HomeMy WebLinkAboutAgenda - 06-02-2009 - 4lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2009
Action Agenda
Item No. 4-
SUBJECT: Renewal of Animal Services Community Spay/ Neuter Agreement with
AnimalKind
DEPARTMENT: Animal Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
AnimalKind Agreement Bob Marotto, Director, 968-2287
$20 Fix Brochure/ Application Susan Elmore, DVM, Chair of the Animal
Services Advisory Board, 541-3474
PURPOSE: To approve an agreement renewal between Orange County and AnimalKind in the
amount of $15,000 that would be expended in FY 2009-10 for the spay and neuter of pets
belonging to low income Orange County residents, both those who are clients of the Department
of Social Services (DSS) and those who are not.
BACKGROUND: This agreement is based on an established relationship with AnimalKind as a
part of its regional effort to promote private/public partnerships to end the needless euthanasia
of animals. The County's Department of Social Services (DSS) has agreed to collaborate with
the Animal Services Department as it partners with AnimalKind, and the agreement is based
upon distinguishing between residents that are clients of DSS and other low-income residents
that are not DSS clients.
For those residents who are clients of DSS programs such as Food Stamps and Medicaid, DSS
will send out a notice and identify those pet owners who wish to have their pets spayed or
neutered through AnimalKind. Those residents will apply directly to Animal Services and will
receive a "no-pay" voucher which will not require a co-pay at the time of service. This will occur
based on a recommendation from DSS, which has determined any co-pay would be a deterrent
to participation given the state of the economy. The average County cost of each surgery for
the pets of DSS clients will be $95.
Other residents of Orange County who are not DSS clients but who still meet the eligibility
requirements for AnimalKind can apply directly through AnimalKind for the $20 Fix. Residents
in this group will qualify if they are at or below 125 percent of the poverty level for the number of
persons living in their household (see attached brochure). These residents will receive a
voucher from AnimalKind and be required to make a $20 co-pay to the veterinarian at the time
of their pet's surgery. The average County cost for these surgeries will be $75.
z
Thirty (30) spays and neuters were performed in the first quarter of 2009, the only full quarter for
which such information is available under the existing agreement between AnimalKind and
Orange County. Staff expects this number to grow as the program grows and becomes better
known to DSS clients and other qualifying residents of Orange County. Staff also expects the
already large demand for "low cost" and "no cost" pet sterilization to significantly increase in
coming years as a result of the economic recession.
It is the opinion of Animal Services staff and the Animal Services Advisory Board (ASAB) that
this program is good public policy, good fiscal policy, and a wise investment of economic
resources. Ultimately the issue of overpopulation and euthanasia cannot be addressed through
adoption and placement alone. It must be addressed at its root -namely, the reproduction of
unwanted litters of animals. A decrease in unwanted numbers entering the shelter will equate to
a decrease in the number of animals the shelter must care for each year, saving the County and
its residents the costs of caring for those animals.
FINANCIAL IMPACT: The $15,000 for this agreement comes from the Community
Spay/Neuter Fund created by the BOCC in FY2007-08 from the increased pet licensing
differential.
The cost of the County offering this type of program on its own, just examined from the
prospective of needed human resources, would be prohibitive. It would not be possible to
organize the veterinary services needed nor the time and human resources required to
effectively manage and oversee such a program. Under the agreement, AnimalKind receives a
$5 administrative fee as part of the cost for each surgery, considerably less than the resources
needed for the County to provide a service of equivalent value. A public/private partnership of
this kind will make it possible to provide services that the County would otherwise be unable to
provide, greatly benefiting the residents, pets and taxpayers of Orange County.
It is critical to underscore the return on investment that such collaboration will offer. With
spay/neuter services provided to more residents of the County and fewer animals coming into
the shelter in the medium and long run, it will not only decrease the number of animals
euthanized in the County, but also the costs incurred by sheltering these animals in the coming
years and decades. It is expected this agreement will cover the costs of approximately 175
spays and neuters for the pets of low income residents in the first year. In the long run, it is
expected this number to be in addition to those funded by AnimalKind's own fundraising efforts.
