Loading...
2014-263 %(+$1$%$1$-"$%.1, 2014263 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201627809/20/16JR i • ! � • � , � •'; . �•� . � • � �'!•; . ''• � •' � �. . � ....� . ; � ,. �� � •� ' •' �. , . . .• . � . !•' ! ' •' . . .; �� • • • ' • ! • •'R• •� ' �, �; � ' � , ! •' f � . . . . • . � ..� • ; R� • . ! ! ... . .. :, )' . : �. , � ,: � � ,�,. ,: , .. • � 1 � •, .♦ ♦ � � ,, � R�. ... , ... � • ,� �. �.. � �� ,... , . ��:• ,' � ,� �� ��� i, ...." / /� �� . WHEREAS, ���.�i�ai7 ?�'�.022 �1' i1�� L�c<�1 �c�vert����c�1t: ��c�ci� provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopalies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components far equipment; and library materials for a public library that are available only from the persons halding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Cauncil wishes to procure one or mare of the items mentioned in the above paragraph; NOW, THEREFORE, • • ! l • � ; , �� �. SECTION 1. The following purchase of materials, equipment or supplies, as described in the 66FISP99 listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5626 RSVP Services, Inc. $700,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only ane source, including, items that are only available from ane source because of patents, copyrights, secret processes or natural monopalies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components far equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights ta the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not canstitute a cantract between the City and the person submitting the quatation far such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized ta execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. ���"�1'ION 5, The City Council of the City af Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5626 ta the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and __ ....._ approval. PASSED AND APPROVED this the � �� � �� �" °��'� �F� ��'�" �014. �_ � day of � ���� �� � ��.�. � � � �� � � �� �� �� � �' � � ��.��� k � . � r ��: _ _ c�� r��� w rTS, MaYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B`�' � . . ' � �.� ,✓ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � BY: �� __:�� � �\ �. c 1 ', �; � •', �• • � . . . . � . • • � ! THIS AGREEMENT is made and entered into as of the 9th day of September, 2014, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called 66CITY" and RSVP Services, Inc., with its corporate oftice at 2701 Hartlee Field Road, Denton, Texas 76208, hereinafter called 66CONTRACTOR999 acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration af the covenants and agreements herein contained, the parties hereto do inutually agree as follows: ,. � ! �. � .�. � ....... R • � � �.... The CITY hei°eby contracts with the CONTRACTOR, as an independent contractor, and the CONTRACTOR hereby agrees to perform the services herein in connection as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State af Texas. The CONTRACTOR is specially slcilled and qualified to provide these services and desires to provide same under the terrns and conditions set forth below. The parties have conducted negotiations and as a result of these negotiations agree that �9360.00 per month, or $90.00 per hour is a just and reasonable fee for the performance or the services for a Texas Licensed Doctor of Veterinary Medicine, and $5234.67 per month. or $30.20 per hour is a just and reasonable fee for the performance or the services for a Experienced Veterinary Technician which are the subject of this contract. Additionally, the CITY shall pay an advanced, flat retainer fee in the amount of $6.000.00. This fee shall be reconciled with the final bill, and utilized to off-set any final charges. For and in consideration of the professional services to be performed by the CONTRACTOR herein, the City agrees to pay a total fee, including reimbursement for direct non-labor expenses, not to exceed $700,000 over the three (3) vear period. The fee(s) are to be paid to CONTRACTOR as services are rendered and invoiced per standard tet°ms and conditions. Contract amount shall not exceed the total of purchase order(s) issued. The following requirements are stipulated below for the services: Texas Licensed Doctor of Veterrnary Medicine - Three (3) shifts per weelc (M-W-F or T-Th-Sa Schedule) - up to 8 hours per shift, minimum 24 hours per weelc - not to exceed 156 shifts in a 365 day period Experienced Veterinary Technician - 40 hours per weelc - not to exceed 2080 hours in a 365 day period During the term of the Agreement the CONTRACTOR shall bill and the City shall reimburse the CONTRACTOR for all reasonable and approved out-of-pocicet expenses for which are incurred in connection with the performance of the duties hereunder. Notwithstanding the foregoing, expenses for the time spent by CONTRACTOR traveling to and fram City facilities shall not be reiinbui°sable. The CONTRACTOR and CITY acicnowledge and agree that RSVP SERVICES, INC. is and shall be deemed to be an independent contractor for the services provided under this Contract. Further, because RSVP SERVICES. INC. is an independent contractor, the parties agree: 1, The City will make no withhoCding for taxes of any type from tl7e fee agreed upon in Article IV. All taxes, including, but not limited to Social Security, unemployment, FICA or other monies owned to any State, Local or Federal governrnental entity, inchiding applicable penalties and interest, are to be paid by Contractor and are solely the liability of same. In the event a claim is made against City for payment of taxes, penalties or interest for or on behalf of Contractor, Contractor agrees to indemnify and hold harmless City of such damages, including costs and expenses. 2, City will not provide worlcers' compensation for Contractor for services performed pursuant to this Contract. 3. This is a non-exclusive contract. Contractor is free to advertise and provide his/ her services to persons or entities other than the City. Further, City may use other contractars or its own einployees to conduct the same services as Cantractor. 