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HomeMy WebLinkAboutItem 12 - Veterinary Medical ServicesMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: AUGUST 1, 2023 SUBJECT: VETERINARY CONTRACT FOR ANIMAL SERVICES RECOMMENDATION: City Council to consider the award of an annual contract for veterinary medical care from Relief Services for Veterinary Practitioners, RSVP Services, LLC. for the Police Animal Services Department. FUNDING SOURCE: Funds are available in the General Fund (Police Department) for an annual estimated amount of $200,000. BACKGROUND: This purchase is for veterinary medical care services for the shelter animals to be performed at the Animal Shelter, including sterilization, vaccination, testing, examinations, procedures, medication, grooming, and other surgical services. This procurement of veterinary medical care of the shelter animals will be made as a professional service purchase from RSVP Services, LLC in accordance with Local Government Code Chapter 252, Subchapter B, § 252.022. General Exemptions (a) (4). Additional renewals will be based on veterinary medical care performance of the vendor. Staff recommends approval. Agreement, Relief Services for Veterinary Practitioners and City of Grapevine Relief Services for Veterinary Practitioners SERVICE AGREEMENT This service agreement (Agreement) is entered into this day of August, 2023 by and between Relief Services for Veterinary Practitioners, RSVP Services, LLC. (Dba RSVP), a Texas corporation located at 2701 Hartlee Field Road, Denton, TX 76208, and the City of Grapevine, a Texas municipal corporation, located at 200 South Main Street, Grapevine, TX 76051 (City). DEFINITIONS Fiscal Year —The City conducts business across a period of time identified as twelve (12) consecutive months. The City's fiscal year is from October 1 to September 30. City —The animal care facility located at 500 Shady Brook Drive, Grapevine, Texas, 76051, that is owned and operated by the City and operated for the purpose of protecting the health, safety, and welfare of domestic and wild animals in the community and those brought to the City. Independent Contract Veterinarian(s)—A Licensed Doctor of Veterinarian Medicine (DVM) under contract with RSVP, in good standing with the State Board of Veterinary Medicine and fully authorized to practice all levels and/or types of veterinary medicine in the State of Texas in which he/she wants to work Shift(s). RSVP —Abbreviation for Relief Services for Veterinary Practitioners. RSVP Employee(s)—Any non -veterinarian member, including, but not limited to, receptionist(s), manager(s), veterinary assistant(s), and/or veterinary technician(s), whose contact with the City was initiated by/through RSVP. Shift(s)—One or more temporary working arrangements, constituting a full or partial day timeframe, in the City. Multiple days represents Shifts. Saturday Shift(s)—Shift(s) that occur at/or during daytime operational hours at the City on a Saturday and are defined as a minimum of five (5) hours with no expected lunch. Weekday(s)—Defined as Monday, Tuesday, Wednesday, Thursday, and Friday. Weekday Shift(s)—Shift(s) occur at/or during hours that are approximately from 0600 to 1800 hours and/or hours when employee(s) are working at the City. Weekday shift(s) are not to be confused with the retail hours the City is open to the public. RECITALS: The City has a need to engage an Independent Contract Veterinarian(s) and/or RSVP Employee(s) for shift(s) with Independent Contract Veterinarian(s) and/or RSVP Employee(s) Page 1 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine desiring to work shift(s). RSVP desires to provide these services for the City pursuant to this Agreement. The City desires to contract with RSVP to identify and schedule Independent Contract Veterinarian(s) and/or RSVP Employee(s) to work on shift(s) basis, as needed, or to hire an Independent Contract Veterinarian(s) and/or RSVP Employee(s) as a full-time or part-time employee of RSVP. DUTIES OF RSVP: • Use its best efforts to identify an Independent Contract Veterinarian(s) and/or RSVP Employee(s) to fill shift(s) or permanent placement request that satisfy the criteria of the City. No guarantee is made that RSVP will be successful in filling the requested shift(s) or placement(s). • Maintain an active profile on the City regarding Independent Contract Veterinarian(s) preferences of the City. • Collect and remit shift(s) fees to the Independent Contract Veterinarian. • Ensure that Independent Contract Veterinarian(s) provided by RSVP will be properly licensed by the State of Texas to practice all aspects of Veterinary Medicine and possess, manage, and dispense, in accordance with State laws and professional regulations, all forms of veterinary medication (over the counter, controlled substances, and/or all regulated