HomeMy WebLinkAboutResolution - 2018-R0397 - Eila Machado - 11/15/2018Resolution No. 2018-RO397
Item No. 6.3
November 15, 2018
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, Service Contract No. 14321 for Veterinary Services as per
RFP 19-14321-SG, by and between the City of Lubbock and Eila Machado, D.V.M., of Lubbock,
Texas, 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 November 15. 2018
L"'�v
DANIEL M. POPE, MAYOR
ATTEST:
Q P
n.'n'
Rebe ca Garza, City Secre ry
APPROVED AS TO CONTENT:
Bill H9;06rton, Deputy City
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.Service Contract 14321 - Veterinary Services
October 22, 2018
Resolution No. 2018-R0397
City of Lubbock, TX
Veterinary Services
Service Agreement
Contract 14321
This Service Agreement (this "Agreement") is entered into as of the 15 day of November 2018
("Effective Date") by and between Eila Machado, D.V.M, (the Contractor), and the City of Lubbock (the
.`City").
RECITALS
WHEREAS. the City has issued a Request for Proposals 19-14321-SG 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 Proposal Sheet
4.
Exhibit C —
Official City Holidays
5.
Exhibit D
— Insurance
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
1.1 The contract shall be for a term of 1 year, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. This contract shall remain in
effect until the expiration date, performance of service ordered, or termination by either
party with a thirty (30) day written notice. Such written notice must state the reason for
cancellation. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this proposal and
resulting contract. The Contractor must maintain the insurance coverage required during the
term of this contract including any extensions. It is the responsibility of the Contractor to
ensure that valid insurance is on file with the Purchasing and Contract Management
l7cpartmcnt as regiftcd by contract or contract mL',1 b tCil7liiiali U For 11011-complianoC.
1.2 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30 day
written notice. Such written notice must state the reason for cancellation. The City of
Lubbock reserves the right to award the canceled contract to the next lowest and best bidder
as it deems to be in the best interest of the city.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 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 non -appropriation of funds
by the City- Council of the City of Lubbock for the 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 vear 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 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 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 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation. the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the City- shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set
forth herein are cumulative and not exclusive. and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should
consent be given. the Contractor shall insure the Subcontractor or shall provide proof of
insurance from the Subcontractor that complies -,with all contract Insurance requirements
document, this provision shall control.
2.12 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code verifying that:
(1) The Contractor does not boycott Israel. and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.13 Senate Bill 252 prohibits the City from entering into a contract with a vendor that is
identified Comptroller as a company known to have contracts with or provide supplies or
services with Iran. Sudan. or a foreign terrorist organization.
INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
Llnn�
Daniel M. Pope, Mayor
ATTEST:
— n ZLU "� . &�
Re ec a Garza, City Secretary 0
APPROVED AS TO CONTENT:
,��
Steven Greene, Director of Animal Services
APPROVED AS TQ FORM
Kel i, Leisure, Assistant City Attorney
CONTRACTOR:
9iL�W10jh-
Contractor's Signature
Printed Name
Title
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2018-413056
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Eila Machado, DVM
Lubbock, TX United States
Date Filed:
10/10/2018
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock Texas
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14321-SG
Veterinary Services, Lubbock Animal Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Machado, Eila
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
C
My name is I4L d ki C ha du and my date of birth is
My address is,;, Lu.IJ)b c-L TX , 1
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
t� !�/
Executed in Lac County, State of TX on the I day of 0C7Lw7FM , 20
(month) (year)
�7
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
Exhibit A
City of Lubbock, TX
RFP 19-14321-SG
Veterinary Services
Specifications
GENERAL REQUIREMENTS
1. INTENT
1.1 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.
1.2 Offerors are invited to submit demonstrated competence and qualifications of their firm for
providing these services.
1.3 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.
2. BACKGROUND
2.1 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.
3. SCOPE OF WORK
3.1 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: 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.
3.2 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.
Veterinary Services for Quarantine Facility Services
3.3 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,
3.4 If the animal becomes ill during the observation period, the "performing 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;
3.5 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
3.6 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 and euthanasia (EU) solution usage, records and storage.
3.7 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.
Consulting and Medical Treatment Services:
3.8 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
Service facilities.
d) Provide an annual audit in writing to the Director of Animal Services on the EU
solution usaae. records and storage.
e) The City of Lubbock Animal Services will provide all necessary supplies for
vaccination, city registration and minor treatment regimens including syringes, vaccine
(as purchased by the City of Lubbock under the direction and control of the contracting
veterinary), registration tags, antibiotics and vaccination, as well as antibiotic treatment
for reasonably expensed recoverable animals.
