HomeMy WebLinkAboutContract 46228 COWMCT Coo Za
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in
portions of Tarrant, Parker, Denton, and Wise Counties, Texas, acting by and through Charles Daniels, its
duly authorized Assistant City Manager, and ANIMAL HOSPITAL OF SOUTHWEST FT. WORTH,
INC. ("Contractor"), a Texas Corporation and acting by and through Michael L. Morris, its duly authorized
President, each individually referred to as a"party"and collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Attachment A—Scope of Services
3. Attachment—Payment Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of this Professional
Services Agreement shall control.
1. SCOPE OF SERVICES.
Contractor hereby agrees to provide the City with professional services for the purpose of Veterinary
Services. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A,"
Statement of Work,more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall commence on December 1, 2014 ("Effective Date") and shall expire
November 30, 2017, unless terminated earlier in accordance with the provisions of this Agreement. This
Agreement may be extended for up to two additional terms of one year by a duly authorized amendment
to this contract executed by the City and the Contractor.
3. COMPENSATION.
The City shall pay Contractor an amount not to exceed$240,000.00 per contract year, including any
of the two renewal terms, in accordance with the provisions of this Agreement and the Payment Schedule
attached as Exhibit"B,"which is incorporated for all purposes herein, subject to appropriation of sufficient
funds by the City Council. Contractor shall not perform any additional services for the City not specified by
this Agreement unless the City requests and approves in writing the additional costs for such services. The
rrnn City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the
C-) City first approves such expenses in writing.
m
Z
m There is no guarantee expressed or implied as to the minimum quantity of work that the City is
° obligated to provide or the minimum compensation to be paid under this contract. This contract is not
gym° intended to establish an exclusive provider relationship and the City retains the right to retain the services of
0 other providers of veterinary services.
Co OFFICIAL R ACORD
CITY SECRETARY
FT.WORTHo TX
The Contractor shall provide monthly invoices to the City. Invoices shall contain a detailed
breakdown to include: type of service performed including employee name, functional title, date and hours of
work performed, internal services provided, and external supplies and services provided.
Payment of services rendered shall be due within thirty (30) days of the uncontested performance of
the particular services so ordered and receipt by the City of Contractor's invoice for payment of same. In the
event of a disputed or contested billing, only that portion so contested may be withheld from payment, and
the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until
mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof.
Acceptance by Contractor of payment shall operate as and shall release the City from all claims or
liabilities under this Agreement for anything related to, done or furnished in connection with the services for
which payment is made, including any act or omission of the City in connection with such services.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor 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 the City in any fiscal period
for any payments due 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 without
penalty or expense to the City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay
Contractor for services actually rendered up to the effective date of termination and Contractor shall
continue to provide the City with services requested by the City and in accordance with this
Agreement up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any
existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event
that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees
immediately to make full disclosure to the City in writing. Contractor, for itself and its officers, agents and
employees, further 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
shall store and maintain City Information in a secure manner and shall not allow unauthorized 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.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 2 of 12
6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment under
this contract, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of the Contractor involving transactions relating to this Contract at no
additional cost to the City. Contractor agrees that the City shall have access during normal working hours to
all necessary 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, until expiration of three (3) years after final payment
of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records 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.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor as to
all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to
and in accordance with the conditions and provisions of this Agreement, Contractor shall 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, contractors and subcontractors. Contractor acknowledges that the
doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Contractor, its officers, agents, employees, servants, contractors and subcontractors.
Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Contractor.
8. LIABILITY AND INDEMNIFICATION.
CONTRACTOR SHALL 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 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
CONTRACTOR COVENANTS AND AGREES TO,AND DOES HEREBY,INDEMNIFY,HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED
BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 3 of 12
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the 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 and obligations of the
Contractor under this Agreement as such duties and obligations may apply. The Contractor shall provide the
City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to
this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Contractor, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas Workers' Compensation Act(Art.8308 — 1.01 et seq.
Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of$100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease
per employee
Professional Services Agreement—Animal Hospital of Southwest Ft. Worth,Inc. Page 4 of 12
(d) Professional Liability(Errors & Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
The above described Professional liability coverage is required for each licensed
Veterinarian performing any duties under the Contract. Professional Liability
coverage may be provided through an endorsement to the Commercial General
Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is
acceptable if coverage meets all other requirements. Coverage shall be claims-
made, and maintained for the duration of the contractual agreement and for two (2)
years following completion of services provided. Contractor shall submit the
certificate of insurance evidencing the above coverage prior to each Veterinarian
performing any duties under this Contract. Annual certificates of insurance shall be
submitted to the City to evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work
pursuant to this Agreement. All policies except Workers' Compensation shall be endorsed to
name the City as an additional insured thereon, as its interests may appear. All policies shall
contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City
shall include its employees, officers, officials, agent, and volunteers in respect to the
contracted services. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement. A minimum of
thirty(30) days' notice of cancellation or reduction in limits of coverage shall be provided to
the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto Contractor's insurance policies.Notice shall be sent to the
Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Contractor agrees to comply with all applicable federal, state and local laws, ordinances, rules and
regulations. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations,
Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations
hereunder, it shall 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 Contractor, its personal representatives, assigns, subcontractors or successors in interest,
Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless
from such claim.
During the performance of this contract, Contractor shall not discriminate in its employment
practices and shall comply with all applicable provisions of Chapter 17,Article III of the Code of the City
of Fort Worth. Contractor agrees not to discriminate against any employee or applicant for employment
because of because of age, race, color, religion, sex, disability, national origin, sexual orientation,
transgender, gender identity or gender expression in any manner involving employment, including the
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 5 of 12
recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment,
promotion, demotion, transfer, compensation, employment classification, training and selection for
training or any other terms, conditions or privileges of employment.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall 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 confirmation of the transmission, or (3) received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To The CITY: To CONTRACTOR:
City of Fort Worth Animal Hospital of Southwest Ft. Worth, Inc.
Attn: Charles Daniels Michael L.Morris
1000 Throckmorton Street 6716 South Hulen Street
Fort Worth TX 76102-6311 Fort Worth,TX 76133
Facsimile: (817) 392-8654
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor shall, during the term 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.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the internal 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.
18. 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.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 6 of 12
19. 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 (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.
20. 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.
21. 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 shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed by
an authorized representative and delivered on behalf of such party.
23. ENTIRETY OF AGREEMENT.
This Agreement contains all of the covenants, statements, representations and promises agreed to by
the parties. To the extent of any conflict, this Agreement supersedes the terms, conditions, and
representations set forth in the City's Request for Proposals, Contractor's Proposal and revised cost. No
agent of either party has authority to make, and the parties shall not be bound by, nor liable for, any
covenant, statement, representation or promise not set forth herein. The parties may amend this Agreement
only by a written amendment executed by both parties.
24. SIGNATURE AUTHORITY.
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. The other party is fully entitled to rely on this
warranty and representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 7 of 12
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples:
CITY OF FORT WORTH ANIMAL HOSPITAL OF SOUTHWEST
FT.WORTH,INC.
B&I,
Charles Daniels Michael L. Morris
istant City Manager President
Date: j2. �,S /'� Date: Z ,�
WITNE
ATTES
By•
By: t SJUl� i&A
�s City Secretary rint: 1
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0600000000 'bA
APPROVED AS TO FORM AND LE o4
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By: °°°°°0°°°°°00
Assistant City Attorney .q
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CONTRACT AUTHORIZATION:
M&C: f?-1 17)7i
Date Approved:
OFFOCUAL [RECORD
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Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 8 of 12
ATTACHMENT A
SCOPE OF SERVICES
1. Shelter Medicine,Medical Treatment Ward,Euthanasia Laboratory Oversight
Shelter Veterinarian will be present and perform duties 45 hours per week. The daily schedule
will be Tuesday through Friday 10:00 am to 6:00 pm; Saturday 10:00 am to 5:00 pm, and Sunday and
Monday 1:00 am to 4:00 pm.