4. Any insurance the City may have for its facility described above is solely for the benefit of the City. The City shall not be liable for injuries to property or persons (including death) which are the result af the activities of the Contractor. Contractor agrees he/she shall be liable for injuries to himself/herself or others caused by his/her own negligence, omissions, inalfeasance, or intentional conduct. When applicable, for the services provided, contractor shall provide insurance for the activity as provided in the policies of the contract instructors prograin. ,.:- The CONTRACTOR and DVM shall be able to deliver the following services with the understanding that this list is not exhaustive and contingencies may arise: Dog Package . Spay or Neuter • Rabies Vaccination (if tao young-appointment to return for vaccination) . Bordetella . DHLPP . First treatment for fleas and ticics . First Month Heartwarm Preventative • Heartworm Testing (when applicable) • First Treatment for Tape Warins, Haolc worms, and Round warms . Pre-Surgical pain medication . Micro chip . Parvo Virus Test (when applicable-this should be done prior to the ather medical warl< if the veterinarian believes the animal may be sicl<) Cat Package . Spay or Neuter . Rabies Vaccination (if too young- appointment to return for vaccination) . FDRT . First treatment for fleas and ticics . First Treatment fai° Tape Worms, Hoolc worms, and Round worms . Treatment for Ear Mites . Micra Chip Other services that may be provided include but are not limited to the following: • Heartworm Treatrnent by weight . Dental/Cleaning/Teeth Pulling . Procedure far demodex and cercoptic mange treatment. . Treatment and medication far Kennel caugh . Antibiotics far infectian • Paciciilg ears for ear infection • Ear Mite Medication and treatment �. �+,� ��w-��k�1c:+��fi "�����°ia��i�° "T�cl��t�+���n �es°vacc� ��._- , CONTRACTOR shall provide an Experienced Vetewinary Technician on site for a minimum of farty (40) hours per weelc at a minimum of five days. This shall result in a schedule of Monday- Fridayy OI�9 Tuesday thru Saturday. The Experrenced Veterinary Techrcician shall be a graduate of an AVMA approved Veterinary Technology Program and/or greater than 2 years experience in the Veterinary field. The Experienced Veterinary Technician shall also camply with all laws, polices, and procedures of the Federal Government, State of Texas, and the City of Denton, in the perforrnance of this contract and duties. The CONTRACTOR shall provide an Experienced Veterinary Technician which will be available to worlc at the facility during its regular operating hours (8:00 am until 6 pm), as stipulated above. The LVT shall be able to interface with the medical module of the Ciry of Denton Animal Services ShelterPro software. The CONTRACTOR and Experienced Veterinary Technician shall be able to deliver the following seivices with the understanding that this list is not exhaustive and contingencies may arise: • �lct as the extra eyes, ears and hands for the veterinarian to ensure the best quality pet care a.nd to maximize lhe veterin�rian's productivity, Communicate with veterinarian, and all other associates to maintain the flow of patients. The techniciatt shall understand the importance of each client and treat them with the highest level of care, competence, warmth, and profiessionalism. . Provide professional, efticient and exceptional service at all times. Tliis includes performing or preparing procedures that do not .require veterinarian ass.istance, completing preparato�y worlc for other procedures, ensuring that clients and pets are comfortable in the hospital, anci monitoring hospitalized or surgieal pets as allowed itt the state practice acts. . Duties pertaining to doctor support include patient care as assigned by the doctor, completing diagnostic tests and treatments ordered by the veterinarian, I.V. catheter placement, administering sedatives, assisting in surgical setup, performing anesthesia induction and monitoring, venipuncture, dentistry, patient care, assisting with exams, radiology, safe handling of animals and checking drug and vaccine dosing prior to administration and circulating in the Pi-ep and Client Patient Service Coordinating areas. Tasks related to daily practice include equipment maintenance, general cleaning and organization, accurately filling prescriptions and inventory monitoring. The job requires some lifting and standing far extended periods, some weelcend shifts and slcills. . Lducate clients abaut Optirnum Wellness Plans, client education and cammunication, client service, preventive care, pet health needs, hospital services and ather issues. .,_- • Obtain relevant infarmation and history fi•om clients and maintain propei° and complete medical charts. Shall have strong organizational slcills, attention to detail, and proficient in standard computer functions, and Microsoft Office products. • Ensure the safety of pets, clients and associates by utilizing safe restraining techniques, following standard protocols, and maintaining clean, sterile and organized treatment areas, exam rooms and labs. . Assist with surgery as applicable. • Utilize technical slcills t� the fullest, within state practice acts and as outlined in the NAVTA guidelines for Experienced Veterinary Technician slcills and duties. . Mentor other staff in the facility. • Other job duties as assigned. � ���+��°���a�� I"������i�:e� C:�r����ltas��it��� ;�N�t� ����t�r t���� i�,c�c���ir��������i� The CONTRACTOR and DVM/Experienced Veterinary Technician shall also deliver the following services with the understanding that this list is not exhaustive and contingencies may arise: A. Develop written methods and procedures for operating an independent sterilization and rabies vaccination program, with regards to: a. pre-surgical physical examinations to determine surgical c�ualifcation b. administering pre-surgery anesthetics c. surgical techniques d. post-operative recovery care and monitoring e. providing post-operative pain medicatian f. animal discharge care/complication instnictions g. post-surgical inquires and/or complications related ta sterilization surgery h. controlled drug control, inventory and record lceeping B. 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. C. Identify the minimum sterilization age of an animal D. Provide the nuinber of dog and cat deaths by causes (e.g., anesthetic, hemarrhage, anaphylactic, etc.