pharmaceuticals). • Independent Contract Veterinarian(s) and/or RSVP Employee(s) shall provide their own professional liability insurance coverage. • RSVP shall enroll as a vendor with the City of Grapevine, completing all required documentation and shall remain, across the length of this service agreement, an approved vendor with the City of Grapevine. DUTIES AND RIGHTS OF THE CITY: • Notify RSVP in advance, as reasonably as possible, of impending needs for shift(s) to be filled. • Notify RSVP in advance and in compliance with this Agreement when shift(s) are eliminated or not needed. • The City has the right to accept and/or refuse any Independent Contract Veterinarian(s) and/or RSVP Employee(s) as they are presented by RSVP to fulfill the shift(s). • Acceptance of RSVP's Independent Contract Veterinarian(s) and/or RSVP Employee(s) for specific shift(s) should occur within 24-hours to insure their availability. • Cancellation provisions, as described below, do apply once acceptance has occurred. TERM AND TERMINATION: The initial term of this Agreement shall be for the period commencing on the later date signed by one of the authorized parties and continue in effect for one (1) year. Thereafter, the Agreement shall renew, automatically and on an annual basis, unless terminated by either party. Either party may terminate this Agreement, at any time, by giving no less than thirty (30) days' prior written notice to the other party. At any time while this Agreement is in effect, either party may terminate the Agreement for cause, including insolvency and material breach, provided the non -defaulting party gives the other party written notice detailing the nature of its material breach of the Page 2 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine Agreement. If the material breach remains uncured 30 days after notice to the breaching party, or if the breach is of a nature that cannot reasonably be cured in such 30-day period and the breaching party has failed to diligently commence and pursue actions necessary to cure the breach, then the non -defaulting party may terminate this Agreement at any time by providing written notice of the date of termination to the other party. Upon termination of this Agreement, RSVP will return or dispose of the other party's Confidential Information in its possession or under its control and the City will pay RSVP for all Services performed through the effective date of the termination. Additionally, the City shall honor shift(s) scheduled prior to notice of termination occurring during the 30-day period of notice, subject to the Cancelation Policy below. FEES FOR INDEPENDENT CONTRACT VETERINARIAN SHIFT(S): • City will pay RSVP a predetermined fee per shift(s), due within ten (10) business days of the completion of the shift(s), except where consecutive shift(s) are involved, in which case compensation shall occur within five (5) business days of the last working day. Federal and City recognized holidays are excluded from all calculation(s) of business days. Fees for consecutive shift(s) extending beyond seven (7) business days shall be paid to RSVP by the final business day of the following week. • The City agrees to pay RSVP $1000.00 for a five (5), consecutive working hour period, three (3) shifts per week, for an Independent Contract Veterinarian(s). This will be fifteen (15) working hours per week. • Shift(s) that exceed the hours defined above may be billed for additional hours worked at an hourly rate not to exceed the hourly rate for normal working hours, by RSVP on a rounded -up (fifteen (15) minute increments) hourly basis. • Fees for Sunday, custom circumstances, emergency services, and night shifts will be determined on an individual basis. • Any dispute on charges or shift(s) shall be brought to the attention of RSVP and the City, in writing, within ten (10) business days of the date of service being called into question. If the issue is not brought to the attention of RSVP and/or the City within the ten (10) business days, the service will be expected to be paid in full by the due date on the invoice. • For purposes of recognizing a holiday for non -working day(s), RSVP and/or the Independent Contract Veterinarian(s) shall utilize the eight (8) holidays recognized by the City and in accordance with when the City authorizes non -working day(s): o New Year's Day o Memorial Day o Independence Day o Labor Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day FEES FOR RSVP EMPLOYEE SHIFT(S): For other services, RSVP Employee(s) are billed by the hour, on a rounded -up (fifteen (15) minute increments) hourly basis, with a 5-hour minimum per day. The City agrees to pay RSVP $31.00 an hour for a veterinary technician. The City desires to acquire a veterinary technician for thirty-two (32) working hours a week. For purposes of recognizing a holiday for non -working day(s), RSVP shall utilize the eight (8) holidays recognized by the City and in accordance with when the City authorizes the Page 3 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine non -working day(s): o New Year's Day o Memorial Day o Independence Day o Labor Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day Nothing in this service agreement prohibits the City from requesting additional RSVP Employees, under the terms of this agreement. Billing costs for additional RSVP employees, not described in this service agreement, are subject to assignment type. HIRING RSVP EMPLOYEE(s): In the event that the City of Grapevine desires to hire and/or hires, either directly or through a third party, an RSVP Employee, during the terms of this agreement or within six (6) months of termination of this agreement, independent of RSVP, RSVP shall be compensated with the placement fee. Placement fees would be in the amount of $6,000.00 for a veterinarian technician and/or $25,000.00 for a Doctor of Veterinarian Medicine (DVM). This agreement applies to all personnel assigned from RSVP or those whose initial contact was initiated by RSVP and the City of Grapevine, either verbally or in writing, and extends for a period of 6 months beyond the most recent communication or contracting of RSVP personnel. Failure to communicate this intention does not relieve the City of Grapevine of its commitment to pay the RSVP the placement fee. CANCELLATION POLICY: Cancellation of a scheduled RSVP Independent Contract Veterinarian(s) and/or RSVP Employee(s) shift(s) by the City shall be communicated at least ten (10) business days prior to the scheduled shift(s) occurring. If the City cancels shift(s) in less than ten (10) business days of the scheduled shift(s), a cancellation charge of 20% of the shift(s) fee may be charged. A cancellation made less than twenty-four (24) hours in advance of scheduled shift(s) may result in a charge of no more than 50% of the service rate for the canceled shift(s). GENERAL PROVISIONS: 1. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. 2. Any litigation brought forth from this Agreement shall be litigated in Tarrant County, Texas. 3. In the event any action or suit is brought by either party by reason of any default or breach of this contract by the other, then the non -defaulting party shall be entitled to recover from the defaulting party all its costs and/or expenses of suit, including reasonable attorneys' fees and costs. 4. An Independent Contract Veterinarian(s) scheduled by RSVP is not covered by RSVP Workers' Compensation Insurance nor the City's Workers' Compensation Insurance, as they are neither employees of RSVP nor the City. The Independent Contract Page 4 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine Veterinarian(s) shall be required to secure Workers' Compensation Insurance or like coverage as determined by specific State laws. The Independent Contract Veterinarian(s) shall provide RSVP and the City a copy of the Workers' Compensation Insurance or like coverage before shift(s) may be scheduled (Professional Liability Insurance Trust coverage). 5. RSVP will use its best efforts to supply an Independent Contract Veterinarian(s) and/or RSVP Employee(s) that meet the needs of the City. 6. RSVP provides and maintains, at all times, during the term of this service agreement, an accident policy covering all RSVP employee(s) (temporary technicians and receptionists). 7. RSVP provides and maintains, at all times during the term of the service agreement, a Workers' Compensation Insurance policy covering all RSVP Employee(s) while RSVP employee(s) are working shift(s) at the City. It shall be the responsibility of RSVP to pay the premiums of and handle the administrative duties associated with this Workers' Compensation Insurance policy for RSVP employee(s). RSVP shall provide the City a copy of the Worker's Compensation Insurance policy for each RSVP employee assigned to and working at the City. 8. RSVP reserves the right to propose changes and/or adjustments to any section of this service agreement as deemed necessary by RSVP after notifying the City of proposed changes, in written format, at least thirty (30) days before the proposed effective date of the change. 9. Any proposed increase, by RSVP, of service cost(s) for the forthcoming fiscal year for the City shall be submitted to the City no later than March 1 of each year, before the beginning of a new fiscal year planning. 10. RSVP in no way guarantees the results or performance of its Independent Contract Veterinarian(s). 