R-2016-058 2016-04-11RESOLUTION NO. R2016-58
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for municipal veterinary services to Pearland Animal Hospital, in the estimated
amount of $40,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for municipal veterinary services for Animal Control have
been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Pearland Animal Hospital, in
the amount of $40,000.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for municipal veterinary services.
PASSED, APPROVED and ADOPTED this the 11th day of April, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
1gARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2016-58
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 20th of April , by and between the City of Pearland
("CITY") and Pearland Animal Hospital ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Veterinary Services for the Pearland Animal Control Department ("PROJECT').
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide veterinary services for the Animal Control
Department, as needed.
B. The CONSULTANT has prepared and submitted a detailed statement of cost of
the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT recognizes that all documents or work product generated by
the CONSULTANT under the CONTRACT shall be delivered to the CITY upon
request, and shall subsequently become subject to the Open Records Laws of this
State.
E. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
Certificates of Insurance and endorsements shall be furnished to the CITY before
work commences. Each insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, canceled, and/or reduced in coverage or in limits
("Change in Coverage") except with prior written consent of the CITY and only
Professional Services
1 of 5 PS. Revised 5/14
after the CITY has been provided with written notice of such Change in
Coverage, such notice to be sent to the CITY either by hand delivery to the City
Manager or by certified mail, return receipt requested, and received by the City no
fewer than thirty (30) days prior to the effective date of such Change in Coverage.
Prior to commencing services under this CONTRACT, CONSULTANT shall
furnish CITY with Certificates of Insurance, or formal endorsements as required
by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that
policies providing the required coverage, conditions, and limits required by this
CONTRACT are in full force and effect.
The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, Toss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and shall end one (1) year after the start date.
SECTION III - CONSULTANT'S COMPENSATION
A. Total compensation for the services performed shall be at the rates detailed
on Pearland Animal Hospital's response to RFP #1216-10 and shall not
exceed $40,000 without prior authorization of the Animal Control
Department and must.
B. The CITY shall pay the CONSULTANT based upon required deliverables and
supported by detailed invoices submitted by the CONSULTANT subject to the
following conditions:
Payments shall be made based upon CONSULTANT'S successful completion of
required deliverables and CITY acceptance of same.
C. The CITY shall make any required payment to the CONSULTANT within thirty
(30) days of receipt and approval of a detailed invoice. Invoices shall be
submitted on the basis of completion of identified milestones.
Professional Services 2 of 5 11110/2015
SECTION IV - THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANTS work shall not relieve
CONSULTANTS responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V - TERMINATION
The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 1601 N. Main, Pearland, Texas 77581.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
reports, estimates and any and all other documents or work product generated by
the CONSULTANT under the CONTRACT, entirely or partially completed,
together with all unused materials supplied by the CITY on or before the 15t day
following termination of the CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
Professional Services
3 of 5 11/1012015
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI — ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
Professional Services
4of5 11%10/2015
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 20th day of April 2016.
CIT OF PEARLAND, TEXAS
, PEA
AND ANIMAL HOSPITAL
Professional Services
5 of 11/10/2015
Forms orovided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.645
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
::,t 1
Compete Nos. 1 - 4 and 6 if there are inte•ested parties.
Compete Nos. 1, 2, 3, 5. and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-39875
Date Filed:
04/13/2016
Date Acknowledged:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Pearland Animal Hospital
Pearland TX United States
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Pearland
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
R20:6-58
Veterinary Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT
J` KRISTEN HMT
*4J My CommisOon Expires
tAay 1, 2017
1
1
�e
I swear, or affirm, under penalty of perjury. that the above disclosure is true and correct.
• Z__z'
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn tto-and subscribed before me. by the said
20 �a , to certify which Hftness my hand and
Signature of authorized agent of contracting business entity
\S C( Lc' S�o e \'e , this the \ D (
day of [‘y ` ,
seal of office.
