HomeMy WebLinkAboutC2020-117 - 3/31/2020 - Approved _0043S Ci%
i PROFESSIONAL SERVICE AGREEMENT NO. 2558
vor
Veterinarian Services for Animal Care
'BPO'P
1852
THIS Veterinarian Services for Animal Care Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Michele King, DVM ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Veterinarian Services for Animal Care in
response to Request for Bid/Proposal No. 2558 ("RFB/RFP"), which RFB/RFP includes the
required scope of work and all specifications and which RFB/RFP and the Contractor's
bid or proposal response, as applicable, are incorporated by reference in this
Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its
entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Veterinarian Services for Animal Care ("Services")
in accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety.
2. Term. This Agreement is for three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
the Contracts and Procurement Department. The parties may mutually extend
the term of this Agreement for up to zero additional zero-year periods ("Option
Period(s)"), provided, the parties do so in writing and prior to the expiration of
the original term or the then-current Option Period. The City's extension
authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$180,000.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by•the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Professional Service Agreement Page 1 of 7
SCANNED
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Michelle Jorgensen
Animal Care Services
Phone: 361-826-4605
Email: MichelleJ@cctexas.com
5. Insurance; Bonds; License.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
(C) Prior to beginning work, Contractor must provide evidence of any valid
professional license necessary for the performance of the work under this
Agreement.
6. Standard of Care. Contractor warrants that all Services will be performed in
accordance with the standard of care used by similarly situated contractors
performing similar services under the same professional license.
7. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
Professional Service Agreement Page 2 of 7
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
8. Independent Contractor; Release.
(A) In performing this Agreement, both the City and Contractor shall act in an
individual capacity and not as agents, representatives, employees, employers,
partners,joint venturers, or associates of one another. Contractor shall perform all
professional services as an independent contractor and shall furnish such Services
in his own manner and method, and under no circumstance or condition shall an
employee, agent, or representative of either party be considered or construed to
be an employee, agent, or representative of the other party.
(B) As an independent contractor, no workers' compensation insurance shall
be obtained by City covering the Contractor and employees of the Contractor.
The Contractor shall comply with any and all workers' compensation laws
pertaining to the Contractor and employees of the Contractor.
(C) The Contractor acknowledges, understands, and agrees that, as a non-
employee of the City, he is not entitled to participate in any of the City's employee
benefit programs nor are his spouse or any dependents entitled to participate.
(D) The Contractor further acknowledges, understands, and agrees that he
will perform the Services on City property, away from City property, or a mix of
both, as may be agreed upon by the City's Project Manager and the Contractor
from time to time. For the purposes of performing Services on City property and
with City equipment and in lieu of the Contractor's having workers' compensation
coverage, the Contractor agrees to execute the Release of Liability and
Covenant Not to Sue, which is attached to this Agreement as Attachment E and
the contents of which, as a completed instrument, is incorporated by reference
into this Agreement as if fully set out in this document.
9. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
Professional Service Agreement Page 3 of 7
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
10. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
11. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
12. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
13. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Michelle Jorgensen
Management Assistant Animal Care Services
Address: 2626 Holly Rd., Corpus Christi, TX 78415
Phone: 361-826-4605
Fax: 361-826-461 1
IF TO CONTRACTOR:
Michele King, DVM
Attn: Michele King, DVM
Doctor of Veterinary Medicine
738 Oviole Street, Corpus Christi, TX 78418
Phone: 361-424-0368
Fax: n/a
14. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
Professional Service Agreement Page 4 of 7
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
15. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
16. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
17. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
Professional Service Agreement Page 5 of 7
18. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
19. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
20. Governing Law.This Agreement is subject to all federal, State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties
(SIGNATURE PAGE FOLLOWS)
Professional Service Agreement Page 6 of 7
CONTRACTORp�-`-\�
Signature: 1V--t
Printed Name: .kKA In e D•1
✓V-fr- ,
Title:
Date: o COO 2-f- 2
CITY OF CORPUS CHRISTI / .24 Ag-;L.Vri , Zakt,t,
ATTEST,
RE:t CA HUERTA
RE=EC
Kim Baker CITY SECRETARY
Assistant Director of Finance-Purchasing Division
Date: '-E. t- 2b 2 0 � d 6"'�... '
APPROVED AS TO LEGAL FORM: S'f C.pUVIL
Aimee Alcorn-Reed AIS
2020.03.27 11:00:09-05'00' SEGRE�
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Release of Liability and Covenant Not to Sue
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2558
Exhibit 2: Contractor's Bid/Proposal Response
Professional Service Agreement Page 7 of 7
Attachment A: Scope of Work
1.1 General Requirements
Contractor agrees to enter into a nonexclusive agreement to provide
veterinary services on an "as needed basis" as described in the following
Scope of Work.