11. RSVP shall guarantee that all training, licensing, certifications, etc. for RSVP employees is adequate and current to the meet the needs of the City and to be, and remain, compliant with legal standards, professional standards, and expectations, at no cost to the City. 12. Any compensation not paid after the expiration of 30 days from the completion of a shift(s) shall be charged an interest at a rate of 1 % per month. Payment will be billed by and payable to RSVP. CONTRACT AGREEMENT: I, the undersigned, do hereby acknowledge that it is the goal and practice of RSVP to provide the City with qualified and professional staff. It is expressly understood and agreed upon that Independent Contract Veterinarian(s) shall operate as an independent contractor, as to all rights and privileges granted herein, and not as an agent, representative, or employee of the City. Independent Contract Veterinarian(s) shall be liable and responsible for any and all property loss, property damage, and/or bodily injury to person(s) and/or animal(s), including death, to the extent caused by Independent Contractor's negligence, gross negligence, or intentional misconduct. RSVP shall have the exclusive right to control the work of RSVP employee(s) and shall be solely responsible for the negligent acts and/or omissions and/or willful misconduct of its employee(s). RSVP acknowledges that the doctrine of respondent superior shall not apply as between the City, its officers, agents, servants, employees, and RSVP and its RSVP Employee(s). RSVP further agrees that nothing herein shall be construed as the creation of a partnership and/or joint enterprise between the City and RSVP. It is further understood that the City shall in no way be considered a Co -employer or Joint employer of RSVP or its RSVP Employee(s) and/or Independent Contractor Veterinarian(s). Page 5 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine I acknowledge this Texas veterinary practice is owned by a licensed Texas veterinarian and is in full compliance with the Texas Veterinary Practice Act. I accept responsibility to notify RSVP immediately if this changes. I acknowledge this entity is a non-profit/exempt from ownership by a Texas licensed veterinarian and is in full compliance with the Texas Veterinary Practice Act. I accept responsibility to notify RSVP immediately if this changes. City of Grapevine Agent, City Manager Bruno Rumbelow Relief Services for Veterinary Practitioners, RSVP ATTEST: Tara Brooks, City Secretary Page 6 of 9 Date: Date: Agreement, Relief Services for Veterinary Practitioners and City of Grapevine Relief Services for Veterinary Practitioners HOSPITAL EVALUATION THIS EVALUATION IS DESIGNED TO HELP US PREPARE TO MEET THE SPECIFIC NEEDS OF THE CITY. BY KNOWING THE NEEDS AND EXPECTATIONS, RSVP WILL BE ABLE TO PROVIDE THE CITY WITH THE APPROPRIATE STAFFING ON A TEMPORARY AND/OR PERMANENT BASIS. THIS FORM MUST BE COMPLETED, SIGNED, AND RETURNED TO RSVP BEFORE SERVICES CAN BE RENDERED. PHYSICAL ADDRESS: CITY 500 SHADY BROOK DRIVE GRAPEVINE, TEXAS 76051 PHONE:817-410-3370 OWNER: CITY OF GRAPEVINE BILLING ADDRESS: CITY 500 SHADY BROOK DRIVE GRAPEVINE, TEXAS 76051 FAX: 817-410-3057 CONTACT EMAIL: KVALENTINE@GRAPEVINETEXAS.GOV I acknowledge this entity is a non-profit/exempt from ownership by a Texas licensed veterinarian and is in full compliance with the Texas Veterinary Practice Act. I accept responsibility to notify RSVP immediately if this changes. OFFICE MANAGER: Kristina Valentine CONTACT FOR ACCOUNTING KRISTINA VALENTINE PHONE: 817-410-3370 CITY HOURS: EMAIL: KVALENTINE(ci)GRAPEVINETEXAS.GOV EMAIL: KVALENTINE(d)GRAPEVINETEXAS.GOV AFTER HOURS CONTACT PHONE: 817-223-5638 Sun Mon Tues Wed Thurs Fri Sa Pm CLOSED DOCTOR HOURS: Sun Mon Tues Wed Thurs Fri Sat am pm Page 7 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine PRACTICE/FACILITY TYPE (CIRCLE ALL THAT APPLY): SMALL ANIMAL LARGE ANIMAL EMERGENCY NONPROFIT/SHELTER VACCINE CLINIC EXOTICS EQUINE OTHER: WHAT PRACTICE MANAGEMENT SOFTWARE ARE YOU USING? PET POINT WHO HANDLES AFTER HOURS PET EMERGENCIES? KRISTINA VALENTINE; 817-223-5638 HOW DID YOU FIND OUT ABOUT RSVP? BID RESPONSE AT RSVP IT IS OUR IDE THE CITY WITH EXCELLENT CUSTOMER SERVICE AND A VETERINARIAN THAT MEETS THE NEEDS OF THE CITY AND EXCEEDS THE EXPECTATIONS OF THE CITY. PLEASE ANSWER THE FOLLOWING QUESTIONS SO YOU MAY BE BETTER SERVED. PLEASE RATE YOUR METHOD OF CONTACT IN ORDER OF PREFERENCE: CLINIC PHONE FAX CELL PHONE EMAIL TEXT MESSAGE DESCRIBE YOUR IDEAL RELIEFVETERINARIAN: PLEASE RATE THE FOLLOWING CHARACTERISTICS IN ORDER OF IMPORTANCE: EFFICIENCY BEDSIDE MANNER PERSONALITY PROGRESSIVE MEDICINE COMPASSION PRODUCTION COMMUNICATION SKILLS SURGICAL SKILLS LANGUAGE REQUIREMENTS: ENGLISH SPANISH OTHER APPOINTMENT INTERVALS: CLIENT SERVICE SKILLS INTERPERSONAL SKILLS Page 8 of 9 Agreement, Relief Services for Veterinary Practitioners and City of Grapevine IS SURGERY A REQUIREMENT? YES NO IF YES, PLEASE EXPLAIN: VETERINARY DRESS CODE: BRIEFLY DESCRIBE YOUR PRACTICE: (neighborhood, clientele, values, etc.) PLEASE LIST ANY ADDITIONAL INFORMATION OR REQUIREMENTS BELOW: Page 9 of 9