J3 0 (per day). Company Name; e-q k Signature of Company Official; Printed name of company official and title: V SQ n �Cl- CJ •e �J v/rI a 1�/ Q,PurchnWBid Dmg/IIFP I I-16113•DVSAFO Resolution No. 2011-RO347 EXHIBIT C CITY OF LUBBOCK, TEXAS VETERINARY SERVICES RFP 11-10155-DT INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Type Amount Worker's Compensation or Statutory Employers Liability $500,000 Commercial General Liability per Occurrence Combined single limit for bodily Endorsements injury and property damage of - General Aggregate $300,000 per occurrence or its - Products/Op AGG equivalent. - Personal & Adv. Injury - Contractual Liability Automobile Liability Combined single limit for bodily injury and of $300,000 per a. Any Auto occurrence or its equivalent The City of Lubbock shall be named as primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. Q:Purchase/Bid Documents/1 1-10155-DT Contract ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. £ All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Q: Purchase/Bid Documents/ 11-10155-DT Contract Resolution No. 2011-RO347 EXHIBIT D CITY OF LUBBOCK, TEXAS VETERINARY SERVICES RFP 11-10155-DT OFFICIAL CITY HOLIDAYS New Year's Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Friday After Thanksgiving Christmas Day Christmas Eve 10 Q: Purchase/Bid Documents/11-10155-DT Contract