1.2 Scope of Work
A. Contractor specific duties and responsibilities when scheduled for shelter
medicine duties shall include:
1. Examining animals for health status and conditions. This includes all
live cruelty cases
2. Performing emergency surgeries and administering emergency
medications
3. Prescribing and administering euthanasia for sick or injured animals
4. De-worming, and checking animals for heartworms
5. Performing animal surgeries, including spay and neuter surgeries for
the shelter
6. Preparing and forwarding dead animal tissue samples to be
examined with the expectation that a diagnosis of illness or injury can
be made to assist with deaths in shelter or cruelty cases
7. Providing vaccinations on animals at the facility
8. Observing animals under quarantine and certifying animals in rabies
quarantine to be free of rabies
9. Providing diagnosis and treatment of animals in accordance with
Department protocols and standards
10.Maintaining updated and accurate animal medical records
11.Maintaining high standards of care and quality control provided in a
productive and courteous manner
12.Examining and inspecting carriage company facilities in accordance
with City policies and procedures
13.Conducting in-service training for Department staff
14.Answering questions from the public pertaining to veterinary public
health issues, City ordinances, and State laws dealing with animal
control
15.Abiding by Department requirements for licensing and credentialing
16.Adhering to and abiding by Department policies regarding access,
maintenance, dispensation and tracking of controlled substances
17.Transferring, at the City's request, controlled substances procured by
the City under the custody and control of Contractor to City without
unreasonable delay
18.Performing other veterinary duties as designated by City
19.Invoicing the City for work performed
B. Specific duties and responsibilities when scheduled for spay/neuter
surgeries under the contract shall include:
1. Evaluating animals to determine suitability for sterilization procedure
2. Performance of surgical procedure
3. Post-operative care including medications
4. Follow-up care due to surgical complications
5. Maintaining updated and accurate animal medical records
6. Maintaining high standards of care and quality control provided in a
productive and courteous manner
7. Abiding by Department requirements for licensing and credentialing
8. Adhering to and abiding by Department policies regarding access,
maintenance, dispensation and tracking of controlled substances
9. Transferring, at the City's request, controlled substances procured by
the City under the custody and control of Contractor to City without
unreasonable delay
10.Invoicing the City for work performed
C. All work performed by Contractor hereunder shall be performed to the
satisfaction of Contract Administrator. The determination made by the
Contract Administrator shall be final, binding and conclusive on all
Parties hereto. The City shall be under no obligation to pay for any work
performed by Contractor, which is not satisfactory to Contract
Administrator. The City shall have the right to terminate this Agreement
in whole or in part, should Contractor's work not be satisfactory to
Contract Administrator; however, City shall have no obligation to
terminate and may withhold payment for any unsatisfactory work, as
stated herein, even should City elect not to terminate.
D. No set number of hours or surgeries are guaranteed under this
agreement. Hours of work and services to be performed will be agreed
on by Contractor and the Contract Administrator or designee. The
Contract Administrator or designee will approve the number of hours
worked and/or surgeries scheduled on a weekly basis.
E. Final acceptance of work products and services require written approval
by City. The approval official shall be Contract Administrator. Payment
will be made to Contractor following written approval of the final work
products and services by Contract Administrator. City shall not be
obligated or liable under this Agreement to any party, other than
Contractor, for the payment of any monies or the provision of any goods
or services.
F. City shall not be liable to the Contractor for any expenses paid or
incurred by the Contractor unless otherwise agreed to in writing.