Alternate / Consulting and Medical Treatment Services, including Sterilization:
3.9 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
Service facilities.
d) Provide sterilization of all animals that, as a result of a second impoundment, are in
violation of the City of Lubbock Ordinances, Chapter 4, Sec.4.02.005(d)(5).
e) The City of Lubbock Animal Services will provide all necessary supplies for
vaccination, city registration and minor treatment regimens including syringes,
vaccine (as purchased by the City of Lubbock under the direction and control of the
contracting veterinary), registration tags, antibiotics and core vaccinations as well as
antibiotic treatment for reasonably expensed recoverable animals.
4. QUALIFICATIONS
a) Must have a current Doctor of Veterinary Medicine (DMV) license in good standing
with the State of Texas 2.4.2
b) The offeror shall supply three (3) references who can veriffir your performance as a
vendor. Performance should include goods or services, similar to those in this
proposal, within the last twenty-four (24) months.
5. 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.
5.2 The successful Contractor shall provide services Monday through Fridays throughout the
year, except for official City Holidays according to Exhibit C. The Offeror shall provide a
price deduct according to the City's holiday schedule. The Offeror shall submit pricing on
Price Sheet. Exhibit B. including after hour emergency service calls.
5.3 The contract shall be for a term of 1 year, with the option of four (4). one (1) year
extensions, said date of term beginning upon formal approval. This contract shall remain in
effect until the expiration date, performance of service ordered, or termination by either
party with a thirty (30) day written notice. Such written notice must state the reason for
cancellation. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this proposal and
resulting contract. The Contractor must maintain the insurance coverage required during the
term of this contract including any extensions. It is the responsibility of the Contractor to
ensure that valid insurance is on file with the Purchasing and Contract Management
Department as required by contract or contract may be terminated for non-compliance.
5.4 A deduction will be made for not providing services on a scheduled workday.
6. REPORTING REQUIREMENTS
6.1 The Contractor shall maintain a City -approved electronic database for reporting purposes.
Monthly reports of the previous month's activities will be due to the City by the 151h day of
each month. Annual reports will be due 60 days following the completed fiscal year. At a
minimum, the Contractor shall include in each monthly report the following information:
• Date, type of animals and services provided.
Exhibit B
Cite of Lubbock, TX
RFP 18-14321-SG
Veterinary Services
(To be completed and returned with Proposal)
Price Proposal Sheet
ITEM
QTY
f- -t
L' %t
DESCRIPTION
Month]) Cost
Extended Cost
t .
I?
N10
Veterinary Senices for Quarantine Facilit% Scnices, per
month as specified herein.
I tj � �
16, 9 C) 0
?.
1-'
NIO
Con;ultine and ;Medical I reatment Sen ices. per month a,
specified herein.-
3 � �� '
y J
N10
Consulting and {Medical Treatment scn ice, including
;-terilization, per month a, specified herein
Holiday Deduct (-)
Deduct for City Holiday as listed in Exhibit C
S (-) /� 7Z C)
Per Occurrence
After -Hour Emergency Service Call
S
Exhibit C
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
Exhibit D
CITY OF LUBBOCK, TX
Veterinary Services
RFP 19-14321-SG
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. 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 OF INSURANCE
GENERAL, LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate $1.000.000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Am one Person)
PROFESSIONAL LIABILITY
® General Aggregate $1.000.000
VE LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
AGE LIABILITY
Any Auto
❑ All Owned Autos
❑ Hired Autos
Combined Single Limit
Each Occurrence $1.000.000
Each Occurrence _
Agere(yate
Auto Only - Each Accident
Each Accident Aggregate
BUILDER'S RISK ❑ 100%of the Total Contract Price
INSTALLATION FLOATER ❑ I00% of the Total Material Costs
POLLUTION
CARGO _
WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL, MEDICAL AND DISABILITY
EMPLOYERS' LIABILITY $1,000,000
COPIES OF ENDOSENIENTS ARE REQUIRED
® City of Lubbock named as additional insured on ,4utolGeneral Liability on a primary and non-contributory basis.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are
required.
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 thirty (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.
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 and Contract Management
City of Lubbock y
1625 13`h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the Cit,, 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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-413056
Eila Machado, DVM
Lubbock, TX United States
Date Filed:
10/10/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock Texas
Date Acknowledged:
10/23/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14321-SG
Veterinary Services, Lubbock Animal Services
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Machado, Eila
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, Stale of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711