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2011-238 %(+$1$%$1$-"$%.1, 2011238 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ FirstAmendmentKOrdinanceNo.201317407/09/13JR ORDINANCE NO. 2� 11-23g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTR.ACT WITH ANIMAL HOSPITAL ON TEASLEY LANE TO PERFORM VETERINARY SERVICES FOR THE CITY OF DENTON ANIMAL SERVICES DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 4726-ANIMAL SERVICES FOR THE CITY OF DENTON AWARDED TO ANIMAL HOSPITAL ON TEASLEY LANE IN THE ESTIMATED ANNUAL AMOUNT OF $150,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of veterinary services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4726 Animal Hospital on Teasley Lane E�ibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to talce any actions that may be required or permitted to be performed by the City of Denton under the RFP 4726 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. � 2 PASSED AND APPROVED this the �_ day of , 2011. A. BURROU,GH� 1 MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � ��/! I l . , a r d11/L / � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: 3-ORD- 4726 Exhibit A RFP # 4726 Tuesday, October 04, 2011 Animal Services for the Citv of Denton ITEM EST. UOM Type of Product/Service Requested Best andFinal QZ'y, Offer Animal Hospital on Teasley Lane Principal Place of Business nenton, Tx Type of Service Requested unit price 1 1 EA Aull Dog Package as Specified in Scope of Services Section $115.00 Number of Days to Complete Service la 1 EA Female Dog Sterilization Under 50 Ibs. $45.00 Number of Days to Complete Service Ib 1 EA Female Dog Sterilization 50-8D Ibs. $45.00 Number of Days to Complete Service lc 1 EA Female Dog Sterilization Over 80 Ibs. $45.00 Number of Days to Complete Service ld 1 EA Pregnant $45.00 Number of Days to Complete Service le 1 EA Male Dog Sterilization Under 50 Ibs. $45.00 Number of Days to Complete Service lf 1 EA Male Dog Sterilization Over 50 Ibs. $45.00 Number of Days to Complete Service 2 1 EA Dog-Full Shot Package only $25.00 Number of Days to Complete Service 3 1 EA Vaccination- Dog Rabfes Only $5.00 Number of Days to Complete Service 4 1 EA Aull Cat Package as Specified in Scope of Services Section $105.00 Number of Days to Complete Service 4a 1 EA Female Cat Sterilization $45.00 Numher of Days lo Complete Service 4b 1 EA Pregnant $45.00 Number of Days lo Complete Service 4c 1 EA Male Cat Sterilization $45.00 Number of Days to Complete Service 5 1 EA Cat-Rabies Vaccination Only $5.00 Number of Days io Complete Service 6 l EA Cat-Full Shot Package only $25.00 Number of Days to Complete Service '7 Additional Services 7c 1 EA Procedure for demodex and cercoptic mange treatment $50.00 Number of Days to Complete Service 7d 1 EA Treatment and medication for kennel cough $50.00 Number of Days lo Complete Service 7e 1 EA Antibiotics for infection $40.0a Number of Days lo Complete Service 7f 1 EA Packing Ears for Ear Infection $40.00 Number of Days to Complete Service 7g 1 EA Ear Mite Medication and Treatment $10.00 Number of Days to Complete Service Contract # 4726 Animal Services for City of Denton CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND A1vIMAL HOSPITAL ON TEASLEY LANE THIS CONTR.ACT is made and entered into this �� day of d� C• A.D., 2011, by and between Animal Hospital On Teaslev Lane a corporation, whose address is 3517 Teasley Lane Denton, TX 76210, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products or services in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "D". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) City of Denton Contract # 4726 including: (b) General Requirements and Term of Contract (c} Pricing section (d) Scope of Work and Services (e) Payment and Performance Requirements (� Standard Terms and Conditions (g) Contractor pocumentation from Solicitation These documents malce up the Contract documents and what is called for by one sha.il be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: i ,, . � /�,.�� / � �. . t � � � / APPROVED AS TO FORM: . �`s�f ; . �� . . ,: �. � CONTRACTO i i. ' � �� /�_ . .,� � �� / .. - MAILING ADDRESS ��'�'� �'�� PHONE NUMBER �'�"i� � �� /��' �- FAX NU BE BY: � TITLE �� %/11!L�1� �l� � J !� � G �f 1 PRINTED NAME (SEAL) EXHIBIT D Contract # 4726 Term of Contract and General Requirements CITY OF DENTON RFP FOR ANIMAL SERVICES General 1. INTRODUCTION This RFP seeks to provide a program for sterilization and vaccination against rabies of approxunately 500-1500 dogs and cats adopted annually. The program will benefit the health and safety of residents and animals by reducing the stray animal population and provide for the control and mitigation of the rabies virus thus enhaneing the quality of life for the residents and animals of Denton. The Denton Animal Services Center is located at 300 S. Woodrow Lane. It was constructed in 1979 and was expanded in 1986. The facility comprises two buildings totaling 7,000 enclosed square feet of area, providing 45 canine runs and 45 feline cages. In accordance with the provisions of Texas Loca1 Government Code, Chapter 252, The City of Denton �the City) is requesting proposals to contract with an individual or business with considerable experience in providing goods or services of this RFP. -The proposals and the cost solutions sha11 be submitted to the City of Denton in a sealed submission, in accordance with Texas Local Government Code 252.0415 and 252.042. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall ha.ve the ability to accomplish all aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. The City of Denton is exempt fram Federal Excrse and State Sales Tax. A. COMMUNITY PROFILE Denton, Texas is a Main Street City in the North Te�s region. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. Dentan is unique in composition; the city is comprised of over 92 squa.re miles which radiate out in all directions from the downtown core. In addition to the unique physical compositian of the city, there is a unique character to the City. It is comprised of a diversity of neighborhoods and land uses that range from historical residential and commercial districts to new residential subdivisions and industrial complexes to greenbelt areas a.nd newly annexed rural areas. There are several active industries operating within the City limits, including highly disputed gas well drilling, production, and transmission. Denton is home to two state universities, the University of North Texas, and Texas Woman's University, and two regional hospita.ls. The City is traversed by state highways, rail lines, and Interstate 35 E& W. Denton County Transportation Authority (DCTA) operates a passenger rail service tha.t will run from downtown Denton to the City of Carrollton, where passengers may transfer to the Dallas Area Rapid Transit (DART) system and continue travelling by rail within the Metroplex region. The rail service includes two rail sta.tions in Denton. PAGE 10 OF RFP #4726 RespondenYs Initials�w CITY OF DENTON RFP FOR ANIMAL SERVICES B. SACKGROUND The City of Denton has experienced significant growth over the past few years and significant utilization of goods and services to meet the ever growing needs of a vibrant community has driven the need to obtain long term commitments to supply materials and services. The City desires an innovative solution that ensures a successful approach to provide goods and services; and allows for fluid responsiveness to upcoming changes — both anticipated and unforeseen. The use of technological opportunities throughout the service deiivery is encouraged. 2. NIII�TIlVIUM SUSIVIISSION REQUIREMENTS The following muumum requirements must be demonstrated in order for the submission to be eonsidered responsive to the City of Denton. Any proposal received, which is determined to not meet these mandatory requirements shall be immediately disqualified and rejected as non-responsive. • Three (3) years experience providing veterina,ry services • Minimum Requirements-the second bulleted item replace with: Veterinarian practice must be located within a 15 minute driving distance-see attached map. • The Proposing individual or business must be registered by the State of Texas or the County of Denton, to provide any seroices which may be required and the individua.l or business must have all licensure required by the Siate to provide any services required. Certificate of Status — Iss�aed by the Tegas Secre�ary of State A"certificate of status" is a cerhificate issued by the secretary of state that serves as official evidence of an entity's existence or authority to transact business in Texas. A certificate of status provides a statement of an entity's status, as well as the entity's current legal name and date of formation or registration. How do I obtain information about filing with the State of Te�s, or obtai.ning copies or certificates from the Secretary of Sta.te? Webpage: htlp�//www.s�s.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email corpcert(cr�,sos.state,tx.us. See the following State Certificate. + PAGE 11 OF RFP #4726 Respondent's Initials l�w CITY OF DENT�N RFP FOR ANIMAL SERVICES Cerdificate of Account Status - Letter of Good Standing � C .r�'�. TEXAS �MPTROLLER 4F P'l)B41C 1�CCOU1`[T9 SUSAM COMBS • C�MPT[iOLLER • AUSTIfl, TEXAS 7877� 9eptember 7, 2031 CERTIF'ICATE OF ACCQUNT STATUS TE� STATS OF TEXAS COUNT7C OF TRAVIS Page 1 of 1 I, Susan Coaihe, Comptroller of Public Accounte of the State of Texas, DO HERSSY CERTIFY thak according to the recorde of this ofiice ANIlAT� f30$PITILL ON '�ASI,�$X Y.�IZBiir P.C. —' is, aa of this date, in good eCanding with this office having no franchiee tax reporte or payments due at Chie time. ThiB certfficate is valid through the date that the next fsanchise tax report will be due November 15, 2011. Thie certificate doea not make a representation as to the etatus of the entity�s registratian, if any, with the Texae Secretary of State. Thie certificate is valid for the purpoee of conversina when the converted entity is subject ta franchfee tax as required by law. This certificate ia not valid for any othar filing with the Texae Secretaxy of state. GIVSN UNDSR MY HAND AND 5SAL dF OFFICS in the City of Auskin, thie 7th day of September 2011 A.D. //� Susan Combs Texas Comptroller Taxpayer nwnber: 32037042747 File nua�ber: 06010798Z0 Fam os-9o� �Rav, t2-o�rt� httpsJ/ouropa.cpa.state.tx,usJcoalservlebcpa.app.coaCoaLetter 9/7 011 .� � � , CITY �F DENTON RFP FOR ANIMAL SERVICES Certificate of Account Status — Issued by the Texas Comptroller of Public Accounts Infonnation about certificates of account status is available from the State of Texas Comptroller's Office. A Certificate of Account Status is utilized to determine wh�ther a taxable entity doing business in Texas is in good standing with its franchise t� reports and payments. A Certificate of Account Status may be required in order to conduct real estate or financial tran.sactions in Texas. To check existing account status, utilize fihis webpage: htt�s�//ourc�a c�a state.tx.uslcoa/Index.html. See the following Certificate. PAGE 13 OF RFP #4726 Respondent's Initials� °f/ Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 � hp;: �:ea ��.� `�% ., ��?�a� \,:J��, . �°�— Office of the Secretary of State CERTIFICATE OF CONVERSION Hope Andrade Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a filing instrument for Animal Hospital on Teasley Lane, Inc. File Number: 800977096 Converting it to ANIMAL HOSPITAL ON TEASLEY LANE, P.C. File Number: 801079820 has been received in this office and has been found to conform to law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the acceptance and filing of the conversion on the date shown below. Dated: O1/28/2009 EfFective: 01/28/2009 ti � �;�� -�,,� - �� ,� ��,,. �l � �� r�� . �¢�'�n �� '�� ;�� _� �'` { �,,� ,� Hope Andrade Secretary of State Come visif us on the interr2et at http://www.sos.state. tx us/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Lisa Sartin TID: 10340 Document: 244362110002 CITY OF DENTON RFP FOR ANIMAL SERVICES Corporations Sectian P.O.Box 13697 Austin, Texas 78711-369? • �;p-; = >��, \ p� � _i� n, � ^1;� i,, }i,� �.''�v � .`�% � Office of the Secretary of State CERTIFICATE OF FILING OF ANIMAL HOSPITAL �N TEASLEY LANE, P.C. File Number: 801079820 Hope Andrade Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above natned Domestic Professional Corporation has been received in tlus offtce and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of ihe rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated; O1/28/2009 Effective: O1/28/2009 �� Q1� �,� � �� - �}�,� �11-,_ � �� //\\ ��n � n �� Hope Andrade Secretary of State Come visit us on the internet at hftp:/1www.sos.s�ate.(x.vs/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Lisa Sartin TID: 10306 Document: 244434850001 PAGE 14 OF RFP #4726 Res ondenYs Inifials �/ "V p J \Y CITY OF DENTON RFP FOR ANIMAL SERVICES • Veterinarian must be able to pick animals up every weekday and transport the animals to their practice for medical services • Veterinarian must be able to provide the City of Denton an individua.l receipt for each animal that services are provided for (for Grant tracking purposes). In addition, a monthly invoice listing all charges for that time period must be provided no later than 5 days after the end of the month • Must complete Exhibitl Pricing sheet, checklist Attachment J, address all questions in Attachrnent C-Budget and Compliance Questionnaire, and address all Scope of Services items • The respondent shall provide an electronic copy of the vendar's response to this RFP, to ebids�a,cityofdenton.com The fortnat shall be in portable data file (pdfl format. The pricing submittal package shall be submitted in Microsoft Excel format. 3. CONTRACT TERM It is the intention of the City of Denton to award a contract for an initial one (1) year period. The City and the Awarded Contractor shall have the option to renew this contract for two (2) additional one-year periods. Services undertaken pursuant to this RFP will be required to commence within fourteen (14) days of delivery of a Notice to Proceed. The services shall be accomplished per the Scope of Wark and Services as identified in Section II a.nd the Schedule of Events as outlined in Section VI. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically expire one year from award by City Council, with options for renewal for two additional one-year periods. At the sole option of the City of Denton, the Contract may be further e�rtended as needed, not to exceed a tota.l of six (6) months. Renewal Periods: 1St Renewal —1/01/13 —1/O1/14 2nd Renewal —1/O1/14 —1/O1/15 4. PRICING Firm Price Pricing and discounts proposed is firm for the initial one-year period specified in the solicitation. Price decreases are allowed at any time. Price increases shall only be considered as stipulated below in paragraph #5, "PRICE ADJLTSTMENTS". PAGE 15 OF RFP #4726 Respondent's Initials� W CITY OF DENTON RFP FOR ANIMAL SERVICES Price Decreases/Discount Increases Contractors are required to irnrnediately implement any price decrease or discount increase that may become available. The City of Denton must be notified in writing for updating the contract. 5. PRICE ESCALATION Prices quoted for staffing must be firm for a period of one year from date of contract award. Any request for price increase must be based on the Consumer Price Index, Inflation Calculator, or competitive wage adjustment and capped at 5%. Request must be submitted in writing with supporting evidence for need of such increase to the Purchasing Manager at least 90 days prior to January 1 st of each year. Respondent must also provide supporting documentation as justification for the request. Upon receipt of such request, the CPA reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective January lst of the year the request is made or reject the increases within 30 calendar davs after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor inay request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar davs after a determination has been issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton approval and/ar cancellation. The request can be sent by e-mail to: purchasing(�a,citvofdenton.com Or mail to: Or ca11: City of Denton City of Denton Purchasing Attn: Purchasing Manager (94Q) 349-7100 901B Texas Street Denton, Texas 76209 The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. 6. SUBSTITUTIONS Substitutions are not permitted without the written approval of The City of Denton Purchasing Department. 7. DISQUALIFICATIONS Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a solicitation and may result in disquali�cation. Any proposals that do not clearly outline all qua.lifications may be disqualified. PAGE 16 OF RFP #4726 Respondent's Initials w � CITY OF DENTON RFP FOR ANIMAL SERVICES 8. INTELLECTUAL PROPERTY INDEMNg'ICATION The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any action or claim brought against the City of Denton, or its authorized users that is based on a claim that software infringes any patent rights, copyright rights or incorporated misapprapriated trade secrets. Contractor will pay any da.mages attributable to such claim that are awarded against the City of Denton or its authorized users, in a judgment or settlement. If the City of Denton ar its authorized users' utilizatian of the software becomes subject to a claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole expense (1) procure for City of Denton or its authorized users, the right �o continue using such software under the terms of this Contract; or (2) replace ar modify the software so that it is non-infi-inging. 9. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP) Any software, research, reports studies, data, photographs, negatives or ather documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive properiy of the City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, ar ca.ncellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor sha11 not use, willingly allow, or cause to ha.ve such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of ihe City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein sha11 include, but not be limited to, the right to copy, publish, display, transfer, prepare derivativa works, or otherwise use the wozks. A. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD Following the Contract award, ADDITIONAL services or products of the same general category that could l�ave been encompassed in the award of this contract, a.nd that are not already on the contract, may be added. A formal written request may be sent to successful Contractor (s) to provide a proposal on the additional services and sha11 submit proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Fina1 Offer (`BAFO"). The City of Denton may accept or reject a,ny or all pricing proposals, and may issue a sepaxate RFP or IFB for the products after rejecting some or all of the proposals. The commodities and seroices covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request, Coniract changes shall be made in accordance with Local Government Code 252.048 PAGE 17 OF RFP #4726 Respondent's Initials� W CITY OF DENTON RFP FOR ANIMAL SERVICES 10. COOPERATIVE PURCHASING / PIGGYSACK OPTION- Not Applicable 11. QUANTITIES The quantities indicated on the Pricing Sheet (E�ibit 1) are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the prices. Individual purchase orders will be issued on an as needed basis. 12. PRODUCT CHANGES DURIl�TG CON'I'RACT T�RM The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product, must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to purchasing�a,citvofdenton.com with the RFP number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be retumed at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. PAGE 18 OF RFP #4726 Respondent's Initials��"L/ Contract # 4726 Pricing RFP # 4726 Tuesday, October 04, 2011 Animal Services for the City of Denton TTEM E�T TJOM � Type.of Pr.oduct/�ervice Requested 'Vendor Best and Fiizal Q`I'Y Offer Pricin Animal Hospital on Teasley Lane 24-Oct-11 Principal Place of Business Denton, TX Type of Service Requested unit Price unit Price 1 1 EA Full Dog Package as Specified in Scope of Services Section $120.00 $115.00 A Number of Days to Compiete Service j la 1 EA Female Dog Sterilization Under 50 Ibs. $50.00 $45.00 Number of Days to Complete Service 1 lb 1 EA Female Dog Sterilization 50-80 Ibs. $54.00 $45.00 Number of Days to Complete Service 1 lc 1 EA Female Dog Sterilization Over 80 Ibs. $50.00 $45.00 Number of Days to Complete Service 1 ld 1 EA Pregnant $50.00 $45.00 Number of Days to Complete Service 1 le 1 EA Male Dog Sterilization Under 50 Ibs. $50.00 $45.00 Number of Days to Complete Service 1 lf 1 EA Male Dog Sterilization Over 50 Ibs. $50.00 $45.00 Number of Days to Complete Service 1 2 1 EA Dog-Full Shot Package only $25.00 $Z5.00 Number of Days to Complete Service 1 3 1 EA Vaccination- Dog Rabies Only $5.00 $5.00 Number of Days to Complete Service j 4 1 EA Full Cat Package as Specified in Scope of 5ervices Section $110.00 $105.00 A Number of Days to Complete 5ervice 1 4a 1 EA Female Cat 5terilization $50.00 $45.00 Number of Days to Complete Service 1 4b 1 EA Pregnant $50.00 $45.00 Number of Days to Complete Service 1 4c 1 EA Male Cat Sterilization $50.00 $45.00 EST. ' ` '` ' ' : Best and Final ITEM UOM Type of Product/Service Requested Vendor QTY. .;: . Offer Pricin Animal Hospital on Teasley Lane 24-Oct-11 Principal Place of Business Denton, TX Number of Days to Complete Service 1 5 1 EA Cat-Rabies Vaccination Only $5.00 $5.00 Number of Days to Complete Service 1 6 1 EA Cat-Full Shot Package only $25.00 $25.00 Number of Days to Complete Service 1 7 Additional Services 7c 1 EA Procedure for demodex and cercoptic mange treatment $50.00 $50.00 Number of Days to Complete Service j 7d 1 EA Treatment and medication for kennel cough $50.00 $50.00 Number of Days to Complete Service 1 7e 1 EA Antibiotics for infection $40.00 $40.00 Number of Days to Complete Service 1 7f 1 EA Packing Ears for Ear Infection $40.00 $40.00 Number of Days to Complete Service 1 7g 1 EA Ear Mite Medication and Treatment $10.00 $10.00 Number of Days to Complete Service 1 Comments: Exhibit 2 Tab 2- Expedited Payment Discounts Payment Term Discounts � � ;,. .�. 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% EXI'III�It 1 Proposer's Name: Wright, DVM RFP 4726 Pricing Sheet for Animal Services for City of Denton The respondent shal! complete the following section, which directly corresponds to Section ll - Scope of Services, and Section V, Payment and Performance Reauirements. The contractor sha!! not make chanqes to this format. NUMBER OF ITEM EST. ANN. UOM Type of Service Requested DAYS TO QTY. COMPLETE SERVICE UNIT PRICE TOTAL AMOUNT 1 Full Dog Package as Specificed in Scope of Services � $120.00 $120.00 1 a 250 EA Female Dog Sterilization Under 50 Ibs. � $50.00 $12,500.00 1b 270 EA Female Dog Sterilization 50-80 Ibs. � $50.00 $13,500.00 1c 100 EA Female Dog Sterilization Over 80 Ibs. � $50.00 $5,000.00 1 d 100 EA Pregnant � $50.00 $5,000.00 1e 180 EA Male Dog Sterilization Under 50 Ibs. � $50.00 $9,000.00 1f 250 EA Male Dog Sterilization Over 50 Ibs. 1 $50.00 $12,500.00 2 1050 EA Dog-Full Shot Package � $25.00 $26,250.00 3 300 EA Vaccination- Dog Rabies Only � $5.00 $1,500.00 4 Full Cat Package as Specificed in Scope of Services � $110.00 $110.00 4a 332 EA Female Cat Sterilization � $50.00 $16,600.00 4b 270 EA Pregnant � $50.00 $13,500.00 4c 316 EA Male Cat Sterilization � $50.00 $15,800.00 5 200 EA Cat-Rabies Vaccination Only 1 $5.00 $1,000.00 Exhibit 1 Proposer's Name: Wright, DVM RFP 4726 Pricing Sheet for Animal Services for City of Denton The respondent sha!! complete the following section, which directly corresponds to Section !I - Scope of Services, and Section V, Payment and Performance RanuirPmPnfis. The cnntrar.tor shall nDt make Ch0ll[7e5 t0 thlS fOff770t. NUMBER OF EST. ANN. DAYS TO ITEM QTY UOM Type of Service Requested COMPLETE SERVICE UNIT PRICE TOTAL AMOUNT 6 648 EA Cat-Full Shot Package � $25.00 $16,200.00 7 Additional Services 7a 300 EA Procedure for demodex and cercoptic mange treatment $50.00 $15,000.00 7b 300 EA Treatment and medicatin for kennel cough $50.00 $15,000.00 7c 150 EA Antibiotics for infection $40.00 $6,000.00 7d 100 EA Packing Ears for Ear Infection $40.00 $4,000.00 7e 100 EA Ear Mite Medication and Treatment $10.00 $1,000.00 TOTAL ESTIMATED ANNUAL CONTRACT PRICE I $189,580.00 PRICES SHALL INCLUDE PICKUP AND TRANSPORT OF ANIMAL TO VETERINARY CLINIC Exhibit 1 Ci�jj'of` Denton � RFP �l0 4i26 Anrmal _Seruices for, City of Denfion ^ ;; � ti,�., . , � .. , . � . . Tab 2- Expedited Payment Discounts Please provide the payment discounts below you may be able to pass on to benefit The State. Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is paid within the time period indicated below. Contract # 4726 Scope of Work and Services CITY OF DENTON RFP FOR ANIMAL SERVICES Section II Scope of Work and Services 1. SCOPE O�' WORK AND SERVICES The scope of work shall be finalized upon the selection of the Firm. The proposal subrnission shall have accurately described your understanding of the objectives and scope of the requested products and services and provided an outline of your process to implement the requirements of the Scope of Work and Services. It is anticipated that the scope proposal submission will include, at a minimum, the following: A. TECHNICAL RESPONSIBILITIES AND ItEQiTIltEMENTS A. The City is seeking an independent contractor to provide the City with the following: 1. Iuipleinent and maintain an independent sterilization, rabies andlor full series of shots vaccination program including the following services: Dog Package � Spay or Neuter • Rabies Vaccination (if too young-appointment to reiurn for vaccination) • Bordatella • DHLPP • First treatment for fleas and ticks • First Month Heartworm Preventative • First Treatment for Tape Worms, Hook worms, and Round worms • Pre-Surgical pain medication • Microchip • Parvo Virus Test (when applicable-this should be done prior to the other medical wark if the veterinarian believes the animal may be sick) Cat Package • Spay or Neuter • Rabies Vaccination, FVCRPP and FELV (if too young-appointment to return for vaccination). • FDRT • First treatment for fleas and ticks • First Treatment for Ta�e Worms, Hook worms, and Round worms • Treatment for Ear Mites � Micro Chip PAGE 19 OF RFP #4726 Respondent's Initials�(�w CITY OF DENTON RFP FOR ANIMAL SERVICES A list of other serv�ices that may be requested include but are not limited to tlie following: • Procedure for demodex and sarcoptic mange treatment and medication for Kennel cough: • Antibiotics for infection � Packing ears for ear infection • Ear Mite Medication and treatment 2. Identify the method and procedures for operating an independent sterilization and rabies vaccination program. Specifically the contractor shall sta.te their methodology or procedures related to: a. scheduling appointments and pre-surgery instructions : Call 24 haurs in advance, withhold food and water after 6 PM prior to day of surgery b. pre-surgical physical exaininations to determine surgical qualification: Pet will receive a physical exam by the veterinarian, including pre surgical temperature, heart rate, and other vitals. c. administering pre-surgery anesthetics: According to the weight of the patient, pre-surgery analgesics will be administered d. surgical techniques: Standard sterile operating room and equipment will be employed e. post-operative recovery care and monitoring: All pets �vill be inonitored post-surgically until full reco��ery f. providing post-operative pain medication: Post-op pain meds adtninistered according to animals weight g. animal discharge care/complication instructions: A written instruction sheet will be provided for each patient including iminediate post-op care, feeding instructions and all pertinent information h. post-surgical inquires and/or complications related to sterilization surgery: The professional staff will be available to answer questions or provide any care post operatively related to steriliza.tion surgery de t's Initials "� PaGE 20 OF RFP #4726 Respon n �l. CITY OF DENTON RFP FOR ANIMAL SERVICES i. controlled drug control, inventory and record keeping: Aniinal Hospital on Teasley Lane complies with all state and federal regulations regarding the control, inventory and record keeping required by local, state and federal authorities. 3. Identify what additional testing services are provided. E.g. FeLV, FIV, Heartworm, Fecal, etc. All of the above listed services are provided in house at Animal Hospital on Teasley Lane upon request. 