G. The Contractor acknowledges that as a non-employee of City, he or she
is not entitled to participate in any of City's employee benefit programs,
nor are his or her spouse or any dependents. The Contractor hereby
waves his or her right to participate in any such programs including
pension, health or other fringe benefits.
1.3 Quality of Service
A. All work will be done in a good and workman-like fashion in accordance
with applicable standards of the profession and all services are subject
to final approval by a representative of the City prior to payment.
1.4 Compensation to Contractor
A. The City agrees to pay Contractor a total amount not to exceed of
$180,000 as total compensation, to be paid at the unit price rate shown
on Pricing Form, including surgery.
B. In consideration of the services to be rendered by the Contractor in this
Agreement, the City shall pay Contractor the fee set forth. No set number
of hours or surgeries are guaranteed under this agreement. Hours of work
and services to be performed will be agreed on by Contractor and the
Contract Administrator or his designee. The Contract Administrator or his
designee will approve the number of hours worked on an as needed
basis and/or surgeries scheduled on a weekly basis.
C. Contractor shall submit invoices monthly to City, in a form acceptable to
City and with appropriate documentation as required by City,which City
shall pay within 30 days of receipt and approval by Contract
Administrator. Invoices shall be submitted to: City of Corpus Christi,
Animal Care Services Department, Attn: Contract Administrator, 2626
Holly Road, Corpus Christi, TX 78415.
D. No additional fees or expenses of Contractor shall be charged by
Contractor nor be payable by City. The parties hereby agree that all
compensable expenses of Contractor have been provided for in the
total payment to Contractor as specified above. Total payments to
Contractor cannot exceed that amount set forth above, without prior
approval and agreement of all parties, evidenced in writing.
E. Final acceptance of work products and services require written approval
by City. The approval official shall be Contract Administrator. Payment
will be made to Contractor following written approval of the final work
products and services by Contract Administrator. City shall not be
obligated or liable under this Agreement to any party, other than
Contractor, for the payment of any monies or the provision of any goods
or services.
F. City shall not be liable to the Contractor for any expenses paid or
incurred by the Contractor unless otherwise agreed to in writing.
1.5 Federal, State, and Local Payroll Taxes
A. Federal, state, and local income tax and payroll tax of any kind shall not
be withheld or paid by City on behalf of the Contractor or the employees
of the Contractor. The Contractor shall not be treated as an employee
with respect to the services performed hereunder for federal, state, or
local tax purposes.
B. The Contractor understands that he or she is responsible to pay,
according to law, the Contractor's income taxes. If the Contractor is not
a corporation, the Contractor further understands that the Contractor
may be liable for self-employment (social security) tax, to be paid by the
Contractor according to law.
1.6 Ownership of Documents
A. Any and all writings, documents or information in whatsoever form and
character produced by Contractor pursuant to the provisions of this
Agreement are the exclusive property of City; and no such writing,
document or information shall be the subject of any copyright or
proprietary claim by Contractor.
B. Contractor understands and acknowledges that as the exclusive owner
of any and all such writings, documents and information, City has the
right to use all such writings, documents and information as City desires,
without restriction.
C. In accordance with Texas law, Contractor acknowledges and agrees
that all local government records as defined in Chapter 201, Section
201.003 (8) of the Texas Local Government Code created or received in
the transaction of official business or the creation or maintenance of
which were paid for with public funds are declared to be public property
and subject to the provisions of Chapter 201 of the Texas Local
Government Code and Subchapter J, Chapter 441 of the Texas
Government Code. Thus, Contractor agrees that no such local
government records produced by or on the behalf of Contractor
pursuant to this Contract shall be the subject of any copyright or
proprietary claim by Contractor.
D. Contractor acknowledges and agrees that all local government
records, as described herein, produced in the course of the work
required by this Contract, shall belong to and be the property of City and
shall be made available to the City at any time. Contractor further
agrees to turn over to City all such records upon termination of this
Contract. Contractor agrees that it shall not, under any circumstances,
release any records created during the course of performance of the
Contract to any entity without the written permission of the Contract
Administrator, unless required to do so by a court of competent
jurisdiction. The Department shall be notified of such request as set forth
in this Contract.