} E. Provide statistics related to the number of dogs and cats sterilized and vaccinated for rabies .,_- , A. During the course of the contract, as requested by CITY, the CONTRACTOR will be available to accompany CITY's personnel when rneeting with the regulatory agencies. The CONTRACTOR will assist CITY's persannel on an as-needed basis in preparing reports, and praviding general technical support for the CITY's compliance effarts. B. Assisting CITY in the defense or prosecution af litigation in connection with or in addition to those services canteinplated by this Agreement. Such services, if any, shall be furnished by CONTRACTOR on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C, Assist with preparing applications and supporting documents for government grants, loans a�id providing data for detailed applications. D, Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or proceedings arising from the performance of this contract. E, The CONTRACTOR may also provide a DVM that can deliver unscheduled urgent care to animals coining into the City of Denton Animal Shelter during or after regular business haurs when the in-house DVM is nat on site. The cost af this service shall be in addition to the requirements of this contract agreement, and defined on the Exhibit A price sheet. , ,. , . �� � . This Contract shall become effective upon execution of this Agreement by the City and the CONTRACTOR, and shall remain in effect thni September 9. 2015, an initial one (1) year period. The City and the CONTRACTOR shall have the option to renew this contract for an additional two (2), one-year periods. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a tatal of six (6) rnonths. Services undertalcen pursuant to this contract will be required to cammence within fourteen (14) days of delivery of a notice to proceed, or issuance of a City of Denton Purchase Order. Time is of the essence in this Agreement. The services shall be accomplished per the Scope of Services as identified in Exhibit A. Renewal Periads: lst Renewal — 09/09/15 — 09/08/16 2°�i Renewal — 09/09/16 — 09/08/17 The CONTR.ACTOR shall inalce all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule establisl�ed by the CITY, acting through its City Manager or his designee. Page 8 • i . iu � ' �, Coinpensation Terms: 1. "Subcontract Expense" is de�ned as expenses incurred by the CONTRACTOR in employgnent of others in outside firms for services. 2� 66Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONTRACTOR for supplies, transportation, travel, cornmunications, subsistence, and lodging away from home, and sirnilar incidental expenses in connection with that assignment. Billing and Payment: For and in consideration of the prafessional services to be performed by the CONTRACTOR herein, the City agrees to pay a total fee, including reimbursement for direct non-labor expenses, not to exceed $700,000 over the three (3�vear �eriod. Invoices sha11 be sent directly to the City of Denton Accounts Payable Departinent, 215 E McKinney St, Dentan, TX, 76201-4299. 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 circuinstances arise. Invoices must be fully documented as to labor, matertals, and equipment provided, if° applicable, and must ref°erence the City of° Denton Purchase Order Number rn order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Partial payments to the CONTRACTOR will be made on the basis of detailed bi-monthlv statements rendered to and appraved by the City through its City Manager or his designee; however, under no circumstances shall any bi-monthlv statement for services exceed the value of the worlc performed at the time a statement is rendered. Nothing contained in this Article sha11 require the City to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, ar which is not submitted in compliance with the terms of this Agreement. The City shall not be required to malce any payments to the CONTRACTOR when the CONTRACTOR is in default under this Agreement. It is specifically understood and agreed that the CONTRACTOR shall not be authorized to undertalce any worlc pursuant to this Agreement which would require additional payments by the City for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the City. The CONTRACTOR shall not proceed to perform the services listed in Article Vl 66Additional Services,,, without obtaining prior written authorization from the City. ADDITIONAL SERVICE5: For additional services authorized in writing by the City in Article VI hereinabove, the CONTRACTOR shall submit invoices far additional services and such invoices shall be due and payable upon submission by the CONTRACTOR with CONTRACTOR's regular bi-monthlv statement as provided for hereinabove. Statements shall not be submitted more frequently than bi-monthlv. Page 9 F. Ensure a DVM provides oversight aftei° surgery to detennine complications, and offer post operative care. G. CONTRACTOR shall provide an annual report within fifteen 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 treated for lcennel cough. H. Working Paper and Rabies Vaccination Certificate Retention and Access to Worlcing 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 Code Title 25 Part 1. 2. A copy of each rabies vaccinatian certificate shall be retained and readily retrievable for a period of nat less than five years from the date of issuance. 3. The CONTRACTOR shall be required to malce worlcing papers or medical reports available to the city upon request. I. Full Shat Pacicage: The full shot pacicage is identified as in addition to the Rabies V1CC1IIat1OT1: 1. Dog- DHLPP and Bordatella 2. Cat- FVCRP and Fel/Aids �' � � � • � � � The City shall provide the surgical facility and equipment necessary for the above aforernentioned services that are expected to be performed. The City shall supply all necessary disposable rnedical and surgical supplies. The CONTRACTOR shall supply his or her personal protective surgical clothing, i.e. scrubs, footwear, headwear, etc. X-Ray equipment shall not be provided by the City. X-Rays shall be performed offsite at the contracted regular or after business hours urgent/emergency veterinary care segvices facilities. .• :11 � • ' Additional services to be performed by the CONTRACTOR, if authorized by the CITY, which are not included in the above-described Basic Services, are described as follows: Page 7 5, The Contractor represents that there are no legal impediments to enter into this contract and that this engagement daes not violate the terms of any agreement between the Cantractar and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietaiy interest, or a right to use. 6. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly perxnitted to perform services for other parties while performing services for the City. 7. The Contractor shall not perform services for other parties, on or within City of Denton facilities. •' • � � � ! ��i'i� ; The CONTRACTOR shall provide and perform the following services in a professional manner: .