RECOMMENDATION(S): The Manager recommends the Board approve the agreement
between the County and AnimalKind for FY 2009-10 in the amount of $15,000 for the spay and
neuter of pets belonging to low income Orange County residents and authorize the Chair to sign
the agreement subject to final review by staff.
3
NORTH CAROLINA
ORANGE COUNTY
ANIMAL SERVICES AGREEMENT
THIS AGREEMENT is between Orange County, North Carolina (the "County"), party of
the first part; and AnimalKind, Inc., a North Carolina Non-Profit corporation (the "Provider"),
party of the second part.
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County
hereby contracts for the services of the Provider, and the Provider agrees to provide the services
to the County in accordance with the terms of this Agreement.
I. SERVICES TO BE PROVIDED
The services to be performed by the Provider shall be as follows: (1) Administer a pet
spay/neuter financial assistance program for low-income Orange County residents; and (2)
Provide vouchers that enable "Qualified Residents" (as hereinafter defined) of Orange County to
spay or neuter a dog or cat for $20 or less. The Provider will use funds paid pursuant to Section
III of this Agreement to supplement Provider's existing "$20 Fix" program. All funds payable to
Provider pursuant to Section III of this Agreement must be used for the benefit of applicants
residing in Orange County.
Provider shall partner with licensed veterinarians to deliver the spay/neuter surgeries. It
is understood that Provider will have the sole responsibility for locating, contracting and
otherwise providing spay/neuter options through veterinarians and veterinary clinics. County
shall not be required to enter into any agreements with veterinarians or veterinary clinics for the
provision of spay/neuter services contemplated by this Agreement. Provider hereby represents
and warrants to County that all veterinarians performing services for clients as contemplated by
this Agreement have in force veterinary medical malpractice insurance of commercially
reasonable policy limits which will cover acts of veterinary medical malpractice in such amounts
as to provide adequate coverage prior to allowing any such veterinarian to perform services for
clients as contemplated by this Agreement. Provider shall retain evidence of such insurance for
each veterinarian who performs services contemplated by this agreement and such evidence of
insurance shall be provided to the County upon request The Provider agrees to defend,
indemnity, and hold harmless Orange County from all loss, liability, claims or expense
(including reasonable attorney's fees) arising from the services required or contemplated herein
(including the provision of animal medical services by Provider's contractors, assignees,
employees and agents).
4
IL Term
The services of the Provider shall begin on the 1St of July 2009, and shall be provided
until June 30th, 2010.
III. PAYMENT
Provider shall submit an invoice to the County for services provided on a quarterly basis.
The invoice shall contain Provider's name and federal tax identification number and shall be
signed and dated by an officer of Provider. Invoices should be sent to:
Orange County Animal Services
1601 Eubanks Road
Chapel Hill, NC 27516
Invoices shall detail all services provided to Qualified Residents, and shall specify
whether the Qualified Resident was qualified by Provider or the Orange County Department of
Social Services. The County will make payments to Provider upon County's receipt and approval
of the invoice by the Animal Services Department. The total amount paid to Provider during the
contract period shall not to exceed fifteen thousand dollars ($15,000).
Payments made to Provider only For "Qualified Residents"
For purposes of this Agreement, a "Qualified Resident" is a person who is eligible to
participate in Provider's reduced cost or no cost spay neuter program as determined by Provider
pursuant to its program policies, or as determined by the Orange County Department of Social
Services ("DSS") as discussed more fully herein below. It is understood that for each
spay/neuter surgery performed pursuant to this Agreement, Provider shall receive and review all
submitted applications and issue vouchers to Qualified Residents, including those residents
qualified by DSS. These vouchers are to be used exclusively with veterinarians who have: (1)
existing contracts with Provider; and (2) that have given Provider the insurance information
required herein. Provider will pay the veterinarian the cost of the surgery directly, and County
shall have no liability or other obligation whatsoever to any veterinarian or veterinarian clinic for
payment of costs associated with surgery or other procedures performed by veterinarians for
Qualified Residents whether or not the County is obligated to reimburse Provider for these same
services.
