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HomeMy WebLinkAboutContract 41838 (2)CITY SFCRETAM t(.s NTRACT NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and Mark Steele, DVM with its principal location at Animal Hospital of Southwesst Fort Worth, ("Contractor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Contractor wishes to access the City's network in order to provide Veterinary Gentreetire ? v' ct In order to provide the necessary support, Contractor needs access to email, Internet, and Intranet. 0 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing Veterinary services]. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. /1 ■ Services are being provided in accordance with City Secretary Contract No. 38103. Services are being provided in accordance with City of Fort Worth Purchase Order No. Services are being provided in accordance with the Agreement to which this Access Agreement is attached. No services are being provided pursuant to this Agreement. 4. Renewal. , At the end of the first year and each, year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other ren$dies that t CFfy may have under this Agreement or at law or in equity. OFFICIAL RECORD STY SECRETARY [ .E a \NORTH, TX Ven or Ietw_ozk. lcc_ess _Agrteinen t Rev. 12/21/2010 frac 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the CIty. U pon termination of this Agreement, Contractor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents servants, employees and/or representatives to access the City's Network. 7. Information Security, Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided N etwork credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR S HALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, S ERVANTS AND/OR . EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE N EGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Contractor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor further agrees that it shall store and maintain City Information in a secure manner and shall not allow u nauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Contractor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data; documents, papers and records, both hard copy and electronic of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all n ecessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. Vendor Network Access Agreement 2 Mark Steele, DVM Rev. 12/21/2010 11. Agreement Cymulaty9. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 13. Assignment° Contractor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Majeure. Each party shall exercise its best efforts to meet its 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 (force majeure), 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. 16. Governing Law / Venue. This Agreement shall 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 on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions in this agreement and 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. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ACCEPTED AND AGREED: CITY OF FOR WORTH: By: By: C . r es W. Dana. is Assistant City Manager Date: 06. Q7. // Marty Hendrix City Secretary APPROVED AS Assistant Ci � ttomey M & C: AND LEGALITY: none required Vendor Network Access Agreement 3 Mark Steele, DVM Mark Steele, DVM: By: "kV°, ir��(e. /Jv.dra--m••• Name: Title: Date: ATTEST: ��" O Zti Mart n Z2 o0aca 0 a iscb ono %SP 014O z)a X gi tiact *TARP Ft WORTH, TX Rev. 12/21 /20 I 0 CITY SECRETARY CONTRACT NO AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and ANIMAL HOSPITAL OF SOUTHWEST FORT WORTH, ("Contractor '), a Texas corporation, acting by and through its duly authorized President and Owner. 1. Services. a) Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all services described in "2.0 Scope of Services," a copy of which is attached as Exhibit "A and incorporated herein for all purposes as though it were set forth at length. The actions and objectives contained in Exhibit "A" are referred to herein as the "Services." b) Contractor shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Contractor shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. 2. Term. The initial term of this Agreement shall begin on December 2, 2008 and end on December 1, 2009. Unless terminated earlier as provided herein, this Agreement may be renewed for two additional one-year periods. Renewal of this Agreement may be accomplished through a written addendum, signed by both Parties, establishing the new term of the Agreement. Such renewal shall be contingent on City appropriating sufficient funds in its budget to meet its obligations during the renewal period and on Contractor providing proof of continued certifications and insurance. 