HomeMy WebLinkAboutC2019-654 - 12/10/2019 - Approved C° s
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;� I SUPPLY AGREEMENT NO. 2583
Animal Food and Supplies for Animal Care
1852
THIS Animal Food and Supplies for Animal Care Supply Agreement ("Agreement")
is entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Miller Veterinary Supply Co., Inc. ("Contractor), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Animal Food and Supplies for Animal
Care in response to Request for Bid No. 2583 ("RFB"), which RFB includes the required
scope of work and all specifications and which RFB and the Contractor's bid response
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 Animal Food and Supplies for Animal Care 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. "Goods," "products", and "supplies", as used in this
Agreement, refer to and have the same meaning.
2. Term. This Agreement is for five years. 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 by written amendment 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
$584,511 .00, subject to approved extensions and changes. Payment will be made
for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. 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:
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Approved as to Legal Form July 11, 2019
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
Phone: 361-826-4605
Email: Michelle)@cctexas.com
5. Insurance. 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.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
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8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. 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
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.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. 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 in an attachment to this
Agreement. 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.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. 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.
16. 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: 361-826-4611
IF TO CONTRACTOR:
Miller Veterinary Supply Co., Inc.
Attn: Randi Charleston
Inside Representatiave
201 S. Adams, Fort Worth, TX 76104
Phone: 817-335-5487 ext 6319
Fax: 817-334-0891
17. 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,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
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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.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms 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.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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.
21. 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
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Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. 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).
23. 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.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. 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.
25. 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)
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Approved as to Legal Form July 11, 2019
CONTRACTOR -y�
Signature: /� /Za�C-�!
Printed Name: gairvl
Title: MS1��
Date:_ I t/aD/I
CITY OF CORPUS CHRISTI
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6/1;11-
Kim Baker
Director of Contracts and Procurement
Date: 12_ . L2- LG &46(- i(4/fe"
ATTEST: IP-4.-
REB CCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only: � AUIMUKILL.
Exhibit 1: RFB No. 2583
Exhibit 2: Contractor's Bid Response r-q
CFPRC ri Dt'
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Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Contractor shall supply animal food and supplies for Animal Care as
outlined in this Scope of Work.
1.2 Scope of Work
A. Contractor must supply Animal Care with the following animal food and
supplies every two months:
1 . 95 each of Purina Pro Plan EN Gastroenteric (13668), 32 lb. hospital
pack
2. 22 each of Purina Pro Plan Focus Puppy Chicken & Rice (02773), 12 X
13 oz. can
3. 20 each of Purina Pro Plan Savor Feline Adult Chicken & Rice (13154),
16 lb. bag
4. 20 each of Purina Pro Plan Focus Kitten Chicken & Rice (131627), 7 lb.
bag
5. 17 each of Purina Pro Plan Focus Kitten Chicken & Liver (02763), 24 X
3 oz. can
6. 3 each of Purina Pro Plan CN Critical Nutrition (14720), 24 X 5.5 oz. can
7. 3 each of Purina Pro Plan Canine Fortiflora (12991), 6 X 30-1 g sachets
per box
8. 3 each of Purina Pro Plan Feline Fortiflora (12990), 6 X 30-1 g sachets
per box
9. 3 each of Purina Pro Plan Savor Feline Adult Crunchy Bites with
Chicken (14969), 10 X 2.1 oz. bag
10. 10 cases of 10 - NutriSentials Lean Treats for Dogs
11 . 10 cases of 8 - NutriSentials Large Breed Lean Treats for Dogs
12. 80 each of Tidy Cats by Purina (or a comparable brand) 351b Pail
13. 170 each of Virbac CET Chews size: Small
14. 170 each of Virbac CET Chews size: Medium
15. 340 each of Virbac CET Chews size: Large
16. 170 each of Virbac CET Chews size: Extra Large
Page 1 of 2
B. All products must have a minimum shelf life of six months remaining at the
time of delivery.
C. All items must be delivered during normal working hours, Monday through
Friday between the hours of 8:00 a.m. and 5 p.m., to the back end of the
Animal Care Complex building located at 2626 Holly Rd., Corpus Christi,
TX 78415.
1.4 Work Site and Conditions
A. Items can be delivered loose or on pallets. The Complex building does
not have a loading dock; therefore, a lift gate and pallet jack may be
required.
B. Depending on the method of delivery, the Contractor must provide a lift
gate and pallet jack if required.
1.5 Special Instructions
Contractor must contact either the facility primary contact or the additional
delivery contact listed below prior to delivery or shipment may not be
accepted:
Primary Contact: Michelle Jorgensen (361) 826-4605
Additional Delivery Contact: Rose Gerstenberger (361) 826-1304
Page 2 of 2
Attachment B: Bid/Pricing Schedule
,
IIs7111S CITY OF CORPUS CHRISTI
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CONTRACTS AND PROCUREMENT
DEPARTMENT
7°w,z,,° BID FORM
xss
RFB No. 2583
Animal Food and Supplies for Animal Care
PAGE 1 OF 2
Date: a1 ,
�l �p `/" Authorized / / ' ' /4--
Bidder: 1�1 ei-Vele,Ct(1c�.` S ` Signature: ,
� 'SPP -
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1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder 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. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
ITEM DESCRIPTION (5-YEAR SUPPLY) UNIT QTY UNIT PRICE TOTAL PRICE
1. Purina Pro Plan EN Gastroenteric, EA 2,850
32 lb. hospital pack 43`A„cAck iciolial,50
2. Purina Pro Plan Focus Puppy EA 660
Chicken & Rice, 12 X 13 oz. can A ILA ,11 c114Ba ao
3. Purina Pro Plan Savor Feline Adult EA 600
Chicken & Rice, 16 lb. bag (,Goll kN 17Lmoo0
4. Purina Pro Plan Focus Kitten EA 600
Chicken & Rice, 7 lb. bag tA 19 . 39 tk 1 bt-1/43A.00
5. Purina Pro Plan Focus Kitten EA 510
Chicken & Liver, 24 X 3 oz. can $ t B°cil k\ 9 41(-1 •7)
6. Purina Pro Plan CN Critical EA 90
Nutrition, 24 X 5.5 oz. can A Li 1 .33 31 1 a .tiD
7. Purina Pro Plan Canine Fortiflora, 6 EA 90 d51 IW.oI b'aCob•�0
X 30-1 g sachets per box
PAGE 2 OF 2
ITEM DESCRIPTION (5-YEAR SUPPLY) UNIT QTY UNIT PRICE TOTAL PRICE
8. Purina Pro Plan Feline Fortiflora, 6 X EA 90of
30-1 g sachets per boxy�� l 02(.000`10
Purina Pro Plan Savor Feline Adult
9. Crunchy Bites with Chicken, 10 X EA 90 \Lk 9c1 6 \3gci.10
2.1 oz. bag
10 cases of 10 - NutriSentials Lean
10. Treats for Dogs ub5 -i - p(� EA 600 3�QS a3c D bO
1 1 10 cases of 8 - NutriSentials Large EA 300 11 .q S ` 1ckc2,s oc7
Breed Lean Treats for DogsAsubscrk-thiA
12. Tidy Cats by Purina, or a EA 2,400 ,� .'�1 tig3 Do
comparable brand, 35 lb. Pail �
13. Virbac CET Chews size: Small EA 5,100 ite o ttAa33 )90.
14. Virbac CET Chews size: Medium EA 5,100 (o.y 0 q 5 30t4o oo
15. Virbac CET Chews size: Large EA 10,200 13, 50 4 1; 700 Do
16. Virbac CET Chews size: Extra Large EA 5,100 tAI(v. (c5 ( a(4 9‘s, co
Total 13--gLA�ll o0
Attachment C: Insurance Reqirements
No insurance is required for this supply agreement; therefore,
Section 5, Insurance, is null and void.
Page 1 of 1
Attachment D: Warranty Requirements
No warranty is required for this supply agreement; therefore, Section
8, Warranty, subsection 8 (B) is null and void.
Page 1 of 1