It is understood and agreed that DSS will determine, in its exclusive discretion, which
Qualified Residents meet the criteria for full coverage surgeries in which no co-pay is required
for spay/neuter surgery. DSS shall coordinate with the County Animal Services Department
("Animal Services") to identify and submit applications to Provider for these Qualified
Residents. Animal Services will have sole responsibility for coordinating with the Department
of Social Services to make information known to their clients about the "no cost sterilization" for
dogs, cats and other small animals, and for providing, transmitting, and otherwise facilitating the
submission of applications to Provider for Qualified Residents as determined by DSS. Provider
shall be responsible for issuing vouchers in a timely manner to DSS Qualified Residents.
Pavments for Services on Behalf of Oualified Residents Who Are Oualified By Provider
The County shall pay the actual cost of surgery plus and administrative fee of $5.00 per
procedure, which when added together, shall be no more than an average cost of Seventy Five
Dollars and 00/100 ($75.00), for each spay/neuter surgery arranged by Provider and performed
on behalf of Qualified Residents qualified by Provider during each quarter throughout the term
of this Agreement. County recognizes that the cost of any single surgery performed on behalf of
a Qualified Resident plus the $5.00 administrative fee may be more or less than $75.00
depending on the veterinarian performing the procedure, the type of pet (dog or cat), the sex of
the pet and the size of the pet. However, for any given quarterly invoice the County will only be
required to pay to Provider the lesser of: (1) the actual cost of surgeries performed pursuant to
this Agreement plus an administrative fee of $5.00 per procedure; or (2) the average cost of
$75.00 per surgery (which shall include the $5.00 administrative fee) for each surgery performed
pursuant to this Agreement. In no event shall the co-pay required from a Qualified Resident
qualified by Provider exceed the amount of Twenty Dollars and 00/100 ($20.00).
Pavments for Services on Behalf of Oualified Residents Who are Oualified b
The County shall pay the actual cost of surgery plus and administrative fee of $5.00 per
procedure, which when added together, shall be no more than an average cost of Ninety Five
Dollars and 00/100 ($95.00), for each spay/neuter surgery arranged by Provider and performed
on behalf of Qualified Residents qualified by DSS during each quarter throughout the term of
this Agreement. County recognizes that the cost of any single surgery performed on behalf of a
Qualified Resident who is qualified by DSS plus the $5.00 administrative fee may be more or
less than $95.00 depending on the veterinarian performing the procedure, the type of pet, the sex
of the pet and the size of the pet. However, for any given quarterly invoice the County will only
be required to pay to Provider the lesser of: (1) the actual cost of surgeries performed pursuant to
this Agreement plus an administrative fee of $5.00; or (2) the average cost of $95.00 per surgery
(which shall include the $5.00 administrative fee) for each surgery performed pursuant to this
Agreement on behalf of a Qualified Resident qualified by DSS. No co-pay shall be required for
Qualified Residents who qualify through DSS.
IV. RELATIONSHIP OF PARTIES
Provider is an independent contractor of the County. Provider represents that it has or
will secure, at its own expense, all personnel required in performing the services under this
Agreement. Such personnel shall not be employees of or have any contractual relationship with
the County. All personnel engaged in work under this Agreement shall be fully qualified and
shall be authorized or permitted under state and local law to perform such services. It is further
agreed that the Provider will obey all State and Federal statutes, rules and regulations that are
applicable to provisions of the services called herein. Neither Provider nor any employee of the
Provider shall be deemed an officer, employee or agent of the County.