4. Identify what additional medical services are provided that may impact the sterilization of the animal. E.g. Umbilical hernias, neutering of male dogs and cats afflicted with Cryptorchidism, pregnant females, etc. At time of sterilization a11 of the identified conditions can be repaired at Animal Hospital on Teasley Lane 5. Identify the minirnum sterilization age of an animal The minimum sterilization age of an animal isl month of age. 6. Identify what responsibilities, if any, the City will have in providing staffing assistance, supplies, materials, equipment, or space requirements required for the consultant to perform the identified services None 7. Identify available financial resources and references that indicate consultants capability of performing services Northstar Bank af Denton can provide a letter of credit if needed. See attached financial statement for 2010. See attached Financial Statement after Attachment K. 8. Provide an invoice for services identifying the City animal identification number, type of inedical procedures performed and the rabies certificate number Ani_mal Hospital on Teasley Lane ��vili provide invoices wi�h all required infonnation as listed under section IIA. S of RFP #4726. 9. Provide the number of dog and cat deaths by causes (e.g., anesthetic, hemorrhage, anaphylactic, etc....) Animal Hospital on Teasley Lane will provide all infonnation as required under section IIA.9 of RFP. PAGE 21 OF RFP #4726 Respondent's Initials�� "� CITY OF DENTON RFP FOR ANIMAL SERVICES 10. Provide statistics related to the number of dogs and cats sterilized and vaccinated for rabies Animal Hospital on Teasley Lane wi11 provide all information as required under section IIA.10 of RFP. 11. Provide transportation from shelter to clinic. Pickup must be performed no later than the ne�t workday after notification from Animal Services staff. Aniinal Hospital on Teasley Lane will provide transportation far a11 pets needing surgical / medical attention under this cantract to and froin Aniinal Services ta AHTL as per requirements under section IIA.1 l. 12. Included in the scope of services should be a descriptive staxement dealing with the stability and experience of staff and skill level of requireinents for any staff replacements The professional veterinary staff is Dr. Wright and Dr. Epstein. Dr. Wright has owned and operated Animal Hospital on Teasley Lane since August, 2000 and Dr. Epstein warked as a technician for 6 years at Animal Hospital on Teasley Lane before earning her DVM degree and has been a full time einployee as a DVM for 3 years. Any individual who may be retained by Animal Hospital to spay or neuter animals for Denton Animal Services will have a DVM degree and a license to practice in the state of Texas. Other staff inembers at Animai Hospital on Teasley Lane include office manager Sarah George who has been on the staff for 8 years, Beatrice Sauremnann, CVA who is the primary surgical and medical assista.nt and has been for the last 7 years. There are 7 other technical assistants whose empioyee status ranges from 1 to 4 years. 13. Clarify it is your intent to have a doctor in place after surgery to determine complications, and offer post-operative care: There will always be a veterinarian in place to provide treahnent for coinplications and post-operative care for animals identified in this contract. 14. Contractor shall provide an a.nnual report within iifteen days after the end of the calendar year which includes the number of cats and dogs sterilized (by age group as specified by the City of Denton), number of animals treated for parvo virus, and number of animals treaied for kennel cough. Animal Hospital on Teasley Lane will comply with all items required in this section and all other sections of RFP 4726. PAGE 22 OF RFP #4726 RespondenYs Initials�� VV CITY OF DENTON RFP FOR ANIMAL SERVICES B. Working Paper and Rabies Vaccination Certificate Retention and Access to Working Papers and Rabies Certificates L All working papers or medical reports must be retained at the contractor's expense. In accordance with Section 169.29 (c) of the Texas Administrative Cade Tit1e 2S Part 1. 2. A copy of each rabies vaccination certificate shall be reta.ined and readily retrievable for a period of not less than five years from the date of issua.nce. 3. The contractor will be required to make working papers or medical reports available to the city upon request. C. Full Shot Package: The full shot package is identified as in additian to the Rabies vaccination: Dog- DHLPP and Bordatella Cat Package: Full Shot Package for Cat FVCRPP and FELV B. GENERAL RESPONSIBILITIES AND REQUIltEMENTS l. Prior to commencement of the services, the Ciiy and selected individual or business will conduct an initial meeting to review the overall scope, schedule, deliverables and planning process to implement a successful program. 2. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. 3. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate e�ensive staff assistance during service delivery. 4. Adopted animal is considered properiy of the City of Denton until recovered from anesthesia and released to the new owner 5. No animal shall be released to the new owner until full recovery fram surgical anesthesia without complications. 6. Rabies shots will be prepaid as part of the adoption process, and administered when the animal reaches the appropriate age. 7. City of Denton reserves the right to visit the service provider's facility as part of the selection process and at any normal business hour during the contract period(s). PAGE 23 OF RFP #4726 Respondent's Initials� � CITY OF DENTON RFP FOR ANIMAL SERVICES 8. The contractor will be responsible for the transportation of the animal before the services are performed. The adopter will not be allowed to take possession of the animal until ihe sterilization/vaccination services are completed. 9. The adopter must pick up the animal from the service provider following the services. Warranties The contractor shall provide a warranty that is standard in the indusixy. Safety and Environmental Hazards The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards may exist with the treatment of animals. The Contractor shall be responsible for ident'rfying any hazardous conditions and notifying the City of these conditions in writing no later than 30 days after contract awaxd. All. contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards sha11 immediately be reported and all safety precautions shall be taken to prevent potential safety issues from occurring. Contractor Standards of Performance Monthly Time Standards - Contractors shall fully understand that the City relies on the performance of this contract to provide vital municipal services. With this in mind, the Contractor shall ineet the followin.g performance standards at all times. Labor disputes, strikes, and other events, except those beyond the Contractor's control such as acts of God, shall not relieve the Contractor from meeting these standards. The Contractor must ensure the given level of service is achieved, within the designated number of working hours provided in the pricing sheet. Contractor sha11 deliver services within specified delivery times for 95% of all orders. B. ANT'ICIPATED PROBLEMS AND PROPOSED SOLUTIONS Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude, addressing any anticipated problems and offer proposed solutions to those problems. Animal Hospital on Teasley Lane has no previous experience in this type of public project. Animal Hospital on Teasley Lane does not anticipate any problems in fulfilling the requirements as outlined in RFP 4726. PAGE 24 OF RFP #4726 Res ondenYs Initials W P �/ CITY OF DENTON RFP F�R ANIMAL SERVICES C. RELEVANT EXPERIENCE AND CAFASILITIES The responding individual or business shall provide pertinent information about the indi�idual or business and related experience(s) with the requested products or services. Indicate wha.t resources the individua.l or business will have available to allocate to the project. The respondent must currently be licensed to perform work in the State of Texas. A copy of current licensing must be included in your proposal. Relevant experiences and capabilities of the individual or busiuess team members and team as a whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience in communities of comparable size, and credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: Copies af all licenses held by staff inembers of Animal Hospital on Teasley Lane are provided in this response to fulfill the requireinents for the awarding of the contract de�ned by RF� 4726. The doctors and staff of Aiumal Hospital on Teasley Lane have provided low cost rnedical and surgical services to over 140 rescue groups located in the Denton and North Texas area over the last 10 years. FIRMS ORGANIZATION Name and Address of the Individual or Business a. General overview of the Business Animal Hospital on Teasley Ln., P.C. 3517 Teasley Lane Denton, TX 76210 b. Business Pro�le(s), including: i. Type of Bu�siness (limited pa.rinership, corporation, eta) Professio�zal corparation ii. Business History and Age Animal Hospital on Teasley Lane was opened on August 28, 2000 and has been in business in Denton far 11 years. iii. Business Size (including number in each required discipline) Animal Hospital on Teasley Lane supports 2 licensed veterinarians and 9 lay employees. PAGE 25 OF RFP #4726 RespondenYs Initiais� � CITY OF DENTON RFP FOR ANIMAL SERVICES iv. Areas of special concentration Small animals only v. Telephone number and fax number Phone: 940/382-6939; Fa�:: 940/591-1495 Relevant prior experience information to include: a. Entity Name and Location b. Service description with specif'ic descriptions of responsibalities, successes and failures related to the project. Include website URLs for any service projects for which they are available. c. Name and contact information for the project manager or other key contact with the entity contracting these services. d. List of municipal and private client referemces for relevant projects with contact names and telephone numbers e. Past experience on similar and relevant projects. f. Details of any awards received. Project Understanding: Sriefly describe your understanding of the requested services, important issues, and City requirements. Animal Hospital on Teasley Lane understands the need far Denton Animal Services to place pets in responsible homes as much as possible to avoid euthanasia. It is Animal Hospital on Teasley Lanes goal to provide spay, neuter, vaccinations, parasite contral and other medicaUsurgical services appropriate for these animals. It is the goal of Aniinal Hospital on Teasley Lane that citizens who adopt pets from Denton Animal Services will have a positive experienee with both Denton Animal Services and Animal Hospital on Teasley Lane. Relevant Experience: The Respondent shall have the following minimum egperience and demonstrate compliance with the following requirements: (Firms which have not detailed their experience as listed below shall be considered nonresponsive). PAGE 26 OF_ RFP #4726 Respondent's Initials�� CITY OF DENTON RFP FOR ANIMAL SERVICES a. Include three (3) examples of past work that ha.s been successfully implemented or services provided. The doctors and staff have provided: 1. Vaccination and sterilization services for many rescue groups and for Denton Animal Services for over 10 years now. 2. Three groups we have done spays, neuters and vaccinations for include Texas Great Pyrenees Rescue, Texas Husky Rescue, and Legacy Boxer Rescue. b. Three (3) years experience with similar services, provide a description. The doctors and staff of Animal Hospital on Teasley Lane have provided low cost medical and surgical services to over 140 rescue groups located in the Denton and North Texas area over the last 10 years. c. A standard license or certification, if applicable. See licenses beiund Addendums 1 and 2 and Certificates after Attachinent K. d. The individual or business must be registered by the State of Texas or the County of Denton as a business and the must have all licensure required by the State to provide any services. Animal Hospita.l on Teasley Lane is registered as a Professional Corporation in the State of Texas and all veterinarians associated with Animal Hospital on Teasley Lane are currently licensed to practice veterinary medicine in the State of Texas. e. The individual or business must disclose any business relaiionsb.ip that would have an effect, of a conflict of interest. A conflict of interesi statement must be signed as part of the contract negotiated with the awa.rdee(s). None Respondent shall detail any and all relevant history of litagation involving public projects. Neither Animal Hospital on Teasley Lane nor any staff inember has been in�olved in any Iitigation involving public or private projects. PAGE 27 OF RFP #4726 Res ondent's Initials (i"� P CITY OF DENTON RFP FOR ANIMAL SERVICES Respondent shall detail any and all exceptions within the proposal response. Animal Hospital on Teasley Lane has no exceptions to the proposal RFP 4726. D. REFERENCES Respondent shall provide references including contact names, e-mail addresses and current, correct phone numbers of Firms or public entities for which you have performed similar professional services. Respondent shall complete Atta.clunent F — References. E. INSUItANCE Respondent sha11 provide, upon award, a certificate of insurance evidencing their insurance coverage's and amounts per Insurance and Workers' Compensation Requirements - Attachment A. Animal Hospital on Teasley Lane is prepared to provide this informaiion upon award of the contract for RFP 4726. L CONTRACTS The signed acknowledgement (Attachment K), any negotiated exceptions, and the award letter/notice to proceed shall serve as the execution of a contract for services for RFP 4726. Aniinal Hospital on Teasley Lane is prepared to accept the requirements outlzned in RFP 4726 without exceptions. PAGE 28 OF RFP #4726 Resp�ndent's Initials�l� � Contract # 4726 Payment and Performance Requirements CITY OF DENTON RFP FOR ANIMAL SERVICES SECTION III Payment and Performance Requiremenis V. PAYMENT AND INVOICES: All proposals shall specify terms and conditions of payment, which will be considered as part of, but not control, the award af proposals. City review, inspection, and processing procedures ordinarily require thiriy (30) days after receipt of invoice, materials, or services. Proposals which call for payment before thirty (30} days from receipt of invoice, or cash d.iscounts given on such payment, wi11 be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully dacumented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Nuanber in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Upon contract award, suppliers are encouraged to receive payments through direct deposit. Additional information regarding direct deposit pa.yments is available at www.dentonpurchasin .g com VL TAX EXEMPTION: The City of Denton qualifies for sales tax examption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may puxchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. PAGE 29 OF RFP #4726 