Loading...
HomeMy WebLinkAboutResolution - 5290 - Contract Agreement - ARK Hospital For Pets, Dr. Lee - Vet, ASD - 09/26/1996t RESOLUTION NO.5290 September 26, 1996 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract Agreement between the City of Lubbock and ARK Hospital For Pets to provide the services of Dr. Sonja Lee as Veterinarian for the City of Lubbock Animal Services Department, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: 26th day of Septemb ffaiold Willard, Interim City Secretary APPROVED AS TO CONTENT: Doug GoofrA Managing Director Health and Gommunitv Services APPROVED AS TO FORM: Reyes- LRT:gs/cc&=&-vetm v ms September 17,1996 :0 -� jfGl/l/ Assistant City Attorney Alex "Ty" 1996. Mayor Pro Tempore • RESOLUTION NO.5290 September 26, 1996 Item 414 THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT, made and entered into this 26th day of member , 1996, by and between the CITY OF LUBBOCK, a Home Rule Municipal Corporation of the State of Texas, hereinafter referred to as RECEIVING AGENCY and ARK HOSPITAL FOR PETS, hereinafter referred to as PERFORMING AGENCY, for the mutual covenants hereinafter set forth and both parties hereby agree as follows: WHEREAS, the City of Lubbock, Texas, a Home Rule Municipal Corporation, has created and operates a local Animal Control Department in accordance with of the Texas Health and Safety Code, Chapter 823; and WHEREAS, the City of Lubbock Animal Services Department desires the services of a Veterinarian; and WHEREAS, ARK Hospital for Pets has available an individual qualified to provide professional services; NOW THEREFORE: ARTICLE 1►1 :/ The PERFORMING AGENCY hereby agrees to provide to the RECEIVING AGENCY with the professional services of DR. SONJA O. LEE, DVM, hereinafter called "Dr. Lee" to provide the services of VETERINARIAN for the RECEIVING AGENCY. Such agreement shall be subject to approval of the City Council of the City of Lubbock. Dr. Lee shall perform the following specific duties under the administrative supervision of the RECEIVING AGENCY'S department manager: 1. Provide health inspection of animals quarantined for rabies observation during the ten (10) day period. If the animal becomes ill during the observation period, Dr. Lee will notify the managing director of Animal Services. At the end of the observation period, Dr. Lee will vaccinate against rabies and release from quarantine by signing off on the bite report in accordance with the Texas Health and Safety Code, Chapter 826. 2. Provide quarterly inspection of rabies quarantines, filing copies of report with the managing director of the shelter on forms prescribed by the Texas Department of Health in accordance with the Texas Health and Safety Code, Chapter 823. 3. Approve procedures and standing orders for medical treatment of Lubbock Animal Services adoption animals by vet technician and kennel attendants. (a.) Procedures are based on Texas Health and Safety Code and Texas Veterinary Medical Association regulations, and on generally accepted standards of care. (b.) Provide consultation on animals brought into Animal Services that are injured, sick, diseased, or dangerous so they can be separated from healthy animals in accordance with Texas Health and Safety Code, Chapter 823 and 823. (c.) Services currently provided at Lubbock Animal Services include rabies vaccinations for all reclaimed animals and adoption animals, immunization of all adoption dogs and cats, diagnosis and treatment of adoption animals and sterilization of all adoption animals in accordance with Texas Health and Safety Code, Chapter 828. ARTICLE II PAYMENT The City of Lubbock will pay ARK Hospital for Pets for the Veterinarian services THIRTEEN HUNDRED DOLLARS ($1,300.00) per month. The City of Lubbock will remit the amount owed on a monthly basis and will make the payments from current revenues available to the City. %51410• • • ►M 94011411" 1 This contract will begin on October 1, 1996, and shall terminate on September 30, 1997. Thereafter, this contract shall continue in full force and effect on a month to month basis. Termination of this contract may be had by either party by written notice within thirty (30) days of termination, or unless otherwise termed in Paragraph XIII herein. ARTICLE IV By execution of this Contract, the RECEIVING AGENCY and the PERFORMING AGENCY do not change the independent contractor status of the PERFORMING AGENCY. No term or provision in this Contract or any act of the CONTRACT FOR PROFESSIONAL SERVICES -- PAGE 2-- PERFORMING AGENCY in the performance of this Contract may be construed as making the PERFORMING AGENCY the agent or representative of the City. ARTICLE V As a Veterinarian licensed with the State of Texas and the American Veterinary Medical Association, Dr. Lee is insured under the American Veterinary Medical Centennial Insurance, member of Atlantic Mutual. Under this plan, Dr. Lee has liability insurance coverage of ONE HUNDRED THOUSAND DOLLARS ($100,000) per occurrence and THREE HUNDRED THOUSAND DOLLARS ($300,000) aggregate. ARTICLE VI VENUE This Contract is an agreement executed under the laws of the State of Texas and its interpretation is governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Lubbock County, Texas. ARTICLE VII APPLICABLE LAWS This Contract is made subject to the existing provisions of the Charter of the City of Lubbock, its rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State of Texas and the United States. ARTICLE VIII INDEMNIFICATION To the extent authorized by law, the PERFORMING AGENCY agrees to hold harmless and indemnify the RECEIVING AGENCY, its officers and employees from all third party claims and from any and all claims of any nature whatsoever arising out of the negligence or willful misconduct of the PERFORMING AGENCY or Dr. Lee with respect to services pursuant to this Contract. NEW It gu:19Dtli 1114 DI J_ To the extent that either party to this Contract shall be wholly or partially be prevented from the performance of the term specified or of any obligation or duty place on such party by reason of or through strikes, stoppages of labor, riot, fire, flood, acts of CONTRACT FOR PROFESSIONAL SERVICES -- PAGE 3- war, insurrection, court judgment, act of God or other specific cause reasonably beyond the party's control and not attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Both parties agree that should any provision of this Contract be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. c u I _DO 110I. This Contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract and incorporated by reference shall have no force or effect. This Contract cannot be modified or amended except by written agreement of the parties hereto. ARTICLE XII CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and in no way alter the substance of the terms and conditions of this Contract. ARTICLE XIII TERMINATION The City of Lubbock may, at its option and without prejudice to any other remedy it may be entitled at law or in equity, terminate further work under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to PERFORMING AGENCY with the understanding that all services being terminated shall cease upon the date specified in such notice. The City shall equitably compensate the PERFORMING AGENCY in accordance with the terms of this Contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the City. PERFORMING AGENCY shall not, however, be entitled to lost or anticipated profits should the City choose to exercise its option to terminate. CONTRACT FOR PROFESSIONAL SERVICES -- PAGE 4-- ARTICLE IVL 4JI. IDtI-J-11 V-4 X11J.1XT19 PERFORMING AGENCY and RECEIVING AGENCY expressly agree that in the event of litigation arising between the parties to this Contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. EXECUTED this 26th day of September , 1996. CITY OF L ALEX "TY" COKE, MAYOR PRO TEM ATTEST: otz� lr� arold Willard, Interim City Secretary APPROVED AS TO CONTENT: c Doug Goo , Managing Director Health and ommunity Services g:\cityatt\Lina\ K-VetSrv.Doc LRT:vl CityAtt/Sept. 17, 1996 PERFORgING AGENCY APPROVED AS TO FORM: �& , de,� �Y(�v Lina Reyes-Trdin6,Assistant City Attorney CONTRACT FOR PROFESSIONAL SERVICES -- PAGE S--