6
AnimalKind shall keep records in a manner consistent with the requirements of the NC
ICARE program and provide these records to the County as needed.
V. TERMINATION
This Agreement may be terminated by Provider upon thirty (30) days' written notice to
the County, and the County may terminate this agreement upon thirty (30) days' written notice to
Provider.
VI. INSURANCE REQUIREMENTS
The Provider shall obtain, at his sole expense, all insurance required in the following
paragraphs and shall not commence work until such insurance is in effect and certification
thereof has been received by Orange County's Risk Manager.
Workers' Compensation Insurance, with limits for Coverage AStatutory-State of North
Carolina and Coverage B Employers Liability $500,000 each accident, disease policy limit and
disease Each Employee.
Commercial General Liability -Combined single limits of no less than $1,000,000 each
occurrence and $2,000,000 aggregate. This insurance shall include Comprehensive Broad Form
Coverage including contractual liability.
All insurance companies must be licensed in North Carolina and be acceptable to the
County's Risk Manager. Insurance Policies, except Workers' Compensation, shall be endorsed
(1) to show Orange County as additional insured, as their interests may appear and (2) to amend
cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be
signed by a licensed North Carolina agent and be amended to show "thirty (30) days' notice of
change or cancellation will be given to the Orange County Risk Manager by certified mail."
If an "ACORD" Insurance Certificate is used, the words "endeavor to" and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the company" in the
"cancellation" paragraph of the form shall be deleted. Copies or originals of correspondence,
certificates, endorsements or other items pertaining to insurance shall be sent to:
Orange County Risk Manager
PO Box 8181
Hillsborough, North Carolina 27278
If the Provider does not meet the insurance requirements of the specifications, alternate
insurance coverage satisfactory to Orange County may be considered. Nothing in this section is
intended to affect or abrogate the County's sovereign immunity defenses.
VII. INDEMNIFICATION
Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability,
claims or expense (including reasonable attorney's fees) arising from bodily injury, including
death, to any person or persons or property damage caused in whole or in part by the negligence
or misconduct of the Provider, except to the extent same are caused by the negligence or willful
misconduct of the County.
7
It is the intent of this section to require the Provider to indemnify the County to the extent
permitted under North Carolina law.
VIII. NON-ASSIGNMENT
Provider shall not assign all or any portion of this Agreement, including rights to
payments, to any other party without the prior written consent of the County.
IX. ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by all of its terms, and
further agree that it constitutes the complete and exclusive statement of the Agreement between
the parties unless and until modified in writing and signed by the parties. Modifications may be
evidenced by telefacsimile signatures.
X. GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of the State of North
Carolina.
ORANGE COUNTY, NORTH CAROLINA ANIMALHIND
By: By:
Valerie P. Foushee, Chair, Board of Beth Livingstone, Executive Director
County Commissioners
Date:
Date:
(Mailing Address)
AnimalKind
PO Box 12568
Raleigh, NC 27605
Federal Tax ID# xxxxxx505
Approved as to technical content:
Approved as to form and legal sufficiency:
Department Director
County Attorney
This instrument has been pre-audited in the manner required by the Local Government Fiscal and
Control Act.
Finance Director
7
How do I use THE $20 FIX
pet spay/neuter program?
1. Complete this application and mail to:
THE $20 FIX, P.0. Box 12568, Raleigh, NC 27605.
If you need help filling out the application, please call
919-870-1660 or email: thefix ananimalkind.ora.
2. You will receive the voucher(s) by mail:
If you are not accepted into THE $20 FIX program, you will be
notified. If your application is approved, you will receive the pet
voucher within 4 weeks. The voucher works like a "coupon" for
your pet's surgery. It is accepted only at participating vets, can be
used for your pet only, and is valid for 3 months.
3. You call a particioatinsl veterinarian to make an
appointment:
You will receive a list of participating vets with your voucher. Call
to make your vet appointment immediately after receiving your
voucher. Appointment space may fill up fast and your voucher has
an expiration date!