� � � � � ,� � CONTRACTOR shall provide a Doctor of Veterinary Medicine (DVM), licensed by tlle Texas State Board of Veterinary Medical Exarniners, on site for a minimum of twenty-four (24) hours per week at a ininitnum of three (3) non-cantiguous days. This shall result in a schedule of Monday, Wednesday, and Friday or, Tuesday, Thursday, and Saturday. The DVM shall comply with the State of Texas Occupations Code, Title 4, Chapter 801, Subchapter A, mare commonly referred to as the Veterinary Licensing Act, in the performance of this contract and duties. The DVM shall comply with the Texas Board of Veterinary Medical Examiners Rules of Canduct, Texas Administrative Code, Title 22, Part 24, and Chapter 573. The DVM shall also comply with all laws, polices, and procedures of the Federal Governrnent, State of Texas, and the City of Denton in the performance of this contract and duties. The CONTRACTOR shall provide a DVM which will be available to worlc at the facility during its regular operating haurs (8:00 am until 6 pm). The CONTRACTOR shall provide a DVM to participate in an advisory panel to assist with designing and inodifying protocols for treating animals at the City of Dentan Animal Shelter. The CONTRACTOR shall be able to interface with the medical module of the City of Denton Animal 5ervices ShelterPro software. Page 3 PAYMENT: If the City fails to malce payments due the CONTRACTOR for services and expenses within thirty (30) days after receipt of the CONTRA.CTOR's undisputed statement thereof, the amounts due the CONTRACTOR will be increased by the rate of one percent (1 %) per month, from and after the said thirtieth (30th) day, and, in addition, the CONTRACTOR may, after giving seven (7) days written notice to the City, suspend services under this Agreement until the CONTRACTOR has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the City to pay the late charge of one percent (1%) set forth herein if the City reasonably detennines that the worlc is unsatisfactory, in accordance with this Article VIII, "Compensation." .� ,',. R ■.: � .., ��... ' � �, .:,,. , ;..., � � . � The CONTRACTOR will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deiiciencies in the work of the CONTRACTOR or any subcontractors or SUB-CONTRACTORs. .• � � . ► � : � . !ii"a� i�� ►� ► : All documents prepared or furnished by the CONTRACTOR (and CONTRACTOR's subcantractors or SUB-CONTRACTORs) pursuant to this Agreement are instruinents of service, and shall become the property of the CITY upon the termination of this Agreement. The CONTRACTOR is entitled to retain copies of all such documents. . ., 1 " 1; � '• ,,�" CONTRACTOR and City acknowledge and agree that RSVP Services. Inc. is and shall be deemed to be an independent cantractor for the services he/she pravides under this Contract. Further, because RSVP Services. Inc. is an independent contractar, the parties agree: The City will malce na withholding for taxes of any type from the fee agreea upon in Article IV. All taxes, including, but not limited to Social Security, unemployment, FICA oi• other monies awned ta any 5tate, Local or Federal governmental entity, including applicable penalties and interest, are to be paid by CONTRACTOR and are solely the liability of same. In the event a claim is made against City for payment of taxes, penalties or interest for or on behalf of CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless City of such dainages, including costs and expenses. 2. City will not provide worlcers' compensation for CONTRACTOR for services perforined pursuant to this Contract. Page 10 3. This is a non-exclusive contract. CONTRACTOR is free to advertise and pravide his/her services to persons or entities other than the City. Further, City may use other CONTRACTORs or its own employees to conduct the same services as CONTRACTOR. 4. Any insurance the City may have for its facility described abave is solely for the benefit of the City. The City shall not be liable for injuries to property or persons (including death) which are the result of the activities of the CONTRACTOR. CONTRACTOR agrees he/she shall be liable far injuries to himself/herself or others caused by his/her own negligence, omissions, malfeasance, or intentional canduct. When applicable, for the services provided, CONTRACTOR shall provide insurance for the activity as pravided in the policies of the contract instructors prograin. 5. The CONTRACTOR represents that there are no legal impediments enter into this contract and that this engagement does not violate the terms of any agreement between the CONTRACTOR and any third party. Further, the CONTRACTOR, in rendering [his or her] duties shall not utilize any invention, discovery, develapment, improvement, innovatian, or trade secret in which [he or she] does not have a proprietary interest, or a right to use. 6. During the term of this agreement, the CONTRACTOR shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The CONTRACTOR is expressly permitted to perform services for ather parties while performing services for the City. 7. The CONTRACTOR shall not perform services for other parties, on or within City of Denton facilities. This contract shall not render the CONTRACTOR an employee, partner, agent of, ar joint venture with the City for any purpose. The CONTRACTOR is and will remain an independent CONTRACTOR in [his or her] relationship to the City. The City shall not be responsible for withholding taxes with respect to the CONTRACTOR's compensatian hereunder. The City will make no withhalding for taxes of any type fram the fee agreed upon in Article IV. All taxes, including, but not limited to 5ocial Security, unemployment, FICA or other monies owned to any 5tate, Local or Federal govermnental entity, including applicable penalties and interest, are to be paid by CONTRACTOR and are solely the liability of same. In the event a claim is made against City for payment of taxes, penalties ar interest for or on behalf of CONTRACTOR, CONTR.ACTOR agrees to indemnify and hold harmless City af such damages, including costs and expenses. City will not pravide worlcers' compensation for CONTRACTOR for services performed pursuant to this Contract The CONTRACTOR shall have no claiin against the City hereunder or otherwise for vacation pay, sicic leave, retirement benefits, social security, workers' compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The CONTRACTOR agrees to retain control and' ta give full attention to the fulfillinent of this Contract, and agrees this contract will not be assigned or Page 11 sublet without the prior written consent of the City. ,. il ' The CONTRACTOR shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, injuries (including death), claims, property darnages (including lass of use), losses demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out