1.7 Record Retention
A. Contractor and its subcontractors, if any, shall properly, accurately and
completely maintain all documents, papers, and records, and other
evidence pertaining to the services rendered hereunder (hereafter
referred to as "documents"), and shall make such materials available to
the City at their respective offices, at all reasonable times and as often
as City may deem necessary during the Agreement period, including
any extension or renewal hereof, and the record retention period
established herein, for purposes of audit, inspection, examination, and
making excerpts or copies of same by City and any of its authorized
representatives.
B. Contractor shall retain any and all documents produced as a result of
services provided hereunder for a period of four years (hereafter referred
to as "retention period") from the date of termination of the Agreement.
If, at the end of the retention period, there is litigation or other questions
arising from, involving or concerning this documentation or the services
provided hereunder, Contractor shall retain the records until the
resolution of such litigation or other such questions. Contractor
acknowledges and agrees that City shall have access to any and all
such documents at any and all times, as deemed necessary by City,
during said retention period. City may, at its election, require Contractor
to return the documents to City at Contractor's expense prior to or at the
conclusion of the retention period. In such event, Contractor may retain
a copy of the documents.
C. Contractor shall notify City, immediately, in the event Contractor
receives any requests for information from a third party, which pertain to
the documentation and records referenced herein. Contractor
understands and agrees that City will process and handle all such
requests.
1.8 Special Instructions
Contractor shall provide copies of registration renewal to the City.
ogpus c Attachment B: Bid/Pricing Schedule
CITY OF CORPUS CHRISTI
Pricing Form
, ' -, CONTRACTS AND PROCUREMENT DEPARTMENT
COPPOP PE
1852 RFP No. 2558
Veterinarian Services for Animal Care
PAGE 1 OF 1
DATE: 12-t 213'-4—f \s y `/
NA C,l��l z ( vim t\K —
PROPOSER � AUTHORIZED STURE
1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing
proposal.
2. Provide your best price for each item.
3. In submitting this proposal, Proposer certifies that:
a. the prices in this proposal have been arrived at independently, without consultation,
communication, or agreement with any other Proposer or competitor, for the purpose
of restricting competition with regard to prices;
b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
EST. * UNIT
ITEM DESCRIPTION QTY UNIT PRICE *TOTAL PRICE
1. Veterinary services, including surgery, on 2,769 Hour (. -
an as needed basis for three years as 7-1 Ct cg Cj
outlined in the Scope of Work.
*NOTE: Unit price cannot exceed $65.00/hr. and total price cannot exceed $180,000.
Attachment C: Insurance and Bond Requirements
A. VETERINARIAN'S LIABILITY INSURANCE
1. Veterinarian must not commence work under this contract until all insurance
required has been obtained_and such insurance has been approved by the City.
Veterinarian must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
2. Veterinarian must furnish to the City's Risk Manager and Contract Administer one (1)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's
Risk Manager. The City must be listed as an additional insured on the General liability
and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
Commercial General Liability $1,000,000 Per Occurrence
including:
1. Commercial Form
2. Premises- Operations
3. Contractual Liability
4. Broad Form Property Damage
5. Independent Contractors
6. Personal Injury
Veterinarians' Professional Liability $1,000,000 Per Occurrence
3. In the event of accidents of any kind related to this contract, Veterinarian must
furnish the Risk Manager with copies of all reports of any accidents within 10 days of
the accident.
B. ADDITIONAL REQUIREMENTS
1. Applicable for paid employees, Veterinarian must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on
a policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according
to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Veterinarian is not domiciled in the State of
Texas.
2. Veterinarian shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Veterinarian's sole expense, insurance
coverage written on an occurrence basis by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
3. Veterinarian shall be required to submit renewal certificates of insurance throughout
the term of this contract and any extensions within 10 days of the policy expiration
dates. All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Veterinarian agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
5. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Veterinarian shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Veterinarian's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall
constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Veterinarian's failure to
provide and maintain any insurance or policy endorsements to the extent and within
the time herein required, the City shall have the right to order Veterinarian to stop
work hereunder, and/or withhold any payment(s) which become due to
Veterinarian hereunder until Veterinarian demonstrates compliance with the
requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent to
which Veterinarian may be held responsible for payments of damages to persons or
property resulting from Veterinarian's or its subcontractor's performance of the work
covered under this contract.