Your pet must be at least 3 months old to get spayed or neutered.
Minimum weight varies byvet-generally 2 pounds for a cat and
2-10 pounds for a dog. (Minimum age for a rabies shot is 4
months.)
The vet will give you instructions for your pet's pre-surgery care
and can answer your questions about the surgery.
4. You take your pet(s) to the vet appointment:
Take cash with vou. You must pay the co-pay amount of
$20 per pet in cash to the vet when you drop off your pet. (Co-
payincludes rabies shot if received.) You should be prepared to
show your picture ID at the vet's office.
Take vour pet's current rabies certificate if vou have one. If you do
not have rabies paperwork with you, the vet may give your pet a
rabies shot, as required bylaw-and the cost is covered by your
co-pay. (The rabies tag is not sufficient proof of vaccination.)
Be on time for vour vet appointment! If you must cancel, be sure
to call the vet several days before the appointment so someone
else's pet can use the space!
Do I qualify for THE $20 FIX
pet spay/neuter program?
You must be a resident of Caswell, Durham, Orange, Person,
or Wake County in North Carolina to participate in THE $20 FIX.
(Please ask us about programs in other areas.)
You must own the cat or dog. THE $20 FIX cannot provide
assistance for stray or feral animals and you cannot apply for
vouchers to use for someone else's pet. (Please ask us about
programs for stray/feral animals or pets of residents who do not
qualify for THE $20 FIX but need reduced-cost spay/neuter.)
THE $20 FIX program is for residents who have no other
options for financial assistance for pet spaylneuter. Our funds
are limited so it is important that we serve those who need our
help the most.
College students who receive any financial support from
parents are not eligible for THE $20 FIX unless their parents
also qualify financially. (Please ask us about other discounted
programs available to college students.)
There are two ways to qualify:
1. Enclose a copy of your own Medicaid card. (If you are a
Medicaid participant, you automatically qualify.)
OR
2. Enclose a copy of the last tax return of each adult in your
household. To qualify without a Medicaid card, the combined
gross income (amount before taxes are deducted) for your entire
household must fall within these guidelines:
1-person household (you) ............................ $13,000 or less
2-person household ..................................... $17,000 or less
3-person household ..................................... $21,000 or less
4-person (or more) household ..................... $25,000 or less
Note: Copy machines are often found at libraries, post offices,
drugstores, and office supply stores. If you qualify by income but
did not file taxes, please enclose a note of explanation and your
best proof of income (W-2's, check stubs, etc.).
1~~
•~
~'
~J
~"
~,
Z
Z
tf
N
0
Z
I•
H
N
919-870-1660
www.animalkind.org
0
0
THE $20 FIX: AnimalKind's Financial Assistance Program for Pet SpaylNeuter
Your
Where did you get this application?
Mailing Address: City: State: Zip:
Street Address (if different from your mailing address):
City: State: Zip: In what county do you live?
Daytime Phone: Evening Phone: E-mail:
Your Age: Number of Adults in Household (including you): Number of Children in Household:
Only in extreme circumstances, AnimalKind may be able to reduce the $20 co-pay (the amount you pay). ^ YES, have someone contact me about
reducing the co-pay.
Please enclose EITHER a copy of your Medicaid card OR a copy of the last tax return for each adult in your
household. If you qualify based on your current income (see back side of application) but did not file taxes, please enclose a note of explanation
and your best proof of income (W-2's, check stubs, etc.).
Are you enclosing a copy of your own Medicaid card? Yes No
Are you enclosing a copy of the last tax return for each adult in your household? Yes No
Current household income per month from all sources (the amount before taxes are taken out):
Please list any assistance programs from which your household gets help:
Important note about privacy: The information you provide will not be sold or shared. For additional protection of your private information, please
mark through the Social Security numbers on all copies of documents before mailing them. Do not send original documents!