Respondent's Initials� w CITY OF DENTON RFP FOR ANIMAL SERVICES SECTION IV Submittal Information VIII. SCHEDULE OF EVENTS: � ►� The City of Denton reserves the right to change �he da.tes indicated below: Solicitation Schedule: Issue RFP: Deadline for Submission of Questions Deadline for Subinission of Proposal: Evaluate and rank initial results: Completion of Negotiations: Of�icial Award: 9/6/2011 9/20/2011 at 2:00 PM Central Time 10/4/2011 at 2:00 PM Central Time 10/14/2011 10/2�/2011 12/06/2011 The City of Denton is using the RFP `Issue Date' as noted in the Schedule of Events above as the official 30 day notification requireinent for an interview with a fu�rn. PRE-SUSMITTAL CONFERENCE: Not applicable SUSNIISSION REQUiREMENTS The respondent shall provide an elecironic copy of the venclor's response to this R�`P, to ebids�a);citvofdenton com The format sha.11 be in portable data file (pd fl format. The pricing submittal package shall be submitted in Microsoft Egcel forma� The City of Denton shall accept written Proposals by the due date. All proposers shall submit one original copy signed by an off'icer authorized to bind the company, and 2 copies of the completed RFP response in a sealed envelope. RFP responses may be hand delivered (by Firm or express courier) to the address listed below. Where responses are sent by mail or courier, the responsibility of timely delivery is the respondent's. Pages should be numbered and contain an organized, paginated table of contents corresponding to the section and page of the submittal. Appendices may be used for general Firm information and resumes. The RFP response shall be no more than 100 pages in length. All submittals, whether mailed or delivered by courier shall be sent to and received no later than 2:00 p.m., Central Time bv the response due date to the following address: City�of Denton �ttention: Elton D. Brock, MBA, CTPM, CTCM, C.P.M. Purchasing and Materials Manager 901B Texas Street, Denton, TX ?6209 940-349-7100 PAGE 30 OF RFP #4726 d t's Initials � "� Respon en � � ,�� I CITY OF DENTON RFP FOR ANIMAL SERVICES Any proposal received after the date and/or hour set for proposal opening will be returned unopened. The City of Denton reserves the right to accept or reject in part or in whole any proposals submitted, and to waive technicalities of the submission, in the best interest of obtaining best value for the City. Submitted proposals shall remain in effect for a(90) ninety day period after due date, or until award is executed. Submittals shall include on the envelope and cover sheet the RFP number and name. PROPOSERS COST TO DEVELOP SUBNIITTAL: Respondents to this RFP are responsible for all costs of submitta.l preparation, delivery and any oral presenta.tions required as part of the selection process. All materials submitted in response to the RFP become property of the City of Denton and will be returned only at the option of the City. NII1�IIMITM RESPONSE: Submitta.ls that do not, at a minimlun, contain the information as specified under Section I.2 Minimum Submission Requirements, Section II. Scope of Work and Services, E�iibit 1 Pricing Sheet, and Attachment C, Budget and Compliance Questionnaire will be subject ta disqualification at the sole discretion of ihe City of Denton. If any Firm submitting a Proposal is a corporation, it must be registered to conduct business in the Sta.te of Texas. Proof of this registration must be included as part of the submittal. �IIII. REJECTION OF SUBMIT�TAL: ANY PRUPOSAL SUBMITTED AFTER THE DUE DATE AND TIlVIE SPECIFIED RfiI'HIN SECTION V�, SHALL BE REJECTED. THE CITY SHALL REJECT PROPOSALS SUBNIlTTED BY FIRMS THAT DO NOT MEET AIINIMUIVI QUALIFICAT'IONS. The City of Denton reserves the right to reject any and all subrnittals received in response to the RFP and to waive any minor technicalities or irregularities as determined to be in the best interest of the City. X1V. PROPRIETARY INFORMATION: If a Proposer does not desire propnietary information in the Proposal to be disclosed, the Proposer shall identify all proprietary information in the Proposal. This identification will be accomplished by individually marking each page or line item detail with the wards "Proprietary Information". If the Proposer fails to identify proprietary information, the Proposer agrees that by submission of its Proposal, that those sections shall be deemed non-proprieta.ry and made available upon public request. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of all Proposals. Proposer shall consider the implications of the Texas Public Information Act, particularly after the RFP process has ceased and the Contract ha.s been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Proposer can meet certain evidentiary standards, please be advised that a , /�W Respondent s Inifials�l� PAGE 31 OF RFP #4726 CITY OF DENTON RFP FOR ANIMAL SERVICES determination on whether those standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the State of Te�cas. In the event a request for public information is made, the City will notify the Proposer, who may then request an opinion from the Attomey General pursuant to 552.305, Texas Government Code. The City will not make a request of ihe Attorney General. XV. NON-ENDORSEMENT: If a Proposal is accepted, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the successful Proposer's services. XVI. UNAUTHORIZED COMMUNICATIONS: After release of this solicitation, Proposer contact regarding this RFP with members of the RFP evaluation, interview or seleciion panels, employees of the City or officials of the City other than the Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representa.tive of the Proposer shall have any contact or discussion, verbal or written, with any members of the City Council, members of the RFP evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any Proposer violates the foregoing prohibition by contacting any of the above listed parties with who contact is not authorized, such contact may result in the Proposer being disqualified from the procurement process. Any oral communications are considered unofficial and non- binding with regard to tiv.s RFP. XVII. ADDENDiTMS Proposers are required to submit signed addendum acknowledgement(s) with their proposal. Proposers will be responsible for monitoring the City of Denton Purchasing Website at: http://www.cityofdenton.cou�/index.aspx?page=397 to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. XVIII. CONTACT BETWEEN PR�POSER AND THE CITY OF DENTON Respondents shall direct all inquiries and communications concerning this RFP to the Point of Conta.ct(s) listed below: City of Denton Procurement Point of Contact: Elton D. Brock Purchasing Manager 9�1-B Texas Street Denton, TX 76209 (940) 349-7100 Fax: (940} 349-7302 elton.brock(c�,cityofdenton. com v �PAGE 32 OF RFP #4726 RespondenYs Initials,�� Contract # 4726 Standard Terms and Conditions CITY OF DENTON RFP FOR ANIMAL SERVICES SECTION VI Citv of Denton Standard Purchase Terms and Conditions These sta.ndard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicita#ion are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer a.nd the Seller herein a.fter referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms aud Conditions contained in the Sellers Proposal response, Invoice or Statement shall serve to moolify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting au Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the following terms a.ud cond.itions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Salicitation to purchase Goods, and Sections 9, 10, 11 an.d 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights-of-way. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide a11 deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract aud all applicable Federal, State, and locallaws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Confiract shall be effective as of the date the conteact is signed by the City, and shall continue in. effect until all obligations are performed in accordance with the Conlract. 3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping eontainer shall be clearly and permanenfly marked as follows: (a) The Contractor's name and address, (b) the City's name, a.ddress and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the num.ber of the contai.ner bearing the paclang list. The Contractor sha11 bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight sha11 be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT iJNDER RESERVATION PROHISITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5, TTTLE & RISI� OF LOSS: Tit1e to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERM5 AND TRANSPORTATION CI�ARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Tenns and Conditions. Unless otherwise stated in the Offer, the Coniractor's price shall be deemed to include all delivery and PAGE 37 OF RFP #4726 RespondenYs Initials� �V CITY OF DENTON RFP FOR ANIMAL SERVICES iransportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTI�N AND REJECTION: The City expressly reserves a11 rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, preinises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspectian. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quan.tity. Any non- complying tender sha11 constiiute a breach and the Contractor shall not have the right to substitute a confonniug tender; provided, where the tnne for performance has not yet expired, the Contractor may notify the City of the intention to cu.re and may then make a conforming tender within the t'vne allotted in the contract. 9. PLACE AND CONDITION OF W�RK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient mann.er, in accordance with and subject to the applicable security Iaws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the natwe of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or sta.te of fact which could in any way affect performance of the Contractor's obligati.ons under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for da.mages of any kind or nature if the actual site ar service condirions differ from expected conditions. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or respondang to a solicitation or while in the course and scope of delivering goods or services under a City of Denton coniract or on the City's properiy , i. use or possess a fireann, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic oz other intoxicating beverages, illegal drugs or controlled substances, nor may s�tch workers be intoxicated, or under the i.nfluence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol ar drugs on the job, the Conlractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. ImmigraHon: The Conlractor represents and warrants that it shall comply with the requirements of the Imuugration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Iinmigration Reform and Im�nigrant Responsibility Act of 1996 ("IIltIRA) enacted on September 30, 1996. 11. COMPLTANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, sha11 comply fiilly with all applicable PAGE 38 OF RFP #4726 Respondent's Initials�V V CITY OF DENTON RFP FOR ANIMAL SERVICES federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the perfoiYnance of the seivices, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govem. The Contractor shall inde�rnifv and hold the City harmless froin and agai_ust all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in. compliance with all applicable stan.dards, orders, or regulations issued pursuant to the inandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Conirol Act, as amended, (33 U.S.C. .§ 1251 et seq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase orcDer or delivery order n�amber and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, sha11 be Iisted separately. A copy of the bill of lading and the freight waybill, when applicable, sha11 be attached to the invoice. The Contr�actor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless vtherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hovrs at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or Ciiy sales ta�ces must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A, All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, wluchever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Govern�ment Code Secfion 2251.025 or the maacimum lawful rate; egcept, if pay�ent is not timely made for a reason for which the City may withhold payment Lereunder, interest shall not accrue until ten (10) calendar days after the grounds far withholding payment have been resolved. C. If parkial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set offthe entire payinent or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conform.i.ng deliverables by the Contractor; u. third party clai.ms, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such cla.i.ms; iu. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the properiy of the City ar fihe City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; PAGE 39 OF RFP #4726 Respondent's Initials,�w CITY OF DENTON RFP FOR ANIMAL SERVICES v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated datnages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vu. failure of the Conlractor to comply with an.y material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent ta�ces, the City may offset indebtedness owed the City through payvient withholding. F. Payment will be made by check unless the pazties mutually agree to payment by credit card ar electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments ma.de by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of fundi.ng. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reducrion of any Appropriation to an aulount insufficient to permit the City to pay its obligations under the Coniract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem. expenses in connection with the Contract shall be paid by the Conlractor, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan. is agreed to and the Contractor has identified Subcontractors, the Contractor is requ.ired to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Fina1 payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B, The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arisin.g from defective work appearing after final inspection, (3) arising froin failure of the Conlractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and u. a waiver of all claims by the Contractor agai.nst the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQiTIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Coniractor for the purpose of filling this order, such special tooling equipment an.d any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records an.d computations pertain%ng to the Contract. The Contractor shall retain such books, records, documents and other evidence pertainiug to the Contract period and five years thereafter, except if an audit is in progress or audit findi.ngs are yet unresolved, in which case records shall be kept until a11 audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business PAGE 40 OF RFP #4726 Responderrt's Initials.�i!"" CITY OF DENTON RFP F�R ANIMAL SERVICES days of written request. Furth.er, the Contractor shall also require all Subconiractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertai.ning to the Contract, and to allow the City similar access io those docwnents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the tenns "books", "records", "documents" and "other evidence", as used above, sha11 be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed docuinent. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/Iv�E/WBE agreed to Plan, the Contractar shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Coniractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing, No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or reinedies of tlie City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to sabmit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Cantractor and Snbcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specificadons and terms of the Contract; u. prohibit the Subcontractor from fiu�ther subcontracting any portion of the Contract without the prior written consent of the City and ihe Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the tei7ns of the Contract; iv. require thaf all Subcontractors obtain and maintain, tlu�aughoui the terin of their contract, insurance in the type and amounts specified for the Contractor, with the Gity being a named insured as its interest shall appear; and v. require that the Subcontractor indeuu�i.fy and hold the City harmless to the same extent as the Contractor is required to indemuify the City. C. The Contractor shall be fully responsible to the City for all acts and oinissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create a.ny obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor e�ccept as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of paym.ents made to the Contractor not later than ten (10) calendar days after receipt ofpayment from the City. 19. WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer aze no higher than the Conlractor's current prices on orders by others far like deliverables under similar terms of purchase. e Ys In'tials v'� PAGE 41 OF RFP #4726 Respond n i �i CITY OF DENTON RFP FOR ANIMAL SERVICES B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communicarion, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other fum or with any campetitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amoutits paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20. WAR1tANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables fi�rnished under the Contract, an.d that the deliverables are free and clear of all liens, clai.ms, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Coniractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, worlananship or mnanufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples fiunished by tha Contractor, to the terms, covenants and conditions of the Conhact, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables sha11 be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Conhact, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Confiractor shall prompdy upon receipt of demand either repair the non-conforming deliverables, or replace the nou-confoiining deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be bome exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within tivrty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not i.mpair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, aud purchase confonning deliverables from other sources. In such event, the Contractor shall pay to the Ciiy npon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a sepazate manufacturer's warranty, the Conh actor shall transfer and assign such manufacturer's warraniy to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with th.e City to the fullest �tent to enforce such mauufactu.rer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and worlananlike manuer in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applieable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing wananty or any warranty.implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contr•actor shall promptly upon receipt of demand perform the services again in accorda.nce with above PAGE 42 OF RFP.#4726 Respondent's Initiafs�� W CITY OF DENTON RFP FOR ANIMAL SERVICES standard at no additional cost to fihe City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thiriy (30) calendar days of discovery of the breaeh warranty, but failure to give tunely notice shall not impair the City's rights under tbis section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase confoiming services from other sources. In such event, the Contractor shall pay to the City upou demand the increased cost, if any, incurred by the City to procure such services from anoiher source. 23. ACCEPTANCE OF INCOMPLETE OR NON-CONrORNIING DELIVERABLES: If, instead of requiring unmediate correction or removal and replace�nent of defective or non-conforining deliverables, the City prefers to accept it, the City may do so. The Conlractor shall pay all claims, costs, losses and datnages attri.butable to the City's evaluation of and detennination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the d'uninished value of the defective or non- conforming deliverables. If ihe acceptance occurs after final payment, such amoun.t will be refunded to the Ciiy by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the tune specified after demand is mad.e, the demanding party may treat this failure as an antieipatory repudiation of the Contract. 25. STOP W�RK.NOTICE: The City may issue an itnmediate Stop Work Notice in the event the Coniractor is obseived perfonniug in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor wi11 cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a resnit of the issuance of such Stop Work Notice. 26. DEFAiJLT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfulZy peiform an.y of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the haulmiptcy laws of the United States or (d) inakes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27. TERA�IINATION F�R CAUSE: In the event of a default by the Contractor, the City sha11 have the right to terminate the Contract for cause, by written notice effective ten (10} calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, e�st. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitarion, cost of cover, reasonable attarneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified far up to three (3) years. All rights and remedies under the Contract are cumulative an.d are not exclusive of any other right or remedy p�ovided by law. PAGE 43 �F RFP #4726 Respondent's Initials�W GITY OF DENTON RFP FOR ANIMAL SERVICES 28. TERNIINATION WITHOUT CAUS�: The City shall ha�e the right to tennivate the Contract, in whole or in part, without cause any time upon thuly (30) calendar da.ys' prior written notice. Upon receipt of a notice of terniinafion, the Contractor shall promptly cease all fiuther work pursuant to the Contract, with such exceptions, if any, specified i.n. the notice of termination. The City shall pay the Contractor, to the e�ent of funds Appropriated or otherwise legally available for such puxposes, for all goods delivered and services perfoimed and obligations incuned prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by vc�-itten notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Coniract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price an.d execute an amenduient to the Contract. The Contractor must assert its right to an adjustment within thu-ry (30) calendar days from the date of receipt af the notice of delay. Failure to agree on any adjusted price sha11 be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the perFormance of its obligations under this Contract if, whrle and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond th.e reasonable control of such Pariy. In the event of default or delay in contract perfonnance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of tune reasonably necessary to overcome the effect of such failure to perform. 3 l. INDEA'INITY: A. Definitions: i. "Indemnified Cla.ims" sha11 include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, includi.n.g all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not 1'united to the City, the Contractor, their respective agenYs, officers, �mployees and subcontractors; the officers, agents, and employees of such subconiractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of in.came or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fau1t" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR 5AALL DEFEND (AT THE OPTION QF THE CITI�, INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMN�'IED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF TFIE CONTRACTOR, �R TFIE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER TFIE CONTRACT. NOTHING HEREIN SHALL SE DEEMED TO LIlVIIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, PAGE 44 OF RFP #4726 Respondent's Initials� �{/ CITY OF DENTON RFP FOR ANIMAL SERVICES THE I�GHT TO SE�K CONTRIBUTION) AGAINST ANY THIItD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIlVI. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Attachment A. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton, A. General Requirements: i. 'The Contractor shall at a m;n;mum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. u. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insuran.ce may subject the �ffer to clisqualification from consideration for award. The Contractor must also forward a Certifi.cate of Insurance to the City whenever a previously identified policy period has expired, or an e�ension option or hold over period is exercised, as verification of continuing coverage. iu. The Contractor shall not commence warlc until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Coniractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors coimnencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by coinpanies with A.M. Best ratings of B+VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements na�riing the City as additional insured, waivers, aud no�ices of cancellation endorsements as well as the Certificate of Iusurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, coveri.ng both the City an.d the Contractor, shall be considered primary coverage as applicable. viu. If insurance policies are not written for amounts agreed to with the City, the Contractor sha11 can-y Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the fonn of the primary coverage. ix, The Ciiy shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of pariicular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and PAGE 45 OF RFP #4726 Respondent's Initials�Gi!/ CITY OF DENTON RFP FOR ANIMAL SERVICES exclusions when deeined necessary and prudent by the City based upon changes in statutory law, court decisions, the clauns history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Confract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. aciii. The Contractor shall endeavor to provide the City t�iuty (30) calendar days' written. notice of erosion of the aggregate limits below occuirence limiis for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required ininimums and are not intended to limit the responsibility or liabiliiy of the Contractor. S. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrumeni. 33. CLAIMS: If any claim, deman.d, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perforna thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of norice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal deliveiy to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communicarions required or appropiiate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested, Nofices delivered by other mea.us shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other eommercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a pariy may notify the other in vv�iting. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marlced to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Confiractor to the City skall become properiy of the Ciiy upon receipt. Any porlions of such material clai.med by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible tifle to the deliverables and (ii) the deliverables supglied by the Contractor in accordance with the specifications in the Conti•act wil.l not i.nfriuge, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any ihird pariy; that no clai.ms have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contr•actar does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the tights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables ivfiinges the intellectual property rights of any PAGE 46 OF RFP #4726 Respondent's Initials V'"' CITY OF DENTON RFP FOR ANIMAL SERVICES third pariy; or (u) the Contractor's breach of any of Contractor's representations o� warranties stated in this Contract. In the event of any such claim, the Ciry shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on fihe Ciry's behalf. Further, Contractor agrees that the City's specifications regardiug the deliverables shall in no way duniuish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, ContractoT may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable properiy of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City andlor its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will mai.ntain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otheiwise use the Confidential Information without the prior written consent of the City or in a manner not e�ressly pernaitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such infonnation so as to permit the City reasonable tune to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses withui its own business to protect its own most valuable information, which protective measures shall under all circwnstances be at least reasonable measures to ensure the continued confi.dentiality of the Confidential Information. 