8. It is agreed that Veterinarian's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 3-H
Professional Services -Veterinarian
06/28/2019 Risk Management- Legal Dept.
No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds; License,
subsection 5 (B) is null and void.
Attachment D: Warranty Requirements
Warranty requirements are not required to this professional service
agreement.
Mar/21/2020 4'17'06 PM VCA Oso Creek 361-994-0178 2/3
Attachment E - Release of Liability
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
STATE OF TEXAS §
COUNTY OF NUECES §
This release of liability and covenant not to sue (the "Release") is executed on the
date indicated below and is entered into for the purpose of releasing the City of Corpus
Christ] and its officers, officials, employees, representatives, agents, and volunteers
(collectively, the "City") from any and all liability whatsoever arising out of, caused by, or
in any way connected with, either proximately or remotely, wholly or in part,
participation by Iv\\ 4- Sin providing professional services to the City, which is
the subject of the attached contractual agreement ("Agreement")I\AA fie l��r�and the City,
I, VV in exchange for the City allowing me to forego the condition
of providing a works' compensation insurance policy as a requirement of the
Agreement, do hereby voluntarily enter into the following covenants:
1. I acknowledge that 1, individually, employ no other employees or workers other than
myself. I covenant that I will not enter into an employer-employee relationship with any
Individual or individuals during the term of the Agreement. I acknowledge that the
capacity in which I will be participating in.the Agreement Is that of an independent
contractor and not as an employee or agent of the City. I further understand that, as an
independent contractor, I will receive no worker's compensation benefits, health
benefits, disability benefits, nor other insurance benefits which might be available to full-
time employees of the City and that, as an Independent contractor, I am fully responsible
for incurring the cost of and paying for any medical services that I may require during the
term of the Agreement.
2. I understand that I will participate in this Agreement at my own risk and hereby release,
waive, and in all ways relinquish any and all present and future claims against the City
which I, my heirs, successors, assigns, or any other person or entity (as used hereinafter
collectively, "I") may assert, have, or acquire as a result of any injury, death, property
damage, or loss whatsoever to myself or my property arising out of, resulting from, or in
any way connected with my participation in the Agreement between myself and the
City.
3. I hereby so release, waive, and relinquish any and all such claims, and I further
covenant not to claim against or sue the City for any such claim, loss, damage, or
expense regardless of whether the same may arise or result from or be caused by any
negligence or gross negligence of the City.
4. I acknowledge and understand that there may be risks involved in participating in the
Mar/21/2020 4'17'06 PM VCA Oso Creek 361.994-0178 3/3
Agreement. I voluntarily and knowingly assume any and all such risks and will rely solely
on myself and not the City in determining what those risks are.
5. I acknowledge that my services under the Agreement may occur on real property
located in the city of Corpus Christi, Nueces County, Texas, and that may be owned,
leased, controlled, or managed by the City. Further, I acknowledge that my services
under the Agreement may be performed with tools, equipment, and other personal
uy, ui i ii ly luu i moi! ui H iL.I1641iiliv ii i'i,) 11.bt7i1ac1'4TUva I#41‘'p
and that may be performed with tools, equipment, or other personal property of the City.
6. I desire and agree that this Release shall apply to any and all activities during or in any
way connected win my participation in me Agreement and my performance
thereunder.
7. I agree that this Release shall be governed by and enforceable under the laws of the
State of Texas. Venue shall lie in Nueces County, Texas.
8. I hereby acknowledge that I have carefully read the foregoing Release of Liability and
Covenant Not to Sue and, intending to be legally bound, accept each of its terms.
EXECUTED IN DUPLICATE, each of which is considered to be an original
instrument, on this the Z'St- day of -9-vzkr, , 2020.
Contractor
STATE OF TEXAS §
COUNTY OF NAUECES §
My name Is `v\ vJ _ my
(First) (Middle) (Last)
date of birth Is !23 I (o , and my address 1s
�$ cN 01,c. C o c C.L 1 S 77,
(Street) (City) (State) (Zip Code)
and United States of America
(Country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed In Nueces County,State of Texas, on theZA S("day of \ketV(-(n , �
(Month) (Year)
Declorant