or of or resulting from the performance of this Contract ar caused by the negligent or intentional act or omission of the CONTRACTOR, its officers, agents, employees, subcantractors ar invitees. As a condition to the foregoing indemnity obligation, City shall provide CONTRACTOR with prompt notice of any claim far which indeinniiication shall be sought hereunder and shall caoperate in all reasonable respects with CONTRACTOR in connection with any such claim. CONTRACTOR shall be entitled to control the handling of any such claiin, with full disclosure of any and all claims, and actions taken thereunder, ta the City; and CONTRACTOR shall be entitled to defend or settle any such claitn, in its sole discretion, with counsel of its own choosing. Nothing in this agreement shall be canstrued to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, ta any claim, cause of actian or litigation filed by anyone nat a party to this Agreement, including the defense of governmental immtmity, which defenses are hereby expressly reserved. .. . � , . . During the perfaimance of the services under this Agreement, CONTRACTOR shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A or above: A. The Contractor shall pravided Comprehensive General Liability Insurance with bodily injury limits, liability, and property damage of not less than $1,000,000 for each accuri•ence and not less than $2,000,000 in the aggregate, and with propei•ty dainage limits of nat less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Cantractor shall name the City of Denton as an Additional Insured an the Comprehensive General Liability policy. Ma�la aed and A,pproved bv Citv o�,f'Denton Rzsk Mana en,g zent° B. Automobile Liability Insurance with cambined single limit bodily injury and property damage of not less than $500,000 for each accident. Waived by Cdtv o Denton Risk Manage�nent. C. The Contractor's Doctor of Veterinary Medicine is an independent contractor, and as such is nat required ta be covei•ed by ' worlcers' compensation insurance. The Page 1 `� Cantractor's Experienced Veterinary Technician shall also not be covered by ' workers' compensation insurance, but will be covered by the Contractor's accident policy, in accordance with Texas State Laws. Moda aed and A roved bv Crt�afDentan Rfsk Mana ement. D. The Contractar's Doctor of Veterinary Medicine shall obtain, and continue to maintain in fiill force and effect, a Professional Liability Insurance with limits of not less than $1,000,000 combined single limit for liability and $3,000,000 aggregate limit. The CONTRACTOR's Dactor of Veterinary Medicine shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverage's. Modi aed and ��praved bv Citv ofDenton RiskManagement. E. The CONTRACTOR shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. CONTRACTOR shall endeavor to provide CITY with any cancellation or modification to its insurance policies. Required notices of any insurance changes shall be delivered to the City of Denton within 10 days of such change. Modi aed and A roved by Citv of'Denton Rdsk Mana ement. ,, . , � . , � ,� • � � . , � � The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of ar relating to this Agreement, invalving one party's disagreement may include the other party to the disagreement without the other's approval. ,. • � � ' The City may terminate this Agreement at any time by 30 working days' written notice to the CONTRACTOR. In addition, if the CONTR.ACTOR is convicted of any crime or offense, fails or refuses ta comply with the written policies or reasonable directive of the City, or materially breaches provisions of this Agreement, the City at any time may terminate the engagement of the CONTRACTOR immediately and without prior written notice to the CONTRACTOR. In the event of tennination for cause, the CONTRACTOR shall only receive payment for worlc satisfactorily performed, approved, and accepted by the City. In the event of default of CONTRACTOR for any terrn or provision of this Contract, the City upon notice to the CONTRACTOR of such default, may terminate this Cantract without further obligations or liability. In the event of termination for cause, the CONTRACTOR shall only receive payment, based upon a pro-rate basis, less any damages incurred by the City for the default. The parties hereto acicnawledge that the services to be rendered by the CONTRACTOR under this contract and the rights and privileges granted to the City under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the Page 13 loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the CONTRACTOR of any of the provisions of this Agreement will cause the City irreparable injury and damage. The CONTRACTOR expressly agrees that the City shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach af any provision of this Agreement by the CONTRACTOR. Resort to such equitable relief, however, shall nat be construed to be a waiver of any ather rights or remedies that the City rnay have for damages or otherwise. The various rights and remedies of the City under this Agreement or otherwise shall be construed to be cuinulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. ,. � , � . . � � The CITY does not warrant or guarantee against the possibility that safety or environmental hazards or patential hazards may exist at the CITY's facility. The CONTRACTOR shall be responsible for identifying any hazardous canditions and notifying the CITY of these canditions in writing no later than 30 days after contract award and prior to initiation of service delivery on the praperty. All CONTRACTORs to the CITY are required to ensure absolute safety standards are applied and enforced. The CITY will not be responsible for individual contractor safety, and the awarded CONTRACTOR shall not hold the CITY responsible. Known hazards shall irnmediately be reported and all safety precautions shall be talcen to prevent potential safety issues from occurring. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of participants and others on or near the CITY's facility and shall comply with all applicable pravisions of Fedei•al, State, and Municipal safety laws. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ardinances and regulatians, which in any matter affect the CONTRACTOR or the worlc, and shall indemnify, defend and save harmless the CITY against any claim arising for the violation of any such laws, ordinances and regulations whether by the CONTRACTOR or its employees. . • �: • ♦ i� ! �i . 