\S'� c Y-1 \1cv \
C, .% __.
i. • :lure of officer administering oath P nted name of officer administering oath
Title of officer administer g r\---•.,i-.17--1
Forms orovided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.645
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 20th day of April 2016.
OF P ARLAND, TEXAS
PEA
AND ANIMAL HOSPITAL
Professional Services 5 of 5
11/10/2015
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.645
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lot
Compete Nos. 1 - 4 and 6 if there are inte•ested parties.
Compete Nos. 1, 2. 3. 5. and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-39875
Date Filed:
04/13/2016
Date Acknowledged:
1
Name of business entity filing form, and the city, state and country
of business.
Pearland Animal Hospital
Pearland TX United States
of the business entity's place
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Pearland
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
R20:6.58
Veterinary Services
4
Name of Interested Party
City, State,
Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFF
DAVIT
JLt ` KRISTEN HMT
My Commission EzpVN
�� May 1, 2017
I
i
I swear or affirm, under penalty of perjury. that the above disclosure is true and correct.
I :'r
L
--Signature
Signature of authorized agent of contracting business entity
r -SSworn
‘c sO ?C Sc @ e T -\e. c , this the , day of 4..-.‘ \
AFFIX NOTARY STAMP / SEA_ ABOVE
to and subscribed before me. by the said
20 L..a . 10 certify which witness my hand and
\INV
seal of office.
1ST C v A TQC t \(�
>
i ture of officer administering oath P nted name of off cer administering oath
Title of officer administer)Ng oatn
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.645
ACO UR
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DO/YYYY)
4/22/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Victory Insu-ance Agency, Inc.
P.O. Box 1890
Pearland TX 77581
INSURED PEARL 10
Pearland Animal Hospital
Veterinary Services of Texas PPLC dba
1601 N. Main St.
Pearland TX 77581
CONTACT
NAMEMichelle Serrell, ACSR
:_
PHONE281-485-7500
(A1C. No. F ■U'
E-MAIL
mserrell@victoryinsurance.com
wnalEss_
PAI 281-485-6933
wc- Net:
INSURER(S) AFFORDING COVERAGE
NAIL 8
MSURER A :RIG - Republic Lloyds
INSURER S :
INSURER C :
INSURER D
INSURER E :
INSURER F :
19607
COVERAGES
CERTIFICATE NUMBER: 100286464
REVISION NUMBER:
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
INSR
LTR
IS TO CERTIFY THAT THE POLICIES
NOTWITHSTANDING ANY REQUIREMENT.
MAY BE ISSUED OR MAY
AND CONDITIONS OF SUCH
OF INSURANCE
PERTAIN,
POLICIES.
ADDL SUBR1
ANBD INV0'
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY PERIOD
TO WHICH THIS
ALL THE TERMS.
TYPE OF INSURANCE -1
-
POLICY NUMBER
POLICY EFF POLICY EXP
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CMP55456603
12/31/2015
12/31/2016
EACH OCCURRENCE 51,000.000
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PREMISAMAGES (Ee occurrence)
1300.000
MED EXP (Any one per$Of)
85.000
PERSONAL & ADV INJURY
81,000,000
GENt AGGREGATE LIMIT APPLIES PER:
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12,000.000
X 1 POLICY o- LOC
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82,000,000
OTHER
8
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AUTOMCBILE
LIABILITY
ANN AUTO
CMP55456603
12/31/2015
12/3112016
COMBINESINGLE LIMIT acc51,000,000
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8
ALL
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81,000,000
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$1,000.000
DED I RETENTION $
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AND EMFLOVERS' UABIUTV
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DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule. may be attached if more space is required)
The General Liability policy contains policy endorsement CGR0290814 that provides automatic additional insured and waiver of subrogation
status to the certificate holder when required by written contract.
CERTIFICATE HOLDER
CANCELLATION
Cityof Pearland, Pearland Animal Control Department
3519 Liberty Drive
Pearland TX 77581
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED RE�ENTATIVE
'j'�/'1Jl`r1
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD