HomeMy WebLinkAboutC2014-127 - 4/17/2014 - NA Operating Agreement
For Low Cost Vaccination Clinic
WHEREAS People Assisting Animal Control has proposed to operate the Low Cost
Vaccination Clinic;
WHEREAS the Low Cost Vaccination Clinic provides the community with a well needed
and useful service;
WHEREAS,People Assisting Animal Control plans to open a Low Cost Vaccination
Clinic independent of the City,off City Premises by June 2014;
NOW,THEREFORE,People Assisting Animal Control and City enter into this Agreement and
agree as follows:
)This Agreement is entered into this da of April 2014 (the"Effective Date")by the
People Assisting Animal Control("PAAC"),Texas 501(c)3 Nonprofit Corporation,and the City
of Corpus Christi ("City") for operation of the Low Cost Vaccination Clinic.
1. Term; Termination.
(a) This Agreement shall commence on the Effective Date and shall continue in effect for
three(3)months from the Effective Date hereof, provided,however,that either party may
terminate this Agreement.
(b) This Agreement may be terminated by any Party upon the giving of 5 days' advance
written notice.
(c) Either party may terminate this Agreement for failure to abide by the terms specified
herein.Failure to keep all insurance policies in force for the entire term of this Agreement is also
grounds for termination.
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2014-127
4/17/14
PAAC INDEXED
2. City Responsibilities.
(a) Facilities.The City shall provide a space in the Animal Care Services Facility located at
2626 Holly Road,Corpus Christi,Texas 78415 (the`Building"). The City will communicate the
Building's existing policies and any changes thereto,to the designated PAAC liaison(s).
(b) Condition of Low Cost Vaccination Clinic.The City is responsible for and will maintain
the Low Cost Vaccination Clinic at all times in a clean, repaired and presentable manner and
shall be responsible for the condition of the Low Cost Vaccination Clinic and all janitorial,heat,
light and ventilation of the Low Cost Vaccination Clinic and will keep the Low Cost Vaccination
Clinic in the same condition as other similarly used facilities.
(c) Hours of Operation. Animal Care Service's Office hours are from 10 am to 5 pm.The
Low Cost Vaccination Clinic will.be open each Monday from the hours of 8:30 am to 11:30 pm.
3. PAAC Responsibilities.
(a) Staff. PAAC shall staff the Low Cost Vaccination Clinic during hours of operation.
PAAC will be responsible for maintaining safety and accessibility to Low Cost Vaccination
Clinic for all visitors.PAAC will be responsible for collecting all funds for services provided by
the Low Cost Vaccination Clinic. Only PAAC volunteers and staff may be allowed to work in
the Low Cost Vaccination Clinic.
(b) Veterinarian. All tasks required by law to be conducted by a licensed veterinarian shall
be conducted by a veterinarian licensed by the State of Texas.
(c) Materials. PAAC shall provide.equipment and materials as needed,including
vaccinations,heartworm test,flea treatment and microchips.
(d) Services. In operation of the Low Cost Vaccination Clinic,PAAC will only provide the
services found in Exhibit"A".The services to be provided include vaccination,heart worming,
microchipping and flea treatment.
4. Fees and Payments.
(a) Operating Fees. PAAC shall operate the Vaccination Clinic at no cost to the City. In
consideration for operating the Vaccination Clinic, PAAC will receive the fees collected for
service provided at the Low Cost Vaccination Clinic.
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(b) Costs and Expenses. Each Party shall pay its own costs and expenses incurred in
connection with this Agreement.
(c) Fees for the Low Cost Vaccination Clinic Services.PAAC will charge fees in accordance
to the fees established in Exhibit"A".PAAC will be solely responsibly for collection and
management of money from fees.
5. Contract Administrator.
The Contract Administrator designated by the City is responsible for approval of all phases of
performance and operations under this Agreement.All of Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator,who
is the Animal Care Control Program Manager.
6. Independent Contractors.
The Parties to this Agreement are, and will at all times remain,independent contractors.None of
the Parties will represent itself to be an affiliate,employee, representative or agent of any other
Party. In no event will the Parties be considered partners,joint venturers or fiduciaries.
7. Assignment.
Neither this Agreement nor any of the rights,interests or obligations under this Agreement shall
be assigned by any Party(other than by operation of law)without the prior written consent of all
other Parties to this Agreement.
8. Indemnity and hold harmless.
PAAC agrees to 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 any nature on account of death,personal injuries,property loss or
damage or any other kind of damage,including all expenses of litigation,court costs,attorneys'
fees and expert witness fees which arise or are claimed to arise out of or in connection with this
contract or the performance of this contract,regardless of whether the injuries, death or damages
are caused or are claimed to be caused by the concurrent or contributing negligence of
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indemnitees,but not by the sole negligence of indemnitees unmixed with the fault of any other
person or group.PAAC 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
indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising
from any of said liability, damage,loss,claims, demands or actions.
9. Insurance.
Before activities can begin under this Agreement,Contractor must deliver a Certificate of
Insurance, as proof of the required insurance coverage to the Contract Administrator and the
City's Risk Manager. Additionally, the Certificate must state that the City will be given at least
30 days notice of cancellation,material change in the coverage,or intent not to renew any of the
policies by certified mail.The City must be named as an Additional Insured.Insurance
requirements are attached and incorporated as Exhibit`B".