'J ` __ All notices, communications, and reports required ar perrnitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certiiied mail, return receipt requested, unless otherwise speciiied herein. Mailed natices shall be deemed communicated as of three (3) days' mailing: Page 14 '• •�► :G�IC�7; RSVP Services, Inc. Attn: Monica Hughes 2701 Hartlee Field Road Denton, Texas 76208 800-256-4078 To CITY: City of Denton Gearge Campbell, City Manager 215 East McKinney Denton, Texas 76201 940-349-7100 All notices shall be deemed effective upon receipt by the party to whom such natice is given, or within three (3) days' rnailing. . � •♦ . '�. If any provision af this Agreement is found or deemed by a caurt of competent jurisdiction to be invalid ar unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreeinent to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention af the stricicen provisian. .• � � . . The CONTRACTOR shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the worlc covered hereunder as they may now read or hereinafter be amended. ,. I1 " .. , �.�; p; ! In performing the services required hereunder, CONTRACTOR shall not discriminate against any person on the basis of race, color, religian, sex, natianal origin or ancestry, age, or physical handicap. CONTRACTOR agrees that in connection with the services to be provided to City hereunder that it will comply with all applicable laws and regulations regarding employment discrimination applicable to CONTRACTOR. .• �° � . . �i ,i� All services required hereunder will be performed by CONTRACTOR. All personnel engaged in warlc shall have the necessary slcills and experience, and shall be authorized and permitted under state and local laws to perform such services. Page 15 CONTRACTOR shall inform the City of any conflict af interest that may be discovered or arise during the term of this Agreeinent. CONTRACTOR shall complete and subrnit Exhibit B. ARTICLE XIX ASSIGNABILITY The CONTRACTOR shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. ,. �l � No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the parry to be charged therewith, and no evidence af any waiver or modificatian shall be offered ar received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver ar modificatian is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ,, �i A. The following exhibits are attached to and made a part of this Agreement: � , � � 1 '� I '; 1 1 1 �; � • �' � � 1 ' . � 1 � I B. The City shall have the right to audit and malce copies of the books, records and computations pertaining ta this agreement. The CONTRACTOR shall retain such boolcs, ieCOI'C�S, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be lcept until all audit taslcs are completed and resolved. These boolcs, records, dacuments and other evidence shall be available, W1tY11T1 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and ather evidence pertaining to this agreement, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Dentan. 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% ar greater Page 16 occurs, the i°easanable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days af receipt of an invoice. Failure to comply with the provisians of this section shall be a material breach of this contract and shall constitute, in the City's sole discretion, grounds far termination thereof. Each of the terms "boolcs", '°records", "documents" and "other evidence", as used above, shall be constglied to include drafts and electranic iiles, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpase of this Agreement, the lcey persons who will perform most of the worl< hereunder shall be the DVM and Experienced Veterinarv Technician However, nathing herein sl�all limit CONTRACTOR from using other quali�ed, licensed, and competent members of its finn to perform the services required herein. E. CONTRACTOR shall commence, carry on, and camplete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereo£ In accomplishing the projects, CONTRACTOR shall talce such steps as are appropriate to ensure that the wark involved is properly coordinated with related worlc being carried on by the CITY. F, The CITY shall assist the CONTRACTOR by placing at the CONTRACTOR's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging far the access thereto, and malce all provisions for the CONTRACTOR to enter in or upon public and private property as required for the CONTRACTOR to perform services under this Agreement. G, The captions af this Agreement are for informational purposes only, and shail not in any way affect the substantive terms or conditions of this Agreement. H, Notwithstanding any other provision in this Agreement, Contractor shall not be liable or held respansible for any failure to perform or delays in performing its obligations under this Agreement, which result fi•am circumstances og• causes beyand CONTRACTOR's reasonable contral, including, -without limitation, acts or omissions or the failure ta cooperate pursuant to this Agreement by City (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or casualty, act of God, strilce or labor disputes, war or other violence, or any law, order or requirement of any gavernmeiital agency or authority. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreeinent, the terms and conditions of this Agreement will control over the terms and canditions af the attached exhibits or taslc orders. Page 17 ,. � � ' . , � . � ; . � � � . The contract will be available for use by all governmental entities, providing there is no conflict with any applicable statutes, rules, policies, or procedures. The gover�unental entities will have the option to use the pricing as agreed to within the resulting contract. Provided that other governmental entities are interested in ordering fi•om the resulting contract, and other delivery locations are requested than originally agreed upon, the City of Denton and the awarded contractor will seelc a anutual agreeinent for pricing to other locations. Governmental entities will issue their internal purchase orders directly to the contractor(s), hawever, shall reference and cite the City of Denton contract number (RFP number) within the purchase order document. After award, the contractor agrees to pay a service fee not to exceed the amount of .50% of the dollar amount of all externally issued purchase orders generated from use of this contract by cooperative agencies, and is negotiable depending upon the contractor's volume of sales. For the purposes of responding to this RFP, the administrative fee of .50% shall be used in calcnlating the pricing specffied in the pricing section. The contractor further agrees to remit the service fee by checic on a quarterly basis for the previous quarter spent through this contract, to Julia Klincic, Purchasing Coordinator at 901B Texas Street, Denton, TX 76209, on or by the Fifteen day of each month, following the end of the quarter. The Contractor shall also provided quarterly sales reports from the Contract awards and Purchase Orders issued from the Contract, for the purpose of billing and collecting the service fee, and for compiling required purchasing history. This report shall be sent to purchasin�(c�cityofdenton.com on or by the tenth day of each month. The Contractor further agrees that the City of Denton shall have the right, upon reasonable written notice, to review the Offeror's records pertaining to purchases under this awarded contract to verify the accuracy of service fees charged to the Contraetor Page 18 ., - . , This Agreement, consisting of 19�pa�es arcd 4 exhibits, constitutes the complete and final expression af the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussians, communications, and agreements which may have been made in connection with the subject matter hereof, IN WITNESS [-li�:f�f:::�)i�, filY� City s��' ��rt�c���, 1�x��� l��t� c:si�s�€��� ll7i;� ��r�v��e�.�i to be executed by its cltrly+ <���tl�n�•ir�;�l City N�;�ra�s�;�r°. �r�c� �'C�N'TIi.A�'�'��� ��<�s �;��;��a���l �his ���-c�+�»���7t ll��°��ta�;l� iCs cl�aly �tnl�c��-ized t���c���i���i��ri �ilic��- c7�� tt�i� �1��: �,��"�� .�i��y of y a � � �(� � °' , ; , , , L �� ,. . .�.. r _.. �t.--,.-.w,. a . l` : • ,' �' . . �� �...� -�--""°" , �.. r"'• �� � r�. '. ... � "�+�'� ... �.... �I�i�l ��� , CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY; �` � 5 � � ,��^""' �' � 1�PP1 V�:l� �� "�} LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �..,.. �- � � �� BY. � � �� � ��� a��"�� � � �N �� WITNESS: RSVP Services, Inc. ,f�F � � ; � � � � " r � �F� . � �t �� r' ��� < + �` � : f �, � � � � � ,, 1 r"` , � � �,. � ��.__; �'1"�� [(„�l'�[�1;11 SI�iNr1T�� LT� ; �``I�C'L:�"�� �, �� BY ����..., �� ��, � � . � w...__ Y 1 � � ,, �� �::'`� � � �� Page 19 Exhibit A '' �' � ' � � Page 20 � • i 0 � i d � 4r O � � U W � � L 0 � N � .; L^, W � a� .� c� G � •L al aJ � L 0 � � 0 � � � O �^ L �hl •U 'L d M ^ Lli Lli ++ u f� i d^+ � 0 �.% _ ___. __ v � °o °o 0 •� o , � , � � m °�° ,.M� �, N N � O '1 � ^ a-� `i .�-1 O � U A N N r -v a, m E .�, � � � � � w 0 0 0 0 � � W � o - - F- O1 � � Y � o 0 0 o�n � ocn O J p � O .0 �O .V U � .f] d .L] d f0 _ � � F F O O = a� a I- � � N N � � ro o �n 'a=• c '�+ � � � � i � Q — � O v N VI Y �O N V lJ � � v � > '�' � C C N Ql -6 � 7 N � � � � � C N � � � � V � � d � > 7 "O � N N y N tl1 p tn i+ C C = U1 00 � '� 'u � c 7 � � � U ` c � a6i � � ° � � �'' N vt � ` ` � � � � � � U V U � C C Q Y '> 'Z ';, '�, �, � v v �, � � ;u � > t/i v v � ✓i ... > �% �! � Y � � O � b y�j tll 7 � U � vl a-+ Y- ` A � o o �� °: � f9 � � u p u c ,n v c � 'C .- C 00 � � � -c tll � N +� al ,v �i � ; C W � C � C ` w •U ` � V d U ro 41 .0 � Q J � J C N � N N � U = +� x � �x � +�-� j F v �Y r� � >� � $ �° _ �. ,� a � v�i N w :� � � C 7 . � � � ro Y Y O � O O Y y V) ), V1 L f0 -� a g � N � C � C C�.J C 2 C m � O O O 7 O � L �..i � Q N Z Y S Z Z = Y Q � - O 1 Q � � � �a I"- � _C N c � z � � v W Q = � ` r, :� — - ; �- � v a� �u a, � � � � � � � � p� W� j ���..'�,... ,� a�i o ° o a01i a�i �- W Z O '_c 3 Z Z � � � _ , � Q d 4. `�' ...m � d � vy W �-s � N N N m L ~ � � Q � .a t X W . . � . w a � + r a � .! w +r + . �; .; • , • .� .,.' �; , • ■.. r � • � . , • w ■ � s s • f �; � a a � � H � 0 � y � � � O i w w v c .� � .� � C .� � � w v U .� tl1 N � ro c .� � > a� yN..� �1�- O d O � � � ❑. tU U '� C O U Q1 � Z3 C � O d N t/? � �6 Q f0 V � � c s � .3 � a � .> O L �. � a� U .� 4J � � 0 c � � c� � � O O � N C � J � _ tlJ cB N �' (CS Q F- O C = O � � +° c .Q .� � � S � > � � � ��C L Q Q i 7 0 � � � a� c .w � s� 4J � N � 4J U .� f11 N � � c .� � > v � � O O O C7'1 � ro f2. ro U "6 C O V 4J � � C PO O O � � a� ro fl ro U � � c s � .3 � a � .> O L Q � � � � � u a. � O � C � o � +� .0 � L � � � � � > � � O � O ¢ d1 ro V � U c a � v � w � � u � � A � � U ro }, �V � N d � � N � � � t0 � C � �L � a � \v w / � V � O x 4- ai ` � {-+ .4-� � L � O (> Z u .� tJ N d U i N � a1 � w -� c � � � L � � � � W � .� Q � c � d U c � � � d 1 i 1' 1 ' ' ' 1 Page 21 �� 4 � �e. � . � ��C�Ni=LI�T �F INTEREST C�UESTIQNNA[RE FORM CI� �or �•es►dar or other'person dain� business with Iacal �;vvernrnental entih� _ .......� — -.� 1'his qucstionuaSrc refleets cl�augcs made to �hc l3� by H.S. 1491, 80th I.c�., �icgulnr,Scssion. dFFICB USE Q`TLY TF�is queS�EOnnaire is b�ing filed in acepr:lanc:c with chapler 1 j6 aF the Lqcal Go�mcnt Cade by a person pax Roc.iucd who has a business relationsliip �s defned by �ec�ion 17a,U41{J,�) ��irh a local governme�tital e��t�ty and the person m�nts �c�airements un�r S��ion 17o,0U6(a), ]3y {aw this questipnnaire masf he filec� with the reconis administrator nf Ehe lacxl governn�ent entity not ]xter thna the 7th business day afler the dare the person becornes aa�are of €acts that reGuine the stat�ement to be filed. 5ec 5e�:tion 175.U46, Lacal Gavernm�nt C:ode. A person cqminits �n offense i#'the person knp��ing]_y violates Section 176_OOQ, Laeal Gavernmenl Code_ .'�n raf�"en� �s�d�r �i�zy ��cric�t� �t� �a l;G��� C;' n�s��e��e+�r�t��, 1 iV��s� af persan who has � i��sinc4s rel,ntionshfp with inc�l �cr�,��°s���a�zs^��[ �srtCRg�. `. 2' � Cliesk this box if rou are filing an updaie � a pietiious�l� filed quesfloonalre. (Thc law rayuires that yoN ('ilv an updatcd oompl�tod y�ustionnfti[t with q�o apprap�iatc �iling e,utho�iry nol lator than tho ?" busin� ciay aikr ihc datp thc vriglnally fjlad qi�t36nne3rc b�mFS inpompl�to ot !"^^^••"��.} � Wfune nf le�l gpv�lnmon! Vfueer wiih utwm RIGr hac un rmn1V�'ment Pr h�inesg rclatiaryhiP. hanie of Officcr ' Tl+is seation,- (ilerr� 3 ircduding subparts A, B, C 8 pJ, fr�ust be eomplatad ior e2cl� ail�aet with whom �w Glet has �n emplpytnenl or olh� business ra[ationahip as dafinad by Secpon 176.Q09,1-aj. Local Govemineni Code. attach additio�al pages W rt+1s Forvn Clp as �eaessary, . A. Is lho [ocal gav�mrnent olfic�r named in lhis seclion rgoeivina or likely � �eceive raxable income, alhar Ihan inveslmenl incoine, frain lhe filar of lhe questiannaiYa? , � Yes � F!o 8. Is lhe 61ar af lhe ques6onnain: raceiving or fik�ly t� receive iaxable inc�me, o[h�r lhan invcslinenl i�aorne, fr�m or ai dur dirECiion of lha local aovernme�loffic�rnamed in lhis secmon AND lhe larahle in�ome is nolrace"nred k�brn lhe loca� govemme�[al enfityr? � Yes � No C. Is lhe filer of Ihis quealionnaire empfoyed by a c�rporlion or a�er businesa enlity wilh respect lo which fha loral qovernmenl affcer serves as an afficer or direcmr, or holds an o•rrnership of 10 percenl or moie? ' Y°s No �. Describe earh a�ilialion or business �lalionship. Q �._ __ � . 