38. OWNERSI�' AND USE OF DELIVEI2ABLES: The City sha11 own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contain.ed in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire righ� iitle, and interest to specific inventions under such patenta.ble subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its em.ployees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the Ciiy, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nofihing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City o fl all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Coniractor agrees to execute, acla�.owledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor fiu�ther agrees to, and if applicable, cause each of its employees to, execute, acla�owledge, and deliver all applications, specificarions, oaths, assignments, and all other instrutnents which the City might reasonably deem necessary in order to apply for and obtaiu copyright protection, mask work registration, trademark registration an.d/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The PAGE 47 OF RFP #4726 Respondent's Initials�� CITY OF DENTON RFP FOR ANIMAL SERVICES Coniractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, an.d delivered) i.n.strwnents or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City shauld not seek to obtain copyright protection, inask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted un.der the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractar warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreem.ent or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition fio any other reinedy available, to cancel the Contract without liability and to deduct froin any ainounts owed to the Contractor, or otherwise recover, the full amoun.t of such commission, percentage, brokerage or contingent fee. 42. GRATUTTIES: The City may, by written norice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any ageni or representaiive of the Contractor to any officer or employee of the City of Denton with a view toward securing the Coniract or securing favorable treatmen.t with respect to the awarding or amending or the making of any detenninarions with respect to the performing of such contract. In the event the Contract is canceled by the City pursnant to this provision, the City sha11 be entitled, in addition to any other rights and remedies, to recover or withhold the amount af the cost incurred by the Coniractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INT�REST lN CONTRACTS: No officer, employee, i.ndependent consultant, or elected official of the City who is involved in the development, evaluation, or decision-malcing process of the performance of any solicitation shall have a finaucial interest, direct or indirect, in ihe Contract resulting from that solicitation. Any willful violation of ttv s section shall constitute impropriety in office, and any officer or employee guilry thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Conhactor shall reuder the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an. employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the Ciiy of Denton, Texas for the piuposes af income tax, withholding, social security t�es, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and conirol of the Contractor or any employee of the Contractor, and it is e�ressly understood that Contractor shall perfoirn the services hereunder aecording to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreemenk PAGE 48 OF RFP #4726 Respondent's Initials�(�w CITY OF DENTON RFP FOR ANIMAL SERVICES 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensuxe to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned aud no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor sha11 be void unless mad.e in conformity with this paragraph. The Coniract is not intended to confer rights or benefits on any person, fum or entity nat a party hereto; it bei.ng the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in pait by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations un.der the Contract, or an express or implied acceptance of any other e�cisting or future default or defaults, whether of a similar or different character. 47. MODIFICATIUNS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on a.ny the Contractor invoice, order or other document sha11 have any force or effect to chan.ge the terms, covenants, and condiiions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the isade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that a11 provisions be construed in a ma.nner to be fair to both parties, readang no provisions more strictly against one pariy or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defin.ed in the Contract. 49. DISPUTE RESOLi7TION: A. If a dispute arisas out of or relates to the Contract, or the breach thereof, the parhies agree to negotiate prior to prosecuting a suit for damages. However, tlus secrion does not prohibit the filing of a lawsuit to toll the iwmiug of a statute of Iimitations or to seek injunctive relief. Either party may make a writteri request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each parry shall include, at a minimum, one (1) senior level iridividual with decision-inaking authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thuty (30) calendar days af�er such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the partaes may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of fihe dispute. Should they choose this oprion; the City and the Coniractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as inediator. Notivn.g i.n the Contract prevents the parkies from relying on the skills of a person who is trained in the subject matter of the dispute or a coniract interpretation e�ert. If the parties fail to agree on a mediator within t.�irty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton Couniy Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Coniractor will share the mediator's fees equally and the PAGE 49 OF RFP #4726 Respondent's initials�(;� CITY OF DENTON RFP FOR ANIMAL SERVICES parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, inclucling, when applicable, the Unifonn Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton Caunty, Texas and the parties agree to submit to the exclusive personal jurisdicrion of such courts. The foregoing, however, shall not be constnted or in.terpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any coinpetent authority as contemplated herein. 51. INVALIDTTY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Coniract. Any void provision shall be deemed severed from the Coniract and the balan.ce of the Contract sha11 be consirued and enforced as if the Conlract did not contain the particular portion or provision held to be void. The parties further agree to reform the Confract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section sha11 not prevent this entire Contract from being void should a provision which is the essence of the Coniract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of Ju1y Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Lega1 Holiday falls on Saturday, it will be observed on the precedi.ng Friday. If a Lega1 Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monda.y through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIYABILTTY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, sha11 survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTII+ICATION: The City of Denton is prohibited fram contractin.g with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred fi•om Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doi.ng business with the Federal Govermnen� as indicated by the General Services Adininistration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. PAGE 50 OF RFP #4726 Respondent's Initials�l; `'� CITY OF DENTON RFP FOR AIVIMAL SERVICES 5 5. EQUAL OPPORTIJNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discrim.i.natory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or naiional origin, be refused the benefits o� or be otherwise subjected to discrimination under an.y activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discrunivatoty employment practice against individuals with disabilities as defined in the ADA. 56. BiJY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements detailed in Attachment C. A. Defwitions. As used in this paragraph — i. "Component" means an article, inaterial, or supply incorporated directly into an end product, u. "Cost af components" means - (1) For components purchased by the Contractor, the acquisition cost, includi.ng iransportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactw•ed by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufachue of the end groduct. iu. "Domesric end product" means- (1) An umnanufactured end product mined or produced in the United States; or {2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufaciured in the United Sta.tes exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determi.n.es are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as doinestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. 'Bnd product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of C�lumbia, and outlying areas. B. The Buy American Act (41 U.S.C. l0a - lOd) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but wi11 consider for approval foreign articles as domestic for this product if the articles are on a list approved by anotl�er Governmental Agency. The Offeror shall submit documenta,tion with their Offer demonstrating that the article is on an approved Governmental list. D. The Conh-actor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use auy and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: P,rovided the solicitation requ.ires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and -taxes are the responsibility of ihe responclent. PAGE 51 OF RFP #4726 Respondent's Initials� W CITY OF DENTON RFP FOR ANIMAL SERVICES 59. PREVAILING WAGE RATES: All respondents will be requ.ired to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discritnination in the employment praciices. hrip://www.access. gpo, �ov/davisbacon/tx.hhnl 60, COMPLIANCE WITH ALL STATE, FEDERAL, � LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Loca1 laws and requirements. The Respondent must comply with all applicable laws at a11 times, including, without limitation, the followi.ng: (i) §36.02 of the Texas Pena1 Code, which prohibits bribery; (u) §36.09 of the Texas Pena1 Code, which prohibits the offeri.ng or conferring of benefits to public servants. The Respondent shall give all notices and comply with a111aws and regulations applicable to fuinishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2`s to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insuxance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment ar Workers' Coinpensation coverage, or federal or State withliolding requirements. Contractor shall indemnify the City of Denton and shall pay a11 costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORI�LACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and mai.ntain a drug-free work environtnent; and the final rule, government-wide require�nents for drug- free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, includi_ng any amendments to the final nile that may hereafter be issued. 63. RESPONDENT LIABILITI� FOR DAMAGE TO GOVE1tNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied properiy and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant fo the Contract. The Respondent shall notify tbe City of Denton Procurement Manager in writing of any such dauiage within one (1) calendar day. 64. �'ORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In. the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confuYned in writing within five (5) calendar days of the inception of such occnnence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall PAGE 52 OF RF.P #4726 Respondent's Initials�l"jV" CITY OF DENTON RFP FOR ANIMAL SERVICES operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of an.y continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN Il1�VIUNTTY: The Parties e�ressly agree that no provision of the Contract is in any way intended to constiiute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have lry operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting docu.ments, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or un.til the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolvecl, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal govemmental entity that has authoriiy to review records due to federal funds being spent under the Contract. PAGE 53 OF RFP #4726 Respondent's Initials�C. "v Contract # 4726 Contractor pocumentation Purchasing Department 901-B Texas St. Denton, TX 7F:209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 1 R F P # 4726 Request for Proposals for Animal Services for the City of Denton PROPOSALS DUE: OCT�BER 4, 20� 1 @ 2:�0 PM Submitted by: Animal Hospital on Teasley Ln., PC Company Name Addendum # 1 to be returned with Proposal The following are changes to the proposal specifications: Section I-2. Minimum Requirerr�ents-the second bulleted item replace with: Veterinarian practice must be located within a 15 minute driving distance-see attached map. Section II-1A1. Cat Package- the second bulleted item replace with: Rabies Vaccination, FVCRPP and FELV (if too young-appointment to return for vaccination). Section 11-1 C. Full Shot Package for Cat-replace with FVCRPP and FELV Exhibit 1-Pricing Sheet- has been revised to provide clarification to Items 1, 2, 4 and 6-see attached. Answers to submitted questions: 1. What information is required under Section II-A.7-Financial Resources? A financial statement or comparable document is desired. 2. Attachmenf C-Budget and Compliance Questionnaire- 11 and � 2 are not applicable-just list current business information. 