Please list your pets that need spaylneuter surgery:
We cannot issue vouchers for feral or stra cats or do s. Contact us for other resources.
Dog or Cat Pet's Name Sex Description or Breed Pregnant? In Heat? A Agex Weight
I understand that THE a20 FIX vouchers are for pets owned by me-the applicant. The information I have provided about myself, my pets, and
my household income is accurate and truthful. I have enclosed a photocopy of my Medicaid card or the best proof I have of my total
household income. Fraudulent use of THE S20 FIX program will result in services charged to me at full price and possible legal action against
me and others involved in the fraudulent use of vouchers.
Please mail completed application to: THE $20 FIX, P.O. Box 12568, Raleigh, NC 27605. If you need help filling out the application, please call
919-870-1660 ore-mail: thefixCa)animalkind.org. Please do not mail payment with application.
~t~;. ~ .
;~ .,St y ~~ ~ ~~-r s ~,~~~ ~ v ~r t ~~~~ F. , x,.-
~i'~"~~
~~
NORTH CAROLINA
ORANGE COUNTY
ANIMAL SERVICES AGREEMENT
THIS AGREEMENT is between Orange County, North Carolina (the "County"), party of
the first part; and AnimalKind, Inc., a North Carolina Non-Profit corporation (the "Provider"),
parry of the second part.
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County
hereby contracts for the services of the Provider, and the Provider agrees to provide the services
to the County in accordance with the terms of this Agreement.
I. SERVICES TO BE PROVIDED
The services to be performed by the Provider shall be as follows: (1) Administer a pet
spay/neuter financial assistance program for low-income Orange County residents; and (2)
Provide vouchers that enable "Qualified Residents" (as hereinafter defined) of Orange County to
spay or neuter a dog or cat for $20 or less. The Provider will use funds paid pursuant to Section
III of this Agreement to supplement Provider's existing "$20 Fix" program. All funds payable to
Provider pursuant to Section III of this Agreement must be used for the benefit of applicants
residing in Orange County.
Provider shall partner with licensed veterinarians to deliver the spay/neuter surgeries. It
is understood that Provider will have the sole responsibility for locating, contracting and
otherwise providing spay/neuter options through veterinarians and veterinary clinics. County
shall not be required to enter into any agreements with veterinarians or veterinary clinics for the
provision of spay/neuter services contemplated by this Agreement. Provider hereby represents
and warrants to County that all veterinarians performing services for clients as contemplated by
this Agreement have in force veterinary medical malpractice insurance of commercially
reasonable policy limits which will cover acts of veterinary medical malpractice in such amounts
as to provide adequate coverage prior to allowing any such veterinarian to perform services for
clients as contemplated by this Agreement. Provider shall retain evidence of such insurance for
each veterinarian who performs services contemplated by this agreement and such evidence of
insurance shall be provided to the County upon request The Provider agrees to defend,
indemnity, and hold harmless Orange County from all loss, liability, claims or expense
(including reasonable attorney's fees) arising from the services required or contemplated herein
(including the provision of animal medical services by Provider's contractors, assignees,
employees and agents).
f,.
r
II. Term
The services of the Provider shall begin on the 1 S` of Julv 2009, and shall be provided
until June 30`x, 2010.
III. PAYMENT
Provider shall submit an invoice to the County for services provided on a quarterly basis.
The invoice shall contain Provider's name and federal tax identification number and shall be
signed and dated by an officer of Provider. Invoices should be sent to:
Orange County Animal Services
1601 Eubanks Road
Chapel Hill, NC 27516
Invoices shall detail all services provided to Qualified Residents, and shall specify
whether the Qualified Resident was qualified by Provider or the Orange County Department of
Social Services. The County will make payments to Provider upon County's receipt and approval
of the invoice by the Animal Services Department. The total amount paid to Provider during the
contract period shall not to exceed fifteen thousand dollars ($15,000).
