Comal County Commissioners Court. Draft MEMORANDUM OF AGREEMENT AND AGREEING PARTIES

Transcription

1 Comal County Commissioners Court MEMORANDUM OF AGREEMENT CREEK VIEW VETERINARY CLINIC, P.C. AND COMAL COUNTY, TEXAS AGREEING PARTIES This memorandum of agreement is entered into between Comal County, Texas, a political subdivision of the State of Texas (hereinafter referred to as County ) administered by the Comal County Commissioners Court and Creek View Veterinary Clinic, P.C. (hereinafter referred to as the Clinic ). The intent is to cover services rendered under the terms of this agreement for veterinary services. SERVICES The Clinic shall be duly licensed to practice veterinary services in the State of Texas and shall provide veterinary services according to the rules and regulations promulgated by the Texas Department of Health Services. The Clinic shall provide veterinary services upon the request of the County according to the fees shown in Attachment A and herein incorporated by reference. STANDARDS The Clinic shall practice at Creek View Veterinary Clinic, located at 1121 Eikel Street, New Braunfels, Texas. The Clinic shall perform its duties in accordance with the ethical requirements of its profession and all applicable federal, state and local laws, regulations and ordinances. PROFESSIONAL LIABILITY INSURANCE The Clinic shall be solely responsible for providing its own Professional Liability Insurance Coverage and will furnish the County with a copy of the policy. Page 1 of 4

2 PAYMENTS The County will make payments to the Clinic in accordance with the amounts in Attachment A. Checks will be sent to Creek View Veterinary Clinic, 1121 Eikel Street, New Braunfels, Texas 78130, within 30 days of invoice. Checks are to made payable to Creek View Veterinary Clinic, P.C. TERMS OF AGREEMENT This agreement is for the period March 12, 2015 through December 31, The County and the Clinic may renew this memorandum of agreement upon written consent of both parties. Refusal by either party to renew shall require this agreement to expire on the original or mutually agreed date. Either party may terminate this agreement with thirty (30) days written notice. In the event the Clinic fails to fulfill any of the conditions of this agreement, the County has the right to terminate this Agreement immediately. The failure of the County to receive appropriate monies for this program shall automatically terminate this agreement at the end of the applicable fiscal year. NOTICE Any notice or other communication required or permitted hereunder shall be in writing and shall be deemed to have been duly given on the date of service if served personally, or three (3) days after the date of mailing if mailed, by first class mail, registered or certified, postage prepaid and addressed as follows: For the COUNTY: For the CLINIC: Comal County, Texas Creek View Veterinary Clinic, P.C. C/O County Judge 1121 Eikel Street 199 Main Plaza New Braunfels, Texas New Braunfels, Texas Fax (830) With Copy to Purchasing Agent: Comal County Purchasing Agent 178 E. Mill New Braunfels, Texas RELATIONSHIP OF PARTIES The Clinic shall be an independent contractor and not an employee of the County under this agreement. The Clinic shall not act as the agent, legal representative, joint venturer or partner of the County for any purpose whatsoever and is not authorized to make any contract, agreement, warranty or representation on behalf of the County. This agreement is nonexclusive and in no way restricts the Page 2 of 4

3 ability of the County to contract for the same or similar services with providers other than Creek View Veterinary Clinic, P.C. NON-DISCRIMINATION No person shall discriminate in the performance of this agreement on the basis of race, color, religion, creed, national origin, sex, age, handicap or the ability to pay. All parties to this agreement shall comply with the regulations promulgated by the Texas Department of Health, pursuant to the Title VI of the Civil Rights Act of 1976 (45 D.F.R. Part 80). All parties to this agreement shall comply with the Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in the Department of Labor Regulations. RELEASE AND INDEMNITY The Clinic agrees to release, indemnify and hold harmless the County, and its respective officials, officers, agents and employees, from any claim or cause of action whatsoever, which may arise, in whole or in part, from any act or omission by Clinic, its agents, servants or employees. ASSIGNABILITY This agreement shall not be assignable by the Clinic without prior written consent of the County. This agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this agreement. AMENDMENTS This agreement may be amended by mutual agreement of the parties hereto in writing to be attached to and incorporated in this agreement. GOVERNING LAW The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Exclusive venue shall lie in a court of competent jurisdiction in Comal County, Texas. IMMUNITY No provision of this agreement shall affect or waive any sovereign or governmental immunity available to the County and/or its elected officials, officers, employees and agents under Federal or Texas law nor waive any defenses or remedies at law available to the County and/or its elected officials, officers, employees and agents under Federal or Texas law. ENTIRE AGREEMENT Page 3 of 4

4 This agreement shall supersede any and all agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement, which is not contained herein, shall be valid or binding. Executed in New Braunfels, Comal County, Texas on the day and year first written above. COMAL COUNTY COMMISSIONERS COURT Sherman Krause Comal County Judge Date APPROVED AND SIGNATURE OF COUNTY JUDGE AUTHORIZED BY COMMISSIONERS COURT acting in session this day of March, CREEK VIEW VETERINARY CLINIC Michael A. Doherty, D.V.M. Creek View Veterinary Clinic, P.C. HON. Bobbie Koepp, County Clerk Date Page 4 of 4

5 February 17, 2015 To: Comal County Purchasing Department From: Creek View Veterinary Clinic Re: Professional Services for Animal Control Veterinary Care The following services will be offered at the listed costs for veterinary services relating to rabies cases, emergency care, cruelty investigations, euthanasia and body disposals from through Rabies Vaccination: $22.35 Quarantine/day for dogs or cats: $23.60 Rabies Quarantine Certification: $26.25 First Day Flea Treatment: $ 4.50 Head Removal for Rabies testing: $68.25 Includes head removal, proper packaging of specimen and paperwork Transportation of Rabies Specimen: $59.50 Euthanasia: $24.80 Disposal of body: After hours call before 11:00 PM $ After hours call after 11:00 PM $ $10.00 plus $0.75/pound of body weight Treatment of injured animals: 60% of normal clinic costs pertaining to pain control and life-saving measures only In those cases in which an owner is unable to be contacted or an owned animal is deemed abandoned because an owner does not reclaim it, charges for quarantine, head removal or other services will be assessed to the Comal County Animal Control.