3. Attachment C-Budget and Compliance Questionnaire-# Registered-please list the number of employees by category such as DVM, RVT. Also, provide proof of licensing such as a copy of licensing certificate or license #. NO OTHER CHANGES AT THIS TIIVIE. This form shall be signed and returned with your bid Name: Granville C. Wright, DVM Signature: ' � �%% Company: Animal Hospifal on Teasley ., PC Title: Owner/ Corp. Pres./ Veierinarian Date: ��3� �, CITY OF DENTON RFP FOR ANIMAL SERVICES Purchasing Department 901-B Texas St. Denton, TX 76209 (940j 349-7'I00 www.dentonpurchasing.com ADDENDUM # 2 RFP # 4726 Request for Proposals for Animal Services for the City of Denton PROPQSALS DUE: �CTOBER 4, 2011 @ 2:00 PM Submitted by: Animal Hospital on Teasley Lane, PC Company Name E 5 OF RFP #4726 Res ondenYs Initials�� PAG P CITY OF DENTON RFP FOR ANIMAL SERVICES RFP # 4726 - AD�ENDUM #2 Addendum # 2 to be returned with Proposal The following are changes to the proposal specifications: Section II 1A: Dog Package-Delete Heartworm Testing (when applicable) Section II 1A: Other Services-Delete Heartworm Treatment by weight Delete DentaUCleaningl�eeth Pulling Section IIE: Insurance Requirements- General Liability Insurance Limit has been changed to $500,000 and Professional Liability lnsurance Limit has been changed to $300,000. Question submitted On Exhibit 1, a quote is requested for the Full Dog package as specified in the Scope of Service. Since larger dogs require larger doses of all medications than smaller dogs, how do we quote this? Answer: Quote one set price for the full dog package regardless of weight. Weight is factored in only for sterilization services which are priced separately. NO OTHER CHANGES AT THIS TIME. This form shall be signed and retumed with your bid. Name: Granville C. Wright Signature: Company: Animal Hospital on Teasley Lane, PC Title: �wner, Corporate President Date: , �� PAGE 6 OF RFP #4726 Respondent s Initials� CITY OF DENTON RFP FOR ANIMAL SERVICES ATTACffiVIENT A INSUI2ANCE REQLTIREMENTS AND WORKER'S CaMPENSENTATI4N REQUIltEMENTS Respondent's atfention is directed fo the insurance requirements be/ow. It is highly recommended that respondents confer with their respective insurance carriers or brokers to de%rmine in advance of Proposal/Bid submission the availability of insurance certifrcates and endorsements as priescribed and provided herein. If an apparent !ow respondent fails to comp/y strictly with the insurance reguirements, that respondenf may be disqualified from award of the contract. Upon contracf award, aI! insurance requirements shal/ become contractual obligations, which the successful contractor shal/ have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Wifhout limiting any of the other obl�gations or liabilities of fhe Contractor, ti�e Contracfor shall provide and maintain unfil the contracted work has been completed and accepted by fhe City of Denton, Owner, the minimum insurance coverage as indicated hereinaffer. As soon as practicable after notificafion of contract award, Contractor shal/ �!e with the Purchasing Department satisfacfory certifcates of insurance, confaining the contract number and title of the project. Contracfor may, upon writfen request to the Purchasing Departmenf, ask fnr clarifrcatian of any insurance requirements at any fime; f►owever, Contractors are strongly advised to make such requesfs prior to proposal/bid opendng, since the insurance requirements may not be anodified or waived after proposal/bid opening un/ess a written exception has been submitted with the proposal/bid. Contractor shall not commence any work or deiiver any material until he or she recenres nofification that the contract has been accepted, approved, and signed by fhe City of Denton. �411 insurance policies proposed or obtained in satisfaction of fhese requirements shal! comply with the followiflg gee�era! speci�cations, and shall be maintained in complia�ace with fhese general specifcations throughouf the duration of the Confract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rafing of at least A. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the additional PAGE 54 OF RFP #4726 Respondent's Initials�� Vt/ CITY OF DENTON RFP FOR ANIMAL SERVICES insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certifcate be cancelled or materially changed before fhe expiration da#e. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain �wners and Contractors Protective Liability lnsurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPEGIFIC ADDITIONAL INSURANCE REQUlREIVIENTS: All insurance palicies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be main�ained in compliance with these additional specifications throughouf the duration of fhe Contract, or ionger, if so nofed; [X] A. General Liability lnsurance: General Liability insurance with combined single limits of not less than 500 000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. � Coverage B shall include personal injury. • Coverage C, medical paym.ents, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition PAGE 55 OF RFP #4726 RespondenYs Initials�W CITY OF DENTON RFP FOR ANIMAL SERVICES and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. . Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liabi�ity Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL} of not less than 500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising aut of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limifs of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §4�6.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liabi6ity Insurance The Contraetor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $7,000,000.00 aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable ta the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. PAGE 56 OF RFP #4726 Respondent's Initials��,(/ , CITY OF DENTON RFP FOR ANIMAL SERVICES [X ] Professional Liability Insurance (Veterinary Malpractice Coverage) Professional liabi[ity insurance with limits not less than $300,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for'100% ofthe completed value shall be provided. Such po9icy shall include as "Named Insured" �he City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft �r disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written an a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. 0 Additionallnsurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. PAGE�57 OF RFP #4726 Respondent's Initials�i� CITY OF DENTON RFP FOR ANIMAL SERVICES ATTACHII�NT C BUDGET AND COMPLIANCE QUESTIONNAIRE AND FORMS 1.Firm Name : Anilnal Hospital on Teasley Ln. PC 2.Address: 3517 Teasley Lane, Denton, TX 76210 3. Tax Payer ID#: 26-2598053 4.Email Address of Primary conta.ct: granville_wright@yahoo.com 5. Website Address: http://w1��.animalhospitalteasley.com 6. Telephone: 940/382-6939 7.Fax: 940/591-1495 8. Other Locations: None 9. Organization Class: Professional Corporation 10. Date Established: August 18, 2000 11. Former Business Name: NA 12. Date of Dissolution: NA 13. Subsidiary of : NA 14. Historically Underutilized Business: Yes or No 15. Principals and Officers: Please detail responsibilities with the name of each principal or officer. Granville C. Wright, DVM — President of the Corporation, Trustee for retirement plans, owner of Aiumal Hospital on Teasley Lane and veterinarian. Linda F. Wright — Secretary of the Corporation. Business duries include: payroll, tax payments, retirement funds infonnation manager. PAGE 62 OF RFP #4726 Respondent's tnitials�(��(/ GITY OF DENTON RFP FOR ANIMAL SERVICES 16. Key Personnel and Responsibilities: Granville C. Wriglit, DVM : Responsibilities are owner / operator of Anirnal Haspital on Teasley Lane. Cassie Epstein: Associate veterinarian, responsibilities are surgical / inedical treatinen� of animals presented to Animal Hospital on Teasley Lane. Beatrix Saurenmann, CVA: Responsibilities are assisting in the care and treatment of animals presented for veterinary work at Animal Hospital on Teasley Lane. Sarah M. George, Office Manager. Employed at Aniinal Hospital on Teasley Lane for S years. Responsibilities: operation Animal Hospital on Teasley Lane on a daily basis, interviewing new applicants, hiring suggestions, purchasing gaods for clinic. 17. Number of Personnel by Discipline: Discipline Veterinarians Vet tech (CVA) Office manager Business inanager Vet clinical Nu.mber of Staff 2 1 7 # Registered 2 DVMs 1 CVA 18. Services Provided by Firm: Diagnostic and Therapeatic Services: Our hospital is equipped to provide diagnostic and therapeutic services to care for your pets' complete health care needs. We have staie of the art digital x-ray on site. Surgical Services: Our state-of-the-art surgical suite provides for the performance of a wide variety of surgical procedures. Anesthesia: VJe utilize the safest available anesthetics to provide an e�ra margin of safety, especially for our older or high-risk patients. Using the most modem equipment, the patient's vital signs are monitored during all anesthetic procedures. Internal medicine consults: We offer in-hospital referrals to an internal medicine specialist who perPorms ulfrasounds, endoscopic procedures and helps us with the diagnosis of more complicated cases. Radiology Services: Our on-site, modern X-ray equipment provides high quality radiographs to aid in the quick diagnosis of many disorders. Electrocardiography Services: We provide ECG services on-site as well as consultations with cardiolo�y specialists. Dentistry: Our denfal services include teeth cleanin� and polishing, dental X-rays, tooth e�ctractions and minor oral surgery. PAGE 63 OF RFP #4726 Respondent's Initials, ��`'v CITY OF DENTON RFP FOR ANIMAL SERVICES Laboratory: Our in-house laboratory facilities provide for serum chemistry, hematology, serology, urinalysis and parasite testing. We also utilize commercial veterinary laboratories for specialized diagnostics and consultations. Pharmacy: We maintain a complete inventory of pharznaceuticals, vitamins, shampoos, flea and tick control products and hearhvorm preventatives to meet the needs of your pet. We aiso carry a full line of prescription diets. Individualized Flea Control Programs: We develop programs for the specific needs of your pet and your own particular environmental situation. We will review with you the best ways to control fleas in your house, in your yard and on your pet. Dietary Counseling: We will provide guidance regarding your pet's nutritional needs for each life stage, including dietary requirements for growth, weight maintenance and performance. Emergency Care: Please call our main tetephone number for instructions for af'ter-hour emel•gencies.. 19. Veterinary Malpractice Coverage Atnount: $4,000,000 20. Not Applicable-Work Type — Distribution by Proportion of Annual Average: Work Type % by Fee % by No of Projects 21. Please indicate the total number of veterinary service contracts your Firm has undertaken within the last five years7 None 22. Has your company filed or been named in any iitigation involving your company a.nd the Owner on a contract within the last five years un.der your current company na,me or any other company name? If so provide details of the issues and resolution if available_ Include lawsuits where Owner was involved. No. 23. Please provide at least (3) three references (pre.f'erabdy municipalities) and contract amounts. Animal Hospital on Teasley Lane has no contracts with municipality or private entity. PAGE 64 OF RFP #4726 Respondent's Initials��'U CITY OF DENTON RFP FOR ANIMAL SERVICES 24. Please describe your volunteer work regarding animal services within the community Dr. Wright is a board Member of the Advisory Board of Denton Aniinai Ser�ices. Dr. Wright has provided inspection services of Denton Animal Control Facilities (at no charge) for the last 8 years. Animal Hospital on Teasley Lane has conducted vaccination and micro chipping services three times yearly for four years at the Denton Animal Services facility. The proceeds from one vaccination clinic per year have been donated back to the medical fund of Denton Anirnal Services. Animal Hospital on Teasley Lane has provided many low cost ar no cost treatments of sick and injured animals presented by Denton Animal Services and has provided signed opinions of a number cases of animal cruelty including autopsy results of stanTation and heat related deaths. Dr. Wright is a inember of Dentan Rotary Club. 25. Please provide the number of community service hours you have performed within the last calendar year and describe the types of services performed Appro�mately 40 hours which include medical services rendered at low or no cost to animals in the care of Denton Animal Control Services and vaccination clinics held 3 times yearly at the Denton Animal Control facilities. 26. Please provide any information that makes your practice different from other veterinary practices. I believe that all of my colieagues/veterinary practices in the Denton area practice good and up to date med.icine as Anunal Hospital on Teasley Lane does. The main thing that Animal Hospital on Teasley Lane does that, soine others inay not do, is the provision of low cost medical and surgical services to many local rescue groups that other practices ignore. Also Animal Hospital on Teasley Lane , many times, provides low cost medical and surgical services to financially stressed individuals that have been refened by a nuinber of local human societies and rescue groups. 27. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. No 28. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). No PAGE 65 OF RFP #4726 Respondent's Initials�(�W CITY OF DENTON RFP FOR ANIMAL SERVICES 29. Has your company impleinented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standa.rds" as they apply to your Company's customary activities? http://www.osha. ov/pls/oshaweb/owasrch.search forin?p doc type=STANDARDS&p toc _level=l&p keyvalue=1926 Animal Hospital on Teasley Ln., PC complies with all OSHA regulations that apply to veterinary practices. PAGE 66 OF RFP #4726 Respondent's Initials�W CITY �F DENT�M RFP FOR ANIMAL SERVICES ATTACHMENT G C4(�FL1CT OF INTEREST C�UESTI�NNPrI.RE FQ�� '�jQ For vendor ar other erson doin business with local overnment�l enti This questionnaire reflects changes made #o the law by H.B.1491, Spth Leg., Regutar Sessinn. pp�ICE USE QNL� This questionnaire is being filed in accordance with chapter 176 of the Local Government CDde by a person r��.x��a who .has a business relationship as defined by Sectio❑ 176.001(1-a) with a local governrnental entity as�d the person meets requirements under Section 176.00b(a). Bp law this qu�stionnaire must be filed witk► the recards administraEor af the local government entity not later than the 7th business day after the dat.e the person becomes aware of facts that require the statement ta be filed. See 5ection 176.006, I.�cal Government Code. A pers4n commits an offense if #he persan knowingly violates Sectioz� 176.046, Loca� Gavernment Code. An offense under this saction is a Class .0 misderaeanar.. 1 Name of pecson vvho a bvsiaess relationship with local goVernmental entity:Nune r� i �4 L �� s � �. � , . (' � Z � f-1 Check#his hox if you are filing an update to a previoualy filed guestionnaire. �LJ (The law zequices tliat you filc an updatcd completed quesiiacmaire with the appmpriate filing auliiority not later than the 7'� 1�asiness day aRez #he dafe the originally filed quesdonnaire hect�mes incomplete or inaccwrate) 3 Name of local gavernment of6icer with wham fitor }ias a� rmployment ar husiness relativnslup. =��,Ifi��e �;` �cSc� .