3. Compensation. a) City agrees to pay Contractor $6,000.00 per month for 40 hours per week of veterinary services. In addition, City agrees to paV Contractor $85.00 peir hour for Professional Services Agreernent with Animal Hospital of Southwest Fort Worth Page 1 of 12 such payment, Contractor may, after giving 7 days' written notice to City suspend services under this Agreement until paid in full, including interest calculated from the date the billing contest was resolved. In the event of suspension of services, Contractor shall have no liability to City for delays or damages caused to City because of such suspension of services, 4. Termination. Either Party may terminate this Agreement at any time, with or without cause by providing the other Party with thirty days written notice of termination. Such notice shall be deemed to have been received on the third day after it was deposited with the United States Postal Service, directed to the last known address of the other Party, with applicable postage charges prepaid. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Contractor only for Services actually rendered as of the effective date of termination. 5. Independent Contractor, Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, and subcontractors. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, or subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, servants, employee, or subcontractor of Contractor is in the paid service of City. 6. Liability and Indemnification. THE CONTRACTOR SHALL ASSUME ALL RISK AND LIABILITY FOR ACCIDENTS AND DAMAGES THAT MAY OCCUR TO PERSONS OR PROPERTY DURING THE PROSECUTION OF WORK UNDER THIS AGREEMENT. CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, OR OTHER CLAIMS OF ANY CHARACTER, NAME, OR DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON, PERSONS, OR PROPERTY DUE TO ANY NEGLIGENT ACT, OMISSION, MALFEASANCE, CONDUCT, OR FAULT OF THE CONTRACTOR, OR OF ITS AGENT, EMPLOYEE, Professional Services Agreement with Animal Hospital of Southwest Fort Worth Page 3 of 12 • Providing blanket contractual liability insurance products and completed operations; independent contractor's liability; and coverage for property damage to City facilities. Worker's Compensation/Employer's Liability: Worker's compensation coverage and Employer's Liability: $100,000 Each Accident $500,000 Disease — Policy limit $100,000 Disease — Each Employee • Auto Liability: $250,000 Bodily Injury Per Person Each Accident $500,000 Bodily injury Each Accident $100,000 Property Damage; or $500,000 Combined Single Limit Each Accident • Veterinary Malpractice: If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. Coverage shall be in the following amounts: (1) $1,000,000 per occurrence or claim (2) $2,000,000 aggregate • General Requirements Applicable to All Insurance: Contractor shall promptly provide the City with certificates of insurance that verify Contractor's compliance with the insurance requirements of this Agreement. The Professional Services Agreement with Animal Hospital of Southwest Fort Worth Page 5 of 12 in lieu of traditional insurance. Prior to employing such alternative coverage, Contractor must be obtain City's written approval. Workers' compensation insurance policy(s) covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and that any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. During any term of this Agreement, Contractor shall report to the Risk Management Division in a timely manner any loss occurrence that could give rise to a liability claim or lawsuit or that could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. 8. Assignment. Contractor shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment of subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. If City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties Professional Services Agreement with Animal Hospital of Southwest Fort Worth Page 7 of 12 Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. This Section 11 shall survive the expiration or termination of' this Agreement. 12. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder City will notify Contractor of such occurrence, and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received. Such termination shall occur without penalty or expense to City of any kind whatsoever, except as to portions of earned compensation for which funds shall have been appropriated. 13. Venue and Jurisdiction. This Agreemert will be governed and construed according to the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, or attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. 14. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other Party shown below: Charles W. Daniels, Assistant City Manager City of Fort Worth 1000 Throckmorton St Fort Worth, Texas 76102 Michael L. Morris, DVM, President Animal Hospital of Southwest Fort Worth 6716 South Hulen Street Fort Worth, TX 76133 Professional Services Agreement with Animal Hospital of Southwest Fort Worth Page 9 of 12 19. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 20. Force Majeure. The City and Contractor shall 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 acts of God, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 21. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties hereto. 23. Entire Agreement. This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this, the day of CITY OF FORT WORTH, TEXAS C es W. Daniels Assistant_ City Mana Date Sigped: /Z • NASHWEST, LLC. ide7 Michael L. Morris, DVM President and Owner Date Signed: / 2_ /(7 / Z �14 , 2008. Professid ial Seiaiiees:Agteemett with Animal Hospital of Southwest Fort Worth Page 1 1 of 12 ATTACHMENT A 2.0 SCOPE OF SERVICES 241 Performs visual inspections, examinations and treatments at all levels of care of animals brought into or held in the shelter and ensure the overall health and care of each animal. 2.2 Provides emergency veterinary treatment to animals as required. 2.3 Performs spay/neuter surgery, recovery, discharge and any other operations and activities of veterinarians. 2.4 Conforms to all surgical standards as dictated by the Texas Veterinary Medical Practice Act. 2.5 Coordinates the administration of various aspects of animal care to effectively care for animals and control animal -related human health problems. 2.6 Consults with medical, dental, veterinary professionals to facilitate specialty animal care services and safe and county health agencies regarding public health issues. 2.7 Orders, issues and administrative hearings and assist the public in animal care and regulations issues 2.8 Provides rabies and core vaccinations for adopted and reclaimed animals 2.9 Assists with investigations of animal cruelty, inspection of pet stores, testifying in court and administrative hearing and assist the public in animal care and regulation issues. 2.10 Assist manager in the development and implementation of policies which impact animal and, indirectly, human health. 2.11 Coordinates the planning of the daily activities of the veterinary function to ensure efficient and effective operation. 2.12 Conducts staff training on recommended practices on topics involving animal health, welt being, medical care or other related topics. 2.13 Participates in City -sponsored low cost rabies vaccination and registration clinics agreement. These two budgeted amounts will cover the pro -rated cost for the 10 months remaining in Fiscal Year 2009 ($70,000.00) after the contract is executed A waiver of the goal for M/WBE subcontracting requirements was requested by. the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Upon the City Council's approval, this agreement shall begin on December 2, 2008, and expire December 1, 2009. This agreement may be renewed for up to two additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0239003 $84,000.00 Submitted for City Manager's Office by: Joe Paniagua (6575) Originating Department Head: Brandon Bennett (6322) Additional Information Contact: Scott Hanlan (871-7204) CITY SECRETARY CONTRACT NO. `38I 03 _A lA FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 38103 AGREEMENT FOR PROFESSIONAL SERVICES This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 38103 ( `First Amendment') is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and ANIMAL HOSPITAL OF SOUTHWEST FORT WORTH, INC. ( `Contractor"), a Texas corporation, acting by and through its duly authorized President and Owner. WHEREAS on December 9, 2008, the Fort Worth City Council approved M&C C-23231, which authorized executionof an agreement with Contractor for veterinarian services with an annual cost of $84,000.00; and WHEREAS, pursuant to M&C C-23231, City and Contractor entered in to an Agreement for Professional Services, the same being Fort Worth City Secretary Contract Number 38103 ("Agreement"); and WHEREAS, Contractor has requested that the City consider amending the Agreement to increase the rate of compensation in order to offset increases in the actual cost of providing veterinarian services; and WHEREAS, Section 2-9(d)(6) of the Fort Worth City Code authorizes the City Manager to execute, without City Council approval, a contract amendment involving an expenditure of fifty thousand dollars ($50,000.00) or less of city funds, provided that sufficient funds have previously been appropriated by the City Council; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Agreement with Animal Hospital of Southwest Fort Worth, Inc. Page I of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in Fort Worth, Tarrant County, Texas, this a na day of tylokAitLs , 2011. CITY OF FORT WORTH, TEXAS W. Daniels Assistant City Managir Date Signed �j _ ae,\ \ \ ATTEST: Marty Hendri City Secretary APPROVED AS TO FO AND LEGALITY: Denis C. McElroy Assistant City A 'o ey O 000000000°C24. iliktrabg Original Contract: M&C C-23231 Amendment: No M&C Required ANIMAL HOSPITAL OF SOUTHWEST FORT WORTH, INC. a9( CC 1/-a1/4" Michael L. Morris, DVM President and Own Date Signed: ? 274 WJPNESS: et„it ORPORATE SEAL: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Agreement with Animal Hospital of Southwest Fort Worth, Inc. Page 3 of 3