10. Miscellaneous.
(a) Laws.The Parties will comply with all applicable federal,state, and local laws,rules and
regulations.
(b) Alterations.PAAC will not make any permanent additions or alterations to the Low Cost
Vaccination Clinic or to any improvement at the Building without the City's prior written
consent.Any permanent additions or alterations made by PAAC will become the property of the
City at the expiration of this Agreement.
(c) Nondiscrimination.The Parties covenant that all persons referred to the Low Cost
Vaccination Clinic will be treated equally without regard to or because of race,religion,national
origin,sex,age,or disability and in compliance with all federal and state laws prohibiting
discrimination.
(d) Severability. If any article,section,subsection,paragraph,sentence or clause of this
Agreement shall be deemed to be illegal, invalid or unenforceable for any reason,such illegality,
invalidity or unenforceability shall not affect the legality,validity or enforceability of the
reniainder of this Agreement. If any change occurs during the term of this Agreement with
respect to any laws,rules,regulations or ordinances which affect the rights or obligations of
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PAAC or the City under this Agreement,PAAC and the City shall negotiate in good faith to
bring this Agreement into conformance with such change or changes.
This AGREEMENT is entered into to be effective as of the Effective Date.
City of Corpus Christi People Assisting Animal Control
5//1./.
Susan Thorpe Cheryl M ez .
Assistant City Manager President
4l `�
411 7(t
Dat Dat
Approved as to legal form: 19Pr 1 1 7 ,2014
61-ti61
Buck Brice
e
Assistant City Attorney
For City Attorney
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VISIT US AT:
VACCINATION CLINIC http://ccpaac.org
PA� Every Monday from 8:30-11:30 am FOLLOW US ON:
(or 1St 35 animals) http://www.facebook.com/ccpaac
2626 Holly Road
Wk.
DOGS: CATS:
Vaccinations & Other Vaccinations & Other
Rabies $8.00 Rabies $8.00
Parvo/Distemper (DA2PP) $10.00 Distemper(FVRCPP) $10.00
Bordetella $8.00 Microchip $15.00
Heartworm Test $10.00
Microchip $15.00
' j
Heartworm Prevention (6 month supply)' - , , i"
6-12 lbs OR 13-25 lbs $20.00 R.e V �e r
26-50 lbs $25.00
51-100 lbs $30.00 ` ; .k ( kt4 '`
Flea/Tick Treatment (3 month supply) Heartworm & Flea Prevention
All Weights $24.00 MUST be given on a monthly basis.
Please be sure and bring your animal's records of previous vaccinations.
r la 11 c. VACCINATION CLINIC VISIT UPS a or
Every Monday from 8:30-11:30 am
(or 1st 35 animals) FOLLOW US ON:
http://www.facebook.com/ccpaac
2626 Holly Road
All
DOGS: CATS:
Vaccinations & Other Vaccinations & Other
Rabies $8.00 Rabies $8.00
Parvo/Distemper(DA2PP) $10.00 Distemper(FVRCPP) $10.00
Bordetella $8.00 Microchip $15.00
Heartworm Test $10.00
Microchip $15.00
Heartworm Prevention (6 month supply) I` , ' ac
6-12 lbs OR 13-25 lbs $20.00 R f GV�,�.�r
26-50 lbs $25.00
a 141 9
51-100 lbs $30.00 X3.,3,,1
Flea/Tick Treatment (3 month supply) Heartworm & Flea Prevention
All Weights $24.00 MUST be given on a
MINT I
Please be sure and bring your animal's records of previous vaccinatio A
EXHIBIT B
INSURANCE REQUIREMENTS
People Assisting Animal Control's(PAAC)LIABILITY INSURANCE
A. PAAC must not commence work under this agreement until insurance required herein has been
obtained and such insurance has been approved by the City. PAAC`must not allow any
subcontractor to commence work anti3 all similar insurance required of the subcontractor has
been obtained.
B. PAAC must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance,
showing the following minimu,n coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must bc: named as an additional insured for the General Liability policy.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of material change, Bodily Injury and Property Damage
cancellation,non-renewal or termination is Per occurrence I aggregate
required on all certificates
Commercial General Liability including: $300,000 Per Occurrence
1. Commercial Form
2. Premises—Operations
3. Contractual Liability
4. Broad Form Property Damage
5. Independent Contractors
6. Personal/Advertisin_ In'
Auto Liability State Required Minimum Liability Coverage
for PAAC volunteers
Veterinarian's Professional Liab'?i`v; $1,000,000 Per Occurrence
C. In the event of accidents of any kind, the veterinarian must furnish the Risk Manager with copies
of all reports of such accidents within 10 days of the accident.
II. ADDITIONAL,REQUIREMENTS
• The City of Corpus Christi must be named as an additional insured on the liability
coverage.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed or"between"be" and"canceled",
and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of
modification of the ACORD form,separate endorsements to the policy(s) addressing the same
substantive requirements are mandatory.
• At a minimum, a 30-day written notice of material change, non-renewal, cancellation or
termination is required.
Ins.Reps,
CCPD—Animal Care
PAAC Services Agreement
3/4/2014 ds Risk Management