Payments made to Provider only For "Qualified Residents"
For purposes of this Agreement, a "Qualified Resident" is a person who is eligible to
participate in Provider's reduced cost or no cost spay neuter program as determined by Provider
pursuant to its program policies, or as determined by the Orange County Department of Social
Services ("DSS") as discussed more fully herein below. It is understood that for each
spay/neuter surgery performed pursuant to this Agreement, Provider shall receive and review all
submitted applications and issue vouchers to Qualified Residents, including those residents
qualified by DSS. These vouchers are to be used exclusively with veterinarians who have: (1)
existing contracts with Provider; and (2) that have given Provider the insurance information
required herein. Provider will pay the veterinarian the cost of the surgery directly, and County
shall have no liability or other obligation whatsoever to any veterinarian or veterinarian clinic for
payment of costs associated with surgery or other procedures performed by veterinarians for
Qualified Residents whether or not the County is obligated to reimburse Provider for these same
services.
It is understood and agreed that DSS will determine, in.its exclusive discretion, which
Qualified Residents meet the criteria for full coverage surgeries in which no co-pay is required
for spay/neuter surgery. DSS shall coordinate with the County Animal Services Department
("Animal Services") to identify and submit .applications to Provider for these Qualified
Residents. Animal Services will have sole responsibility for coordinating with the Department
of Social Services to make information known to their clients about the "no cost sterilization" for
dogs, cats and other small animals, and for providing, transmitting, and otherwise facilitating the
submission of applications to Provider for Qualified Residents as determined by DSS. Provider
shall be responsible for issuing vouchers in a timely manner to DSS Qualified Residents.
Pavments for Services on Behalf of Oualified Residents Who Are Oualified By Provider
The County shall pay the actual cost of surgery plus and administrative fee of $5.00 per
procedure, which when added together, shall be no more than an average cost of Seventy Five
Dollars and 00/100 ($75.00), for each spay/neuter surgery arranged by Provider and performed
on behalf of Qualified Residents qualified by Provider during each quarter throughout the term
of this Agreement. County recognizes that the cost of any single surgery performed on behalf of
a Qualified Resident plus the $5.00 administrative fee may be more or less than $75.00
depending on the veterinarian performing the procedure, the type of pet (dog or cat), the sex of
the pet and the size of the pet. However, for any given quarterly invoice the County will only be
required to pay to Provider the lesser of: (1) the actual cost of surgeries performed pursuant to
this Agreement plus an administrative fee of $5.00 per procedure; or (2) the average cost of
$75.00 per surgery (which shall include the $5.00 administrative fee) for each surgery performed
pursuant to this Agreement. In no event shall the co-pay required from a Qualified Resident
qualified by Provider exceed the amount of Twenty Dollars and 00/100 ($20.00).
Pavments for Services on Behalf of Qualified Residents Who are Qualified by DSS
The County shall pay the actual cost of surgery plus and administrative fee of $5.00 per
procedure, which when added together, shall be no more than an average cost of Ninety Five
Dollars and 00/100 ($95.00), for each spay/neuter surgery arranged by Provider and performed
on behalf of Qualified Residents qualified by DSS during each quarter throughout the term of
this Agreement. County recognizes that the cost of any single surgery performed on behalf of a
Qualified Resident who is qualified by DSS plus the $5.00 administrative fee may be more or
less than $95.00 depending on the veterinarian performing the procedure, the type of pet, the sex
of the pet and the size of the pet. However, for any given quarterly invoice the County will only
be required to pay to Provider the lesser of: (1) the actual cost of surgeries performed pursuant to
this Agreement plus an administrative fee of $5.00; or (2) the average cost of $95.00 per surgery
(which shall include the $5.00 administrative fee) for each surgery performed pursuant to this
Agreement on behalf of a Qualified Resident qualified by DSS. No co-pay shall be required for
Qualified Residents who qualify through DSS.