A. General Shelter Operations:
Contractor will designate the "primary veterinarian" by name. Primary veterinarian will
serve as the Shelter Veterinarian for the Chuck Silcox Animal Care and Control Center (ACCC)
at least 70% of the Shelter Veterinarian work hours. While the Shelter Veterinarian may
assist with spay and neuter surgeries from time to time, the focus of this position is on the general
care and treatment of animals and the overall health and sanitation of the shelter. Contractor shall
anticipate vacation and emergencies when scheduling primary veterinarian.
B. Shelter Veterinarian
The Shelter Veterinarian shall be responsible for the overall health of the shelter animals,
which includes the medical treatment ward patients. To comply with this responsibility the
Shelter Veterinarian will be expected to spend the majority of their time involved with the
animals in the kennels and the medical treatment ward, not in the surgery clinic. To ensure the
overall health of the shelter animals the Shelter Veterinarian's responsibilities will not only
include exams, diagnosis and treatment of the shelter animals but also advising and training on
disease control measures, cleaning and sanitizing protocols and proper euthanasia procedures.
The following specific requirements are to be accomplished by the Shelter Veterinarian:
• Take action on any other deficiencies observed while conducting normal duties.
• Conduct daily "rounds" of the individual kennels performing animal-specific
examinations of the animals housed in the kennels.
• Perform visual inspections, examinations, diagnosis, and treatment at all levels of care for
animals brought into or held in the shelter, and provide guidance to staff on follow-up
treatment.
• Continually monitor all animals brought into the shelter's kennels, receiving and bay
areas to ensure the overall health and care of each animal.
• Oversee administration of rabies vaccination, core vaccinations and parasite control
programs for all shelter animals.
• Observe quarantined animals when quarantine is provided by the shelter.
• Provides emergency veterinary treatment at a veterinarian hospital for animals as
required by ACCC 24 hours per day, 7 days per week.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 9 of 12
• Provide advice on various aspects of the animal shelter operation including care,
cleaning, disease control, diet,etc.
• Consult with medical, dental and other veterinary professionals to facilitate specialty
animal care services.
• Provide veterinary consultation in the administration of animal care and regulatory issues.
• Assist with investigations of animal cruelty, including providing professional evaluation
and advice to the ACCC staff, inspections of pet stores, court testimony and
administrative hearings and assists the public with animal care issues.
• Assist the superintendent in the development and implementation of policies which
impact animal and, indirectly,human health.
• Coordinate the planning of daily activities for the shelter veterinary function to ensure
efficient and effective operations.
• Conduct staff training on recommended practices on topics involving animal health, well-
being, medical care or other related topics.
• Participate in City-sponsored low-cost rabies vaccination and registration clinics.
• Perform minor surgical procedures as required.
• Provide post-surgical care for all surgery complications or on adoption returned animals
with surgery complications or illnesses.
C. Medical Treatment Ward Operations
• Select animals with illnesses that can be treated within the capabilities of the medical
treatment ward.
• Provide examinations, diagnosis, and treatment for all animals brought into the medical
treatment ward, and provide guidance to staff on follow-up treatment.
• Provide care instructions, prescriptions and follow-up advice to rescue groups, adopters,
and others at time of release.
D. Euthanasia Oversight
• Provide direct oversight of the euthanasia laboratory operations.
• Assist the superintendent in the development and implementation of policies for the
proper operation of the euthanasia laboratory.
• Perform periodic reviews and monitoring of euthanasia procedures and the equipment
used in the euthanasia laboratory, and report on the proper use and disposal of all
equipment and supplies and ensure the use of state approved euthanasia techniques.
Professional Services Agreement—Animal Hospital of Southwest Ft. Worth,Inc. Page 10 of 12
• Monitor all drugs used in euthanasia and ensure Drug Enforcement Agency (DEA)
compliance.
2. Full Spay and Neuter Services including Staffing
The Spay/Neuter Veterinarian will be present from 9:00 am to 2:00 pm or until the animals
designated for surgery have been completed.
A. Animals will be selected for surgery by ACCC employees and placed in the pre-surgery
cages.
B. The Spay/Neuter Veterinarian will perform spay/neuter surgeries and oversee recovery,
discharge and any other activities related to spay/neuter operations.
C. The Spay/Neuter Veterinarian communicate with city staff regarding the completed
operations.
D. While performing services at ACCC and in the absence of the Shelter Veterinarian, the
Spay/Neuter Veterinarian shall provide guidance to staff on medical issues that arise and that
are not part of a treatment plan already initiated by the Shelter Veterinarian. Follow-up care
shall be provided by the Shelter Veterinarian.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 11 of 12
ATTACHMENT B
PAYMENT SCHEDULE
Fees:
Veterinarian services during the normal operating hours of the Chuck Silcox Animal Care and
Control Center shall be provided at $55.00 hour for services outlined in the Scope of Work (Attachment
A). The annual cost shall not exceed$240,000.00 without written consent from the City.
Veterinarian services, supplies and materials provided by Contractor at Contractor's own facility
shall be billed at a discount of 50 percent of Contractor's reasonable and customary charges.
If offsite services are provided on an emergency basis outside Contractor's regular business
hours, City shall be billed an emergency charge of$125.00 per patient seen on such emergency basis.
This $125 emergency charge shall be in lieu of any other emergency fees or markups. All other services,
supplies and materials shall be billed at a discount of 50 percent of Contractor's reasonable and customary
charges,excluding any usual and customary emergency fees or markups.
The Contractor will utilize ACCC's supplies and materials when performing veterinarian services
on-site.
Professional Services Agreement—Animal Hospital of Southwest Ft.Worth,Inc. Page 12 of 12
M&C Review Page 1 of 2
official site of the City of Fort Worth,Texas
CITY CUIDUNCILAGENDA FORTWORTH
COUNCIL ACTION: Approved on 10/28/2014
REFERENCE ** 13P14-0142 VETERINARY
DATE: 10/28/2014 NO.: P-11712 LOG NAME: SERVICES DB
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with Animal Hospital of
Southwest Fort Worth, Inc., for Veterinary Services for the Code Compliance Department
in an Amount Up to $240,000.00 Annually (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services
Agreement with Animal Hospital of Southwest Fort Worth, Inc., for Veterinary Services for the Code
Compliance Department in an amount up to $240,000.00 annually for an initial term of three years
and the option to renew for two additional one-year terms.
DISCUSSION:
The Code Compliance Department's Chuck Silcox Animal Care and Control Center (ACCC), will use
this Professional Services Agreement to provide care for animals housed in the shelter, shelter
medicine and treatment, spay and neuter surgeries, laboratory oversight, and rabies vaccinations and
core vaccinations for adopted and reclaimed animals. After-hours emergency care will be handled on
an as-needed basis.
A Request for Proposals (RFP) was issued on May 14, 2014 with detailed specifications to provide
veterinary services for the ACCC. The evaluation factors included experience and ability of
veterinarian/vendor and Staff, ability to provide scope of services, location and availability, references
and cost of services. The proposals received were reviewed by an evaluation committee consisting
of staff from the Code Compliance Department.
PRICE ANALYSIS - The contract price is 57 percent higher compared to the price awarded in
January 2012 (M&C P-11349). The price increase is attributed to an expanded scope of
services. The Code Compliance Department reviewed the pricing and determined it to be fair and
reasonable.
ADVERTISEMENT-This RFP was advertised in the Fort Worth Star-Telegram every Wednesday
starting May 13, 2014 through June 18, 2014. Ninety vendors were solicited from the purchasing
database; three responses were received.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the M/WBE or BDE
Ordinance, because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by
the City Manager in the amount of up to $50,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, the initial three-year term of this Contract shall
begin December 1, 2014 and expire November 30, 2017. 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
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M&C Review Page 2 of 2
obligations during the renewal term.
RENEWAL OPTIONS -This Agreement may be renewed for up to two successive 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 were appropriated in the General
Fund for this purpose in the Fiscal Year 2015 budget.
BQN\14-0142\DB
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0239003 $240,000.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Aaron Bovos (8517)
Jack Dale (8357)
Additional Information Contact: Doris Brent (2058)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/me review.asp?ID=2 043 2&councildate=10/2 8/2 014 12/10/2014