-��rv;so�' C�� ?�F-�`e�.�� Name of Officer � >i ) rY� (� L �.rrY V; C'.�15 This section, (item 3 including subperfs A, B, C& O), must be complated for.each officer with wrhom the filer has an emplayrnent ar othe� business relationship as de.flned by Section 17�.00i{i-a), Loca! Govemment Code. Attach addifional pages to thfs Fami CfQ as necessaty. ,4. Is ths local gpvernment otficer named in this section �ceiving or likely to receive taxable incame, other than invesimeM ineama, firam the filer af the questionnaire7 0 Yes � No B. Is the fller of the guesfiannaire receiving or likely ta receive ta�cable inaome, atherthan irn�estme�t income, fram or at the direction of the Iocal govemment o�csr named in this sectian AND the fa�cable income is not recei+red #ram the Incal govemmental e[ttit}�t 0 Yes � No C. is fhe filer af this questiannai�e:empioyed by a corporation or o#her business entity with respect to whieh fhe local govemment officer serves as an officer �r directar, or holds an ownership of 10 percent.or mare? � Yes � Na D. Describe each affiliatian ar business relationship. � z�� r,�� 5 � �.� � �-�-�� v� a� i�,� . � � ��,.� �Jr�; r�� l � �� U� � � � �� f � �'� �� - � } Signature a.f pe�son doing 6usiness with the gov menta enfity Date nd oe�zsr�ac►� PAGE 70 QF RFR #4726 Resgondent's Initiais��i�� CITY OF DENTQN RFP FQR ANIMAL SERVICES 4. ATTACffiV�NT K ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON The undersigned agrees this RFP becomes the property of the City of Denton after the official opening. The undersigned af�irms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and a11 other matters that may be incidental to the work, before submitting a proposal. The undersigned agrees, if this proposal is accepted, to fiunish any and all items/services upon which prices are offered, at the price(s} and upon the terms and conditions contained in the Specif"ications. The period for acceptance of this Proposal will be ninety (90) calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have not been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of this bid. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the �Jnited States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this RFP package. The undersigned agrees that the RFP posted on the website are the oi�.cial specifications and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they wi11 be responsible for monitoring the City of Denton Purchasing Website at: bttp://www.citvofdenton.com/index.aspx?page-397 to ensure they have downloaded and signed a11 addendum(s) required for submission with their proposal. Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP shall prevail. I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. NAME AND ADDRESS OF COMPANY: Ani�nal Hospital on Teasley Ln., PC 3517 Teasley Lane Denton, TX 76210 Tel. No. 940/382-6939 Email. granville wrightdvrn(c��yahoo.coin AUTHORIZED REPRESENT TIVE• Signature � �°, W !l!�'1 Date �'/��1 Name �r �' �e C. � l ' ✓iyl Tifle Fax No: 9 0/591-1495 PAGE 73 OF RFP #4726 RespondenYs Initials�w CERTIFICAT� OF INSURANCE This is to Cer#afy, th�t a policy in the name af NqMEO INSURED arxl A�DRESS RNIMAL HOSPITAL ON TEASLEY LANE✓ 3517 TEASLEY LANE DENTON TX 76�10=0000 Is in force at the date hereof, as follows: TYPE OF POLICY INSURANGE NUMBER AUTt�M�7BiLE LIABILITI'` Schedule� Automobiles ✓ WB7X5343 ' Hired Automobiles � Npn-Owned Description � 11 ��\� � � � PERf�D EFFECTIVE �12/14/2091 12:00:00 AM ta �adily lnjury THIS GERTIFIQATE OF INSUl�ANCE NEl7HER AFFIRNIATNELY NOR NEGATIVELY AMENDS, E3CTENDE5 OR ALTERS- THE COVERAGE AFFfSFZDED BY THE POLICY aESCRIBED H�REIN, Damage LI M ITS $ $ �f 7114/2Q�2 , Cambined Single Limit $ �2.00:0o AM sions add�d by endor�ements/special prov Each pefson Each'accident Each accident Each accidenf CERTIFICATE HOLQER IS SkiOWN AS AN AD1�171�TlA[, INSURED A5 'tH�IR INTEREST MAY A�'PEAi��/ In the event of any material change in; or cancellation of, this policy, the undersigned eompany will endeavor to.give written notice to the parLy to whom this certificate is issued, but failure to give such notice shall impose neither obligation nor liabflity upon the company. Warth Casualty Company / O�, fi �/ orth 6101-006 � , ,� � AUTHORIZEp R�RRESEMTATlVE CERTIFICATE 1SSUED TA: / GITY OF DENTON `� ATTN: ELTQN BROGK OR JUUA KLINCK 300 S WOODRQW LN DENTON, TX 76205 Client#: 21242 ANIMHOSPTX6 �ATE (MMIDDIYYYY) �1�4RDTM CERTIFICATE OF LIABILITY INSURANCE 12l14/2011 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), AIJTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). CONTACT PRODUCER NAME: AVMA PLIT Business Insurance PHONE 312 922-5000 ac, No ; 312 922-5358 AIC No, Ext : Hub International IVlidwest Limited E-MAIL nooRess: 55 EastJackson Boulevard, Ste 14B INSURER�S)AFFORDINGCOVERAGE NAIC# Chicago, IL 60604 iNSUReRa: Travelers Property Casualty 36161 INSURED Animal Hospital Teasley Lane, 3517 Teasley Lane Denton, TX 76210 _`� iNSUReR e: Twin City Fire Insurance Co. � \^A�1 INSURER C : ��v,j r INSURER D : �j� INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �NSR TYPE OF I RANCE NSR SUB POLICY NUMBER MMIDDY� MMl�IDY� LIMITS A GENERAL LIA81L1 X PACP0467R570 6I26I2011 06/26/201 EACH OCCURRENCE $Z,OOO,OOO � X COMMERCIAL GENERAL LIABILITY DqMAGE T RENTED PREMISES Eaoccurrence $30��00� CLAIMS-MADE a OCCUR� MED EXP (Any one erson) $ rJ��O PERSONAL&ADVINJURY $Z�OOO�OOO GENERALAGGREGATE $4�000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG $4,000�000 $ POLICY JECT LOC AUTOMOBILE LIABILITY Ea eocideD�SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHE�ULED BODILY INJURY (Per acciden[) $ AUTOS NON-OWNED PROPERN DAMAGE $ HIRED AUTOS qUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCE5S LIAB CLAIMS-MADE AGGREGATE S DED RETENTION $ $ B WORKERSCOMPENSATION 83WBGPA8255 6/1012011 06/10/201 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L. EACH ACCIDENT $SOO,OOO OFFICEWMEMBER EXCLUDED? � N f A (Mandatory In NH) E.L. �ISEASE - EA EMPLOYEE $3OO OOO � If yes, describe under E.L. �ISEASE-POLICY LIMIT $50�,��0 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATION51 V ICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: RFP4726 - Animal Services Cit �e ton, its Officials, Agents, Employees and Volu eers are listed as Additional Insured as their interests may appear with respects to general liabilit ._ (See Attached Descriptions) TE HOLD City of Denton✓ Materials Management Division 901-B Texas Street Denton, TX 76209 SHOUL� ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � � �� OO 1968-2010 ACORD CORPORATION. All rights reserved. ACORO 25 (2010105) 1 of 2 The ACORD name and logo are registel'ed marks of ACORD #S498614/M498613 LXT SAGITTA 25.3 (2010105) 2 of 2 #S498614/M498613 Fm:Hub International Midwest Limited To:AVMA PLIT (19403497302} 12:53 12/14111 GMT-OS Pg 02-02 , . . ...:: .;:.�. :.. .,......,.... . . ;- .r.:... : � . : . . .:.::..:> ::;.. .. _ _ :.. .: ............. . . . II�� y , , . . ,.. .. � C��M � y�� !, �.x . . �ATE IMMlDOlYY) ; .,- . ..,. ...:��.�.::. �� 1...,.�.��;��:�:��:��., ;: .:: .. � .. _ .:. ...... ..:..... . :.......... .. . ..:�. .......:......................... . . . ... ... . ..... .... ............... . . . . .... . . ... ....... ... ...... . .. .. 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' a�u�ich ,American In.surance Co. ___.__.._._._._.. �..�,._�.. _----.--.-.--_—.___._------.�___-___---._...-,---,_..._._--------._._.. INSUHEC ; C46rt?a;dY Granvi l le C. Wright �`IM B _. ._ ...------�----..r.____.._._ ; . �_.....,__-------.—__----------- c/o 1�n�.ma1. Hospital on Teas1Y �� i COMA.AN�' 3517 Teasle Lane � y � I ---__-_---._..� .._—....._._-- -..�.. ..-------._..._. D�riCon, T�S 76210 ��(� i--carnParav � D - ;:a:i. �:C�i�tERY1�ES??a»::>;' �r<:.>:;:;:;[< ; :<: :..,�::::::s ;::�,.'::;+: i;}!� ��>:ii2::zi'ii:i:.,:i;i�<i::rr[?1 �;;�;ii'-::i�S'>:;?;::2i`.i;c: ":t!::`::;:%n:rki�.i>;[::?'>",:[:::; <:::'i:w'2i;;i`a12;;:;i:;;>;g ;i;:;;o;�;k:::3:�.:[.;::;q::c,..Li: . ,.. �..:: . ... y;: .:?:.> i:?v:.�. ...: . . :..:.....„....�u.:v:....... ;....,.:;.:{.;::_::;:;:.�.,.::, :. .: , :.... ::.... .::. ., . :... i. : 'r. .:: � .': :++y .........: ..r.......:.... .......�. . �.:�:� ...:.::....::..... .. ...; .:^+r.:��'�" i..9.:.. .... . .. � :. .::..v: .v,..::.: i::.v.. ................................».....�.............{ ............f.:.::i......:....�: :;::..:: ;xv.t....:::�..n'.,'�y...;4.�;..,;:,� .......v .:..:::....:. n• .. � �0::: :...:........... . . ....:......:.:....��.:::nv..... . . - . . . ... . ..... . . ..:..+...:::::.::i:.':C:!i:':'':i�i:�>:?.:�::::i::: �'::.::.:''i�:•.'`.�i:':%::�:i'.':::'::':::v'::i:v'vi:ii�i:::::i�_:i::`:J):._�.�:. �i:�:�:[ THIS IS TO CERTIFY THAT THE POLICIcS OF INSURANCE LlSTED BELOW HAVE BEEN ISSUED TO 7HE IiVSIJrIEfl NAMED ABQVE FOii THE POIICY pERIbO INOICATED, PJQPA'(THSTANDING ANY REnU1RE1AEN7, TERM OR CDN�JITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 9E 15SUE0 QR MAY PERTAIN, THE IPdSURANCE AFpORDED BY TME PCLICIES OESCRIBED HEREIN IS SUBJECT TO RLL 7HE TERMS, ESCCI.USIONS AND CONDITION5 OF 5UCH PULICfES. LIMITS SHOWN tv1AY HAVE BEEN kEDUCED BY PAID CLAI415. r..._._ —._._.-.--�_.._._.....—___,.-...,.,_._.._-�._...._.�—_ _.��.._.. .-__ ._" —.r.. . _'_'_ ( ' i CO i TYPEUFIN5URANCf � pqLICY NUMBER POLICV EF�ECTIVE `PQIJCV EXVIRAiION � Lrq ` DATE (MMl�OIYYI I DA7E iMMIpD/YY� � LIMITS i GENEHAI LIABILITY E ! ' � � GENERAL AGGA�GATc mm� s 3`O 0 O� Q p � }�� COMMERCIAL GENFNfAL LIABIIIT" � PROQUCTS COMF.�OP AGG ' S yM1•+ � Cla{MS MAGE I_ j OCCUfl �`PERSONAL & A�V INJURV ( S ^ � O;NNkA'S & C6N7RACi0fi'S GT � % � �E ^ H OCCURRENCE � � 9�. � O O O O O O :�f XlProf. Liab� �088126✓ ZIPL� 1/01�17.� 1/01�1�DAMAGE�Anyonefirx� ;s r-- -_..._..._. _.-- i I ,V._ .._ � + .... ---°--' � � MEO EXP (Any nne p^rsoN �� AUTOMOBILE LJABtUTY � � ^ ANY AUTO i � � COMBINEO SING�E LIMIT � S — ALL ONJNEO ALiT05 I �� BODI�Y INJURY � SCHE�ULEP AUTOS f � � (Per perspn) ' � i..� 4iiRED AUTOS � i r.—_._ ...._�._.._.. I i �O�ILY INJURY i � I NON-ULVNEO AuT05 � � i � I'er eccidancl $ � .—.. —_.._—�....._...� �I .��._ i i PROPER7Y bAMAGE ' $ i GAqAC,E LIABiLiTY !I AUTO ONIY - EA ACCIDENT $ I ANY RUTD � ; � � O�iFIAN AUTO ON�Y: �u..�' ' _ . i �—� , . ... ... . �....: j � 3 � �---- ' I ' ,,.,.._._..,._ __� j I � I EACH ACGIDENT $ ^� �::.aY'. . . �� ' - _.._._ � I AGGREGATE i5 i ��FSS LIA811JTY I � EAC4 OCCURAENCH i 9 �_.T......___ � � UYiBREI,tA FORPA I AGGREGATE � g ,�`_ �_.__.._.�.... �_ ' OT}IFfl THAN UFABREL�A FOPM i � '$ i WC STATU� � fqTH-� �.: : �: � WORKEfiS COMPENSATION AND i I ! ''f�H y�[yJ,LL.S �t.,�p.s' •�•''•' � EMPlOYERS' 110.81LITY � ' - �.^,�--,.---- � '. •...�..; ., •. ��. . ! � "cL EACH ACCI�ENT --{— $ � i TNE PROPRIEI"OR/ � � INCI ` ' . ��--�m.'..—^-.� I ^..,...� ~ i PAF.TNEfi51CXkCUTIV� �--. 7 � 1 , kL DISEASE; FOLICY Litd17 $ i_—...,^ _.�.. ; OFfiC4R5 ARE: I ' EXC°_' � I ; EL D13EASF - fA EMPtO'.'Ef F 5 � OTHEA � ' ; ! I ` I � � E I i ( ( � � � ! t I I i � DESCWP730N OFOPERATIpNSiIOCATIONSlVEHIC4E5lSPECIALITEMS �''j,j�� eCt tD policy �exms � and conditiazas pi�� Prafessional Liaba.lity Tnsura�.ce Trv.st Master Policy #EOL 52�1.302-06� . � :.....:.: ..:......:... .:....:..::.,,.;:,. ::::..,::. ,,;,,:, . ;«<::::::�:::;:�;.;<::::;::A.>;�.�:�::..:::;.,;;;:.:::, : .. ...: . ....., ..:: . : .,.:::...: .. . ..«.:._..::::::<.: . , ...::,.. . ::.; ::.... . .:. ...::.:�� ::..... :..:.::.:.::.. ...::,::::: ;::, ........... .. .. ......... .. . , , . > :. :::::.: :....:.:.,<: <:<: . . .. . ...:. .....,. . . .. :.... .�� . .. . ........ <:..:...:> .:..........:.::::.. .. ....... . :... .... . ... .._,.... ......,.... . ., :,: � �_<�� , .... .. .. .... . ...:.::::...,::.: . . ..:.: ,. . , :: �� .. ..f.. F#. . �aF�:f� t#Q TikR . . . .. ...... . ... . ...... . . . ..,.: , �:;. _.....,..�<.,,. .::.::.:. .:::.... €i a _.::v:.;:«;.:<:. �, . ...._F ..._� . .....� .................. ... . ».........:.; .....__..... .� ................... . . . ..,..... . c � ..< . .,.::.:..... ...... < . .. . .. ... . ............. .. ...... . . .. . _ . . . .... .... ..... .... . . . . .. . ... .......................... . .. ... .... ... � . ��.� ��:..,...... . ..... .. ............ ........ .............. .....,...... ��,... , :.:,....:.::;:<::F:: ;.:::;:::<• . . . .. . . _.,......,, ., ............. ................:..>:.<.>.<;:..,.::.;::.:....:.:... . :: : <: �.::..:.<.::. :.:,:,.,:;:::::: �.7. ty of Der.�.ton � SN4UL0 ANY OP TH� A60VE pESCPoBEQ �POLICI'ES' 8E �CANCELLETIFVBEPOA€'.7HE �*,+�'� EXPIHA71/0f� dA7E TNEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL �,� ffAYS WflITTEN NOTICE TQ THE CERTIFICA7� WOLDEH NANfED TO 7HE LEFT, Bt1T FAILURE TO MAIL SUCH NO71C� SHALL IMPOSE NO 09UGATION OR LIAB(UTY OF ANY RINO URON THE COMP ITS EN7S OR PRESEN ATIVES, b}�t Al7THOR1 ftEP E ..,:.:::.: v,..::.. _,.. � ......: ::.. :.:.... .............:... .. . .. .... ..... . . .. v' , ...- . . . :::: .>;:< .:: ::.......: :::::,::;;:.,:, :,::.: �.::.;.:.:: .;.: ..:: .. . ./�:../�p�}y. : . . ::. :..:::::..:...:.. ...... } /� _ .. ..: ...::.....::,.: . .... . _ .::.:,.:::_ :.;:.;.:.:.:. . . .:. .. . . . . .. ...............................:............<.><:.:,.... . .,. , /..:........ .. ........, ,......::<,:<::;:>;.>.:,:::: ::....::::.>:..;....;:,<:: . . ... .. .,..._.... ........ ...... ........ .. .. ...........::. :::::::::..:::...... ... . .. .._>. .:..:..�: .:... ... :..>.::.:,:::::..;..- v.,.;.,;: :..:,:..: ;:.>:.: . .,. :,:.:.:::.::;;.:<. � ,.��>s.:.. .::.::_ :......................,...,......s.........,.,..,..... .i7 ..:� 7�. .. . .. . . .... ......... .... ...:.::i�:::n:::•.::..:�::.::v..::::.::.;..,-,-....;,.:... Y.._ ....7tF.!'iY....... . . ..... ..........v,,...f...,av.%.u............. .. .. ,1..,. . .. .. . . . .. .i .1......� . ................................ ....... .-.. ... .....-.... . ,...........,. .. . . ... .. .... ........................... . ............�.v...... .,....._:.�:.� :�. . . .... . . .. . .....:.:::.:........ .. .. ....: � ir,->;; :.<...:.,.::.; .:..... .. :::�'.::.::: .:.✓ .y.:iR'r,:��;i` ;'�:: �.:: .... .. • ::::• p,�tS#��G�ipt31�A�KYN:�19�i� . . ...... . ........v,._. . ... „ . .... ::.... .�..,;.,.�,..v,:..:. .:, :, ..»....: .. • ,.: ...: , .:: ::t::::.:.. .. ,., .. Fm:Hub International Midwest Limited To:Attn: Elton Brock (19403497302) 10:11 12113111GMT-05 Pg 01-02 Sincerely , Brian Migdow Program Representative HUB Internationaf Midwest Limited PO Box 1629 Chicago, IL 60690 Phone: 800-228-7548, Option 2 Fax: 888-754-8329 �� Plzase crn?sider tl�e eirnironment beiore prin�inw this a-mail. 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