IV. RELATIONSHIP OF PARTIES
Provider is an independent contractor of the County. Provider represents that it has or
will secure, at its own expense, all personnel required in performing the services under this
Agreement. Such personnel shall not be employees of or have any contractual relationship with
the County.. All personnel engaged in work under this Agreement shall be fully qualified and
shall be authorized or permitted under state and local law to perform such services. It is further
agreed that the Provider will obey all State and Federal statutes, rules and regulations that are
applicable to provisions of the services called herein. Neither Provider nor any employee of the
Provider shall be deemed an officer, employee or agent of the County.
AnimalKind shall keep records in a manner consistent with the requirements of the NC
ICARE program and provide these records to the County as needed.
V. TERMINATION
This Agreement may be terminated by Provider upon thirty (30} days' written notice to
the County, and the County may terminate this agreement upon thirty (30) days' written notice to
Provider.
VI. INSURANCE REQUIREMENTS
The Provider shall obtain, at his sole expense, all insurance required in the following
paragraphs and shall not commence work until such insurance is in effect and certification
thereof has been received by Orange County's Risk Manager.
Workers' Compensation Insurance, with limits for Coverage AStatutory-State of North
Carolina and Coverage B Employers Liability $500,000 each accident, disease policy limit and
disease Each Employee.
Commercial General Liability -Combined single limits of no less than $1,000,000 each
occurrence and $2,000,000 aggregate. This insurance shall include Comprehensive Broad Form
Coverage including contractual liability.
All insurance companies must be licensed in North Carolina and be acceptable to the
County's Risk Manager. Insurance Policies, except Workers' Compensation, shall be endorsed
(1) to show Orange County as additional insured, as their interests may appear and (2) to amend
cancellation notice to 30 days, pursuant to North Carolina law. Certificates of insurance shall be
signed by a licensed North Carolina agent and be amended to show "thirty (30) days' notice of
change or cancellation will be given to the Orange County Risk Manager by certified mail."
If an "ACORD" Insurance Certificate is used, the words "endeavor to" and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the company" in the
"cancellation" paragraph of the form shall be deleted. Copies or originals of correspondence,
certificates, endorsements or other items pertaining to insurance shall be sent to:
Orange County Risk Manager
PO Box 8181
Hillsborough, North Carolina 27278
If the Provider does not meet the insurance requirements of the specifications, alternate
insurance coverage satisfactory to Orange County may be considered. Nothing in this section is
intended to affect or abrogate the County's sovereign immunity defenses.
VII. INDEMNIFICATION
Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability,
claims or expense (including reasonable attorney's fees) arising from bodily injury, including
death, to any person or persons or property damage caused in whole or in part by the negligence
or misconduct of the Provider, except to the extent same are caused by the negligence or willful
misconduct of the County.
4
It is the intent of this section to require the Provider to indemnify the County to the extent
permitted under North Carolina law.
VIII. NON-ASSIGNMENT
Provider shall not assign all or any portion of this Agreement, including rights to
payments, to any other party without the prior written consent of the County.
IX. ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by all of its terms, and
further agree that it constitutes the complete and exclusive statement of the Agreement between
the parties unless and until modified in writing and signed by the parties. Modifications may be
evidenced by telefacsimile signatures.
X. GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of the State of North
Carolina.
ORANGE CEO , RTH CAROLINA
Valerie P. Foushee, Chair, Board of
County Commissioners
Date: 1 ~3~ l ~ ~
ANIMALKIND
Be Living e, xecutive Director
Date: ~~'~d/~
(Mailing Address)
AnimalKind
PO Box 12568
Raleigh, NC 27605
Federal Tax ID# xxxxxx505
Approved as to technical content: ~~~c ~ ~ .
Department Director
Approved as to form and legal sufficiency:
County Attorney
This instrument has been pre-audited in the manner required by the Local Government Fiscal and
Control Act.
Finance Director