1 {L�. �' P�r a _ � —..,—�•�. � � �. i`r°� � � _.._W ,_.. � Slgnature of p�rson d a business wiih lhe govemmenfal esility bale Exhibit C � , � 1i • , i Page 23 . ... ..a... ._ . 1 �•F.rv � � ciC. � — DEl\TT�N City of Denton Purchasing 901-B Texas St. Denton, TX 76209 Phone: (940) 349-7100 Fax: (940) 349-7302 yuww.dentonpurchasinq.com Substitute W-9 Form The IRS requires all vendors to complete a W-9 Form. The information on this form must be filled out, signed and submitted by a vendor representative. All information must be completed before a purchase order or payment will be issued. Name as shown on your income tax return Tax ID/Social Security #: ��` i� ���i���'�'�� �� - .�4 � - i r� �... q �i � �--- Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxtaxpayer identification number (or I am waiiing for a number to be issued to me), and 2. 1 am not subject to backup withholding because (a)1 am exempt from backup witholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a US citizen or other U.S. person-for fededral tax purposes as defined at the bottom of this page*. Authorized ���n�t�r�._�� ����-- Printed Nar�e;��,� .l.��� �. �.,^- Mailinq Address: NN Company Name: � U� s�(�L,1� j C� � 1!� e. Contact Name: Q� � -f'f iJ C �-i G_S Address: '�� (� 1 i'� i}!� 1{:.. �� r i EL�.J K-(J D� l.i � o� , T�c °7 b 20 8 Check appropriate box for federal tax classification (requiredl: _ __ __ IndividuaU ,_,.,/ � Sole Ly Corporation � Partnership Proprietor Must designate C or S � ❑ C �Exempt ,;�/ S ��....�.. ua Business 7ype Type of Organizalion: Real Estate ❑ RenlallLease (A1) �Services Only (A- 7) ConsultanUProf � Fees(A-7) Minority �� Owned Equipment ❑ Ren�av�ease (a-sy Merchartdise- ❑ Goods Only (A-7) Proceeds from Real Estale n Purcr,as�s csy ❑ Female Owned Email: NIerJ1C/.1 •�{�,i61-Fr.S � � le�t/i l°GI� Website: �Jf,v�. j�"ELi�FJ�'�. C.dl� Phone Number. PjQQ- Z,�f,�— �d i g Fax Number: � (j � �i �" � ° � � � �p Limited Other � Liability � Please s eci Corporation P �' � RoyalUes (A-2) � Merchandise & ❑ Services (A-7) ❑ ❑ Non Profit ❑ MedicaUHealth Care (A-6) Legal Flrm/Attarney (A-C) Historically Underutilized Business 'Definition of a U.S. Person-For Federal Tax purposes, you are considered a U.S. person if you are: (a) an individual who is a U.S. citizen or U.S. resident (b) a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States (c) an estate (other than a foreign estate), or (d) a domestic trust (as defined in Regulations Section 301.7701-7). COD Page 1 9/2312011 Vendor Information Not Required for W-9 Form Remit Address (if different from abovel ACH Information-VoluntaN Company Name: 'il� IN�.� ABA Routing#: j( ��(� �-1 n I� �....� ._. ContactName: ContactName: l�j►��A /n1)�f"I�.�iJ,- Address: Email: Phone Number. Fax Number: List Products and/or Services Interested in Biddi Bank Account# � _� �' �°`Tj '� � 'j� � Bank Name :�1.D�T!-� S l� iz 'b/t'/.� �!� � T�aC� ACHEmail: j,a�.(D�}. ���ELL� `1'A�'T�.C�: ACH Email : Phone Number. � ,,��"��� � Fax Number: t, ^ .� ,-��"�� � �_'� �' �__ I(we) authorize the City of Denton to deposit payments Into the checking account listed. The authority remains in effect until the City of Denton has received wrttten notiflcatlon from me of termination In time to allow reasonable oppottunity to act on it, or until the City of Denton has sent me written notice of termination of the agreement. Vendor Signature � _ �� Print Name/Title �/3 ,����'� Date Q_ 1. _1?_ 1 ! `1 For Internal Use Only ❑ New Vendor ❑ VendorChange ❑ Refund Requesting Department: Qepa�tment Representative (Printed Name) Purchasing Signature: Vendor Num6er � Date: Date: Page 2 9/23/2011 Exhibit D � . . . . . '� ��� DATE (MMIDDIYYW) ���"� CERTIFICATE OF LIABILITY INSURANCE 09/02/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hvlder �s an R[�C��TIG�NAL �NSU�Ei], the policy(ies) must be endorsed. li SU���GA�'9C7�1 IS YUAiV��, 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 enci�rseni�rtt�sy. PRODUCER w�Mba.'�� FORTWORTH�INSURANCEAGENCYINC DELTA GENERAL AGENCY CORPORATION 4848 LOOP CENTRAL DR SUITE 1000 HOUSTON TX 77081 INSURED RSVP &ACT INC 2701 HARTLEE FIELD RD. DENTON TX 76208 • 817-292-2929 �aic. INSURER�S) AFFORDING COVERAGE iNSUReRn: SCOTTSDALE INSURANCE CO INSURER B : 8tusli��r� c ; INSURER D : INSURER E : F: E:�r��z�zi�i�� NAIC # 41297 COVERAGES ��R°EIF�CAT� Nl�hli��1�: R�VI�ICJM11 N4JY1ll���: ___ __ _ THIS IS 70 CERTIFY THAT THE pOLICIES OF INSURANCE LISTEb BELOW HAVE BEEN ISSUED 70 THE INSUREb NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWI7H5TANDING ANY REQUIREMENT, TERM OR CONDI710N OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS ANb CONDITIONS OF SUCH POLICIES, LIMITS SHO�1 MAY HAVE BEEN REbUCED BY PAID CLAIMS. ._ _ i TR TYPE OF INSURANCE -IticR wv❑ ���� POLICY NUMBER 1�h4���,fYy'YY�� E.1h1I9�g7�^YYY LIMITS _. . ._..__. . ..,..,. „ -- — GENERAL LIABILITY EACH OCCURRENCE 'k 'I,,OOO,OOO x annn� u KtNTe[i � 100.000 ��1MMERy.SF^.1..�1�*V�,R.f1i. [.4RiP�li.f�Y PRFMISFClFa_ nr.ciirrencel .........�.. __w..� � ..... CLAIMS-MADE �(7CCUR MED EXP fAnv one oersonl � R 5,��0 �� A Y CPS1846518 09/25/2013 09/25/2014 PERSONAI.SADVINJURY ' R EXCIUded � GENERALAGGREGATE � 2,000,000 .�� ___. _ � C��fv�'I..A,�ai:a4`ti�.�Ai'f''� LIMIT�9�f"iE���PER: PRODUCTS-COMP/OPAGG R ....__ 2,000,000 X vrax.YCt+ �Ri7• t,�,u $ _ AUTOMOBILE LIABILITY f1LFA.83NEU S�h1.C'iL � L18w1€'1' t� �acr,iC1tan � ANYAUTO BODILYINJURY(Perperson) $ ALL ONrtJED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS �� HIREDAUTOS �'�, NdN-OV�MED FROPt}z7"YDAMp1.C�E � AUiOS �oor nanr� , .._.. $ � UMBRELLA LIAB � OCCUR Eac;w nc;r:�7RRENCE � EXCESS LIAB '���. ri qiMS_Mqnp A(;rREGATE �$ DED '� RFTFNTIfINA � ....�...�...:...� � ..�...,. . .... ......_.._.., __ . __.__._ �.....� � WORKERS C��R9l�E�k�1kTIC5��Cd � WC STATU- � OTH-. TfIAV I IMITC GI� AND EMPLOYERS' LIABILITY Y I N L ANY PROPRIETOR/PARTNER/EXECUTIVE � N� A E.L. EACH ACCIbENT . 3 OFFICER/MEMBER EXCLUDED? �'�� (Mandatory In NH) E L. DISEASE - EA EMPLOYEE ��. $ If yes-describe under l�f:SS':��k�If�I'!L'}M1J C3..�� f"��'��1�T€'�?t�l�, hr�.lt�u E L DI$EASE - POLICY LIMIT �� S .... .�.�...._�..... a � ......_..... � . .. � �...........�.... .... ��DESCRIPiION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space is requlred� City of Denton 215 Eas